Fake arborist dropping branching on fence and in yard.

Mike Islander

Branched out member
My 97 year old mother in law's dumbass neighbor has hired a hack to cut down 5-6 big trees. A-hole is limbing the stems with zero rigging. Limbs on/over her fence. 10" diameter, 25 foot long branch on her front lawn. Then drives away with no cleanup for a week or so. I dragged the big one back into the neighbor's yard with my truck.

I called the police and they said this is a civil matter. WTF? This guy hasn't put out cones or had any contact with my MIL. Now he's got bald stems ready to fell, and who knows where they will land.

If police won't help, what should I do? Baseball bat to the head isn't an option...yet.
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How much does she like the neighbor? Take them to small claims court. I bet they'll find they hack again. Shouldn't be on her to chase down someone who has disappeared. If he shows up again, park him in until everything on her side is cleaned up... possibly talk with the neighbor about this plan ahead of time if they are on good terms and agree the hack needs to make it right.
 
Some good advice so far. You/MIL are probably stuck pursuing this in civil court if necessary. Document as much as possible with photos and videos. Make notes, with dates, on everthing. Verbal communications are not proof in court without a recording of it. (Is your state 1 party or 2 party consent?) You need to have a bona fide way to calculate a dollar amount for damages.

I can't recall if you're a rec climber or professional. If you're not a pro, hire one to clean up the mess on MIL's side if it comes to that. Invoices are readily accepted as damages in court, son-in-law's hourly rate, not so much.

I believe the homeowner should be the defendant. Let him/her sue the tree "service." Personally, whether or not I like the neighbor wouldn't be a factor. But if they're really a good neighbor, they'd make it right without a court judgement.
 
Some good advice so far. You/MIL are probably stuck pursuing this in civil court if necessary. Document as much as possible with photos and videos. Make notes, with dates, on everthing. Verbal communications are not proof in court without a recording of it. (Is your state 1 party or 2 party consent?) You need to have a bona fide way to calculate a dollar amount for damages.

I can't recall if you're a rec climber or professional. If you're not a pro, hire one to clean up the mess on MIL's side if it comes to that. Invoices are readily accepted as damages in court, son-in-law's hourly rate, not so much.

I believe the homeowner should be the defendant. Let him/her sue the tree "service." Personally, whether or not I like the neighbor wouldn't be a factor. But if they're really a good neighbor, they'd make it right without a court judgement.

Rec climber. Love our neighbor. Fixed income recluse who probably is mortified by what this dude is doing. Much to think about. Single party recording state.
 
I wouldn't hold out too much hope in small claims court. There have been several cases brought bbn locally that have been thrown out. I don't know the particulars but the plaintiffs have not been happy with the results.
 

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