Trees

Contractor came in three years ago and cut down 50-100 trees in our wetlands...Our 'attorney' said we have to prove that the property value is less now than it was before the damages..We have photos of before and after and the destruction and trees ruined and being hauled away...No trespassing signs posted and ignored. Our 'attorney' said only case is trespassing for 25.00 fine We think this cannot be right The trees that were cut provided noise, privacy and wind barrier and of course were beautiful...tall...some valuable...walnut...Space is now bare and was forested wetlands...Environmental protection wanted nothing to do with this sticky wicket..Developer well known in township for doing what he wants despite laws...We're very frustrated and cannot imagine we have no case.

Legal right to trim Branches of Neighbors Tree Encroaching on My Property?

I live in a neighborhood where a tree, which resides outside my fence line, and not on my property, is maintained by the HOA. The tree has grown roots, which have encroached into my property and caused extensive damage to my walkway, uplifted my fence and broke concrete in my adjacent yard.I sent pictures and they have replied that they are not responsible and that they are not going to pay for the damage. When I consulted my own homeowners insurance, they told me there is a couple of California Civil Codes for Trespass which would make the HOA responsible for the damage. It is their tree?How is it that if a neighbors tree falls on my house they are responsible and yet in this case, they feel they are not. They already said that the tree is in the common area and according to the bylaws, are responsible for them. They said they will put up an underground retaining wall to stop the roots, but won't pay for the damage. Isn't that why they have liability insurance?

My neighbor has about 50 or more pine trees on his property line which borders mine. The branches of the trees extend out well over his property line into mine, the result of which is pine cones, branches, etc litter my driveway and other property. Is it possible to force him (legally) to trim the branches of the trees so that they would not extend over and litter my property.

My neighbor's water oak is leaning toward my property with the majority of branches over hanging our side. The trunk is one inch (1) from our fence at the top of the fence, and right on the fence at the lower part of the trunk. This lower part of the trunk has pushed our fence to the point that the fence is bowing out almost 10 inches from the bottom of the fence up about 3 to 4 feet. The tree is bordering on breaking the fence in half. I have been told by my insurance company to inform the neighbor about the fence problem along with the fact that the tree is lopsided due to all growth of forked branches on our side, the roots from the tree are all on our side too which we've been warned not to damage in any way. The neighbor will not will not answer my calls nor answer her door. I am sure she will not accept any signed delivery receipt of an arborist letter nor lawyer's letter. This water oak was once backed by woods, hence its growth and leaning toward us. The neighbor clear cut woods on our side of the property line except this one (1) water oak. So I have the fence being compromised, via tree trunk, roots, the danger to our life and home due to the overhanging branches from a tree that is well know to come down during high winds or on a whim due to the forks and u-shaped branches. The neighbor, who is very wealthy and savvy(sp)who won't respond, along with the trunk of the tree that is breaking the fence. Upon her visiting boyfriend's invitation I took an arborist over, she never came out, the boyfriend did who was raging mad, verbaly attacking the arborist (who kept his cool to the point of awe) and periodically turned his anger toward me to which I did not respond. He does not own the home, and the neighbor would not come out of the house to talk to us. I have the email where she requested that I send her the phone number of the arborist so she could talk to him. The boyfriend literally screamed 'WE ARE NOT TAKING DOWN THAT TREE, WE ARE NOT TAKING DOWN THAT TREE'. The tree is a managible size at this point for a tree climber to gently take it down. As it continues to grow it will just be harder. BTW, our home was placed 18 feet away from the property line, her home she placed ten feet except her overhang make it 7 feet from property line. Plus we placed our fence on our property not hers, nor right on the line. Bottom line the tree trunk or part of it is on her property, I cannot trim the branches for fear of boyfriend's threat that we better not 'kill that tree', at the same time the tree is inpinging(sp) on my property etc.Rock and a hard place there has got to be a way to protect our home, fence, and not the least ourselves. **please give answer according to Baldwin County Alabama laws otherwise it will be of no use to me.**