My question involves real estate located in the State of: Ohio
Same neighbor as my prior thread.
Neighbor and we (wife and I) each own lake front lots with a common property line about 180 feet long between roadway and the water's edge. At the back corner of our lot we have a large sugar maple that is about 5 feet from where we all believe the property line is and about 8 feet from the water's edge. There are some indications of a historic property line, a broken line of hedges, but there are no pins or survey makers present. Neighbor had a survey done this spring but intentionally didn't mark the common line.
A large branch on that tree, maybe 35 feet long and 14 inches in diameter, that headed off toward the neighbor's property AND also toward the water was cut the other day. Neighbor cut this branch without marking the property line or talking to us. Based on where we believe the property line to be IF this branch crossed the corner of the neighbor's lot it would have only been part way over the property line before it crossed over the lake (a lake wholly owned by a park district). Picture a branch crossing over the back corner of his lot at about a 60 degree angle and at worst encroaching the neighbor's lot the volume of a five gallon bucket. I did talk to the park authorities and they did not grant permission to the neighbor to trim the branch on their behalf (95% of the part of the branch taken was overhanging the lake).
He claims it was dead and/or rotted and he was doing me a favor. The butt end of his cut says otherwise, it was a healthy branch. Photos less than a month ago show it was healthy from one end to the other. He took the wood away so we cannot evaluate its condition now. Overall the tree is old, 65 to 80 years old, but it is healthy with many years left.
It appears to us that he simply want the branch gone to improve his view of the lake.
Wife and I are debating our next move. Police? Sue? Survey? Move on?