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FunTranscript
00:00John Stewart says neighbor Jack Clark damaged his front yard when he cut a branch off a tree.
00:07Jack is countersuing for harassment.
00:10So the fence is not the boundary of the property.
00:14When you buy a house, you have somebody come in and survey it to make sure that what the lines are.
00:19The property is never surveyed.
00:21Just a second. Then did you cut trees that were at the fence line?
00:26I cut trees that were on my side of the fence.
00:28No. Well, you can't do that.
00:30Why can't I?
00:31Because you've been put on notice from him that he put the fence in and he gave himself eight inches.
00:40And you were not to cut the trees that were in that eight inches because that was his property.
00:46I don't believe him.
00:47Well, then, just a second. I don't care whether you believe him or not.
00:52If you're a neighbor and your neighbor tells you that, then you don't go and trim the trees at the fence line.
00:59You say to him, listen, let's get the property surveyed.
01:03We'll split the cost of it because I don't believe that you would put the fence up not at the property line.
01:08So I'll go 50-50 with you and we'll have the property surveyed, which you should have done in 2014.
01:15Did you ask him for a survey that he had done?
01:18Yes.
01:19And did he show it to you?
01:20No, he began to dig in the dirt with his fingers and a spoon.
01:23He was trying to find a marker, a pen that he said was the marker for the property line, which he never found.
01:27Okay. You have something to show.
01:29Your Honor, I have the property survey here.
01:31I also have a photo of the pen in the back of the property.
01:35And there was the same pen in the front, which I showed to him, and he actually dug it up and threw it in my yard.
01:41That's not true.
01:42With the concrete that was poured around it.
01:43I got it.
01:44I want to see the trees that he cut down.
01:46Okay. I have photos of other trees that he cut down.
01:49I want to see the picture of the trees that he cut down.
01:51You say he cut down several.
01:53He's got a stupid attitude anyway.
01:55Actually, he cut one of the trees down yesterday at 12 o'clock.
01:58He's got a stupid attitude.
02:00He just did it yesterday at 12 o'clock.
02:02Me? Yeah, I'm his girlfriend.
02:03You're his girlfriend?
02:04Yes.
02:05He's got an attitude.
02:06Here's a picture from my video camera at home while we were down here yesterday of guys cutting the tree down.
02:14This is from the back of my house, and this is the tree.
02:17And it shows the time, and it shows the sequence of it being cut down.
02:20I'd like to see it, please.
02:21And it shows it down in his yard, which he did yesterday.
02:29That was the last tree left on my side of the property, on that side of the fence.
02:33That was the last of the four trees that he cut down.
02:36Whose house is this?
02:37That would be his house.
02:39Looking over the fence.
02:40You used to not be able to see the house over the fence at all.
02:43You cut all the trees down, you can see everything through there.
02:45So he cut the trees down that were on the other side of the fence.
02:49Yes.
02:50But on your property.
02:51Yes, exactly.
02:52May I see the survey, please?
02:54It's right here.
02:55Do you want the photos that have the pin mark?
02:57So what you did was you had trees planted, and in front of the trees there was a fence.
03:04But if you look at the property survey, it shows a fence.
03:08That was the existing fence.
03:09It was a wire fence, and it did not follow the property at all.
03:12And all the trees were growing just inside that fence, on my side of that fence.
03:16Well, I wanted to save those trees, so I readjusted everything on the property and with the fence and the wall,
03:21so that it was a straight line with the property eight inches in.
03:24Did you cut down these trees yesterday?
03:26Did you cause these trees to be cut down yesterday?
03:28I did.
03:29Judgment for the plaintiff in the amount of $5,000.
03:31Your counterclaim is dismissed.
03:32We're done.
03:34Parties are excused.
03:35You may step out.