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Homeowner shocked after neighbor takes drastic action with no warning: 'Sounds like illegal trespassing to me'

"Under no circumstances should you pay."

"Under no circumstances should you pay."

Photo Credit: iStock

Neighborly love is in short supply in this Arizona neighborhood. Apparently, a Redditor's neighbor went ham on the OP's tree. "Sounds like illegal trespassing to me," one response post offered, but in this case, it's worse. 

The extent to which the neighbor went strongly suggests trespassing and destruction of personal property. Even worse, the tree, which needed nothing more than some cutting back, may not survive. 

"I went to check on the tree, and it's basically a tall stump now," the OP said in part of the post. 

Since the tree and neighbor dispute is in Arizona, it mostly boils down to common law principles. 

In every state, a neighbor can legally trim their neighbor's tree if the tree's branches or limbs extend over their property. However, they can only trim it up to their property line. This neighbor went well beyond, which has implications according to Arizona law.

In most states, the one doing the cutting has to notify the neighbor and cannot dispose of the trimmed branches in the neighbor's yard. At the end of the day, wherever the tree trunk is located, it belongs to that property owner — full stop.

The value of the dismembered tree can easily cross the $1,000 threshold, sometimes by a lot. Also, while the disputing neighbor is allowed to trim tree branches that encroach on their property, they are liable for the expense and can still be sued if their efforts damage the health of the tree

Trees provide much-needed shade, especially for properties in southern climates. They are also living air filters, gobbling up nearly 50 pounds of carbon per year. They host wildlife, dampen noise, boost mental health, and reduce soil erosion.

In other words, there are several angles from which the OP can approach a lawsuit. To up the ante, a response post suggested another good idea: "Not only do you not have to pay this, but you can call an arborist. You have them come out and help you put a value on that tree and what it would cost to replace it."

Regardless of the OP's intentions, this response post is exactly right: "Under no circumstances should you pay for the tree destruction, & you should keep all conversations in writing, making it clear you did not give permission to cut down your tree."

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