"Chet Hayes" wrote in message
om...
The boundary tree discussion with the trunk split across the property
line seems to fit your situation. That's the first time I've seen a
reference to a tree actually spanning the line.

I also agree with most of what Ratgirl had to say. Anybody who trims
trees overhanging into their yard has to use reasonable prudence. Of
course your neighbor's defense will be that he is co-owner of the tree
and had the advice of the first tree surgeon that advised the pruning
could be safely done. That may be a good defense. The cavalier
statements they made to you, for which I hope you have witnesses, are
certainly in your favor.

I never implied the purpose of courts was to judge a situation in
terms of overall fairness. Quite the opposite, the law by allowing
people in general to trim trees hanging into their air space is a law
that is fair in it's balance and avoids having a judge decide every
issue of which tree can be pruned.

Here's a question. Has the property line been accurately surveyed so
that you know exactly where the line is? And if the tree is still
salvagable now, have you considered getting an immediate court order
to prevent them from doing anything further until it's resolved?


The neighbors should be getting a letter shortly from our attorney telling
them to stop. My father also handed them a formal letter yesterday,
explaining why the tree cannot be touched and that they would be getting a
letter shortly from our attorney.

As for the first tree expert, he wasn't a certified arborist like the second
guy and besides, the neighbors didn't actually know about the first guy.