Neighbor painted “my” trees, wants court
Hi BP,
So it’s time to put up a fence for our soon to be completed flip. My wife wanted to start working on it, but there’s a bunch of nasty bush/ trees blockin the property line and the existing fence only runs half way down the 75’ lot. I figured I’d do some branch clearing, pull a sting line and put a fence. Almost all the pathetic overgrown trees are growing from our supposed side of the existing fence, and leaning slightly to the neighbors side. Got the chain saw out and cut one little tree and heard the neighbor (live in landscaper not owner) yell and tell me to stop. I asked if they intended to redefine the existing fence line and he said not to touch another branch. Since in my mind the trees are mine, I told him ok, but thought I could smooth the discussion out with a string line for when the real home owner got home, so I cut one 2” branch that was in the way. He came out yelling etc and said I better not touch any more. He had said he was going to run the string line that day, but I figured it would be better I did, buy a branch was in the way of following the top of the fence. It’s very overgrown and was hard to find a way through with a string line. So I apologize and say I thought I was helping him out by running the string line since he’s handicapped and not given much time to live (approx 40yrs old). He is a live in landscaper, though married to another woman, he’s moved in with his new love and thy argue they’ll be there forever, so I better get a survey if I want to touch the trees. Earlier that day he said he might get kicked out and was already sleeping upstairs. When I cut the branch he calls friend and says “oh no, I’m not going to have a place to sleep this winter” to further dramatize. Homeowner gets off work and I see an opportunity to smooth this over since I don’t care about the trees or where the property line is. I just want fence and sale. He gets his phone out and starts saying I’ve been cutting branches on their side and that I’m going to be sued if I touch another branch. He also gave me his lawyers number and said I had caused his health to be upset or whatever. Now this whole time I’m not being tough or anything, just trying to smooth things over and communicate I’m not going to touch any branches at the moment. So now I’m stuck with having to get a survey which they tell me is going to cost $900. Called a couple places and that’s pretty accurate. Feeling the tension on my poor pregnant wife, I call a surveyor and schedule immediately and text the neighbor live in landscaper that I’m sorry if I’ve offended and that it’s scheduled asap . He responds with a legal response threatening court and with his lawyers #. Up until this point he’s always been friendly, though they moved into this house only 2 months ago. Now it seems they are living for the dispute and I’m concerned he’s trying to hook me into court somehow. Today, my wife texts me and says they’re out there doing something at the property line (4 days later). He came on our perceived side of the fence and painted big blue paint on all the trees on our side. (I’m guessing it’s not permanent). I go out and ask why he would do something so offensive and he responds because I cut branches and he doesn’t want to talk anymore. By the way, the homeowner has told him she doesn’t want to talk to me, even though I’ve never really met her. One more complicating factor is that the property in back cuts over 5’ so the lines aren’t straight, but according to the deed the measurements show me the trees are mine. Surveyor is supposed to show next week. I thought about calling the cops since he kind of graffiti’d on our trees, but I don’t know for sure if they’re ours and I wonder if these guys know something I don’t about the property line. The logical thing is to wait for the surveyor and then make the fence accordingly. If the paint is permanent and the trees are mine, what should I do? I’d like to file a police report, but I’m concerned this guy is looking for a way to take our $. What kind of things should I watch out for with a sue happy guy like this? Are most people like this full of hot air?