Trespassing and Malicious Destruction

My question involves criminal law for the state of: Ohio

A man acting as "agent" for my neighbor, who has moved, hired some men to "remove" the side of my tree that faces my neighbor's house. We recently had a severe wind storm and the tree in question lost a middle branch. I hired a man with experience to remove the broken branch and trim the tree. A job he has done very well. The tree is in my front yard and the men had to come into my yard to cut the tree. The did not have my permission to cut the tree and where I know that in Ohio a person has the right to cut any branches that overhang into his/her yard, they have to give notice to me before they do so (I beleive it is also my financial responsibitly to get it done). My husband and I arrived home to find a man hacking away at our tree. They are even saying they will be back to "finish the job" when we are not home. Is this criminal tresspass and malicious destruction and can I have the men arrested for coming onto and destroying my property? We are going to take the neighbor to court for damages.

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Quoting lisalisa432

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The did not have my permission to cut the tree and where I know that in Ohio a person has the right to cut any branches that overhang into his/her yard, they have to give notice to me before they do so (I beleive it is also my financial responsibitly to get it done).

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Your branches hanging over his property are basically violating his "air space".


Are you sure Ohio common law provides a notification clause??

Yes. When the neighbors "agent" got hostile when I asked his workers to get out of my tree, my husband and I called the police. The patrolpersons said that we had a civil matter and informed us that although the neighbor can cut any branches that overhang his property, he needs to provide us with a notice. They also said the it is normally the offending tree owners that have to pay for the work.