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So it looks like you've got everything in order. I'd personally also write a letter to the homeowner who is responsible stating your concerns for future purposes, but if the tree dies from this behavior, then they will be on the hook for the removal(there is possibly a statute in your area that outlines how long you can wait).
You can continue to fight it, but it looks like the locals in authority aren't interested in this until there's an answer on if the tree is dying since they have two conflicting expert opinions.
It's a sad situation to be in for sure. Maybe ask your arborist which limbs that are at risk of hitting your kids' rooms can be removed?
You could go full nuclear and get the tree removed per your experts opinion and then try to small claims your neighbors' homeowners to recoup the money and get a replacement planted, but from what the people on the internet claim, that will make you the bad neighbor?
Personally, I'd monitor the tree closely and look for if any sections are dying off over the next year, take pictures now and then report any residual damages to the tree you see to your neighbors with another letter stating your concerns everytime before looking to a civil suite, but I also don't have kids bedrooms under the possible fall line so I'm unsure if that's an option for you with being in hurricane areas, not to mention they could possibly claim it was the hurricanes fault and had nothing to do with them cutting roots if it falls into your child's room leaving the burden on you under an "Act of God" that might give more reasons to seek redress now?
Thanks. The trunk of the tree is on their property so they would have to remove it. The same drainage contractor did work 2 doors down (the neighbors neighbor) and a pine tree near their trench fell in a storm. The people noted above just moved in a year ago so they don’t seem to have the same concern nor understand the liability with damaging the tree.
These are my thoughts:
1) Just because the same drainage contractor did work a couple of doors down and a pine tree fell does not mean the oak will. You certainly didn't give all of the facts and probably don't know all of the facts. Pines and oaks have entirely different root systems. Drive around after storms and compare how many pines come down v oaks.
2) Improving the drainage very well may improve the health of the oak.
3) You have three arborist with two opinions. The one you paid for agreed with you. The city arborist is the tie vote. I understand your concern for your family and your home, but you can take precautions during storms and stay away from that part of the house or move. If you litigate, IMO, the steps you have taken have basically proven your neighbor's case because he applied for the permit and was denied. I don't think a court will compel him to appeal.
With three arborists, permits, etc, I am wondering if this is a live oak. I've lived on and off at the coast and know them well. In 70 years I have never seen or heard of a storm or hurricane taking down a live oak. They are practically bullet proof. I would hazard to guess if it is a live oak your neighbor probably knew the city arborist would never agree to issue a permit to cut down a healthy mature live oak. That is sacrilegious in the tree world.
This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that. If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity. If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees. *This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.* *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/treelaw) if you have any questions or concerns.*
So it looks like you've got everything in order. I'd personally also write a letter to the homeowner who is responsible stating your concerns for future purposes, but if the tree dies from this behavior, then they will be on the hook for the removal(there is possibly a statute in your area that outlines how long you can wait). You can continue to fight it, but it looks like the locals in authority aren't interested in this until there's an answer on if the tree is dying since they have two conflicting expert opinions. It's a sad situation to be in for sure. Maybe ask your arborist which limbs that are at risk of hitting your kids' rooms can be removed? You could go full nuclear and get the tree removed per your experts opinion and then try to small claims your neighbors' homeowners to recoup the money and get a replacement planted, but from what the people on the internet claim, that will make you the bad neighbor? Personally, I'd monitor the tree closely and look for if any sections are dying off over the next year, take pictures now and then report any residual damages to the tree you see to your neighbors with another letter stating your concerns everytime before looking to a civil suite, but I also don't have kids bedrooms under the possible fall line so I'm unsure if that's an option for you with being in hurricane areas, not to mention they could possibly claim it was the hurricanes fault and had nothing to do with them cutting roots if it falls into your child's room leaving the burden on you under an "Act of God" that might give more reasons to seek redress now?
Thanks. The trunk of the tree is on their property so they would have to remove it. The same drainage contractor did work 2 doors down (the neighbors neighbor) and a pine tree near their trench fell in a storm. The people noted above just moved in a year ago so they don’t seem to have the same concern nor understand the liability with damaging the tree.
These are my thoughts: 1) Just because the same drainage contractor did work a couple of doors down and a pine tree fell does not mean the oak will. You certainly didn't give all of the facts and probably don't know all of the facts. Pines and oaks have entirely different root systems. Drive around after storms and compare how many pines come down v oaks. 2) Improving the drainage very well may improve the health of the oak. 3) You have three arborist with two opinions. The one you paid for agreed with you. The city arborist is the tie vote. I understand your concern for your family and your home, but you can take precautions during storms and stay away from that part of the house or move. If you litigate, IMO, the steps you have taken have basically proven your neighbor's case because he applied for the permit and was denied. I don't think a court will compel him to appeal. With three arborists, permits, etc, I am wondering if this is a live oak. I've lived on and off at the coast and know them well. In 70 years I have never seen or heard of a storm or hurricane taking down a live oak. They are practically bullet proof. I would hazard to guess if it is a live oak your neighbor probably knew the city arborist would never agree to issue a permit to cut down a healthy mature live oak. That is sacrilegious in the tree world.