Property Line Trees...Who would have thought a neighbor would do this?

[Im4Eggcellence]

Quote:
I think there is a certain subset of people who's general approach to life is "It's better to ask for forgiveness after the fact than permission before hand". The depressing thing is that it often works...

As far as sueing the tree company - my understanding is that generally they have indemnity as long as they are working under a contract and the contracting party asserts that they have control over the trees in question. Otherwise a survey would be required before any tree company would touch a tree.

But yeah, if it were my tree, I'd get a aborist out there, assess the damage, and present those guys with a demand request for damages. Many states allow punitive damages for intentional destruction of someone's trees as well. Here its 3X the damage!!

. Might be something else to consider. But I bet at this point, they'll claim they were unaware the tree wasn't theirs. Really depends on the state - tree law is pretty variable.

 

[greenfamilyfarms]

I would have been upset, too, but maybe this is a sign to get them to replace the old tree with a nice, healthy one.

Send them a bill for it.

 

[B. Saffles Farms]

If the tree was on thier property then nothing you can do about it. I cut timber for a living. When you start selecting trees to cut while leaving others, sometimes, it not possible to do without damaging a certain tree, or taking a tree you wanted to leave, so you can remove the other ones. If the tree was on the property line, then it belongs to both of you, and a mutual agreement is required that is agreed on by both parties. If the tree was on your property (Im assuming it wasnt) but if it was you have all kinds of legal rights.

 

[Im4Eggcellence]

4hooves&featheredfriends :

All was agreed to - three pines would be taken down and then they asked about a large locust that my husband and I adore. It is old and has some dying branches - but it blossoms every year and provides shad for our dog run. Over the last weeks, we discussed this 3 more times always stating that the locust stays - they agreed.

Gee, I really do love legal analysis... always interesting nuances to consider (actually studied if for awhile). Anyway, Upon further reflection, seems to me that one could argue that they had a binding contract here - even if the locust wasn't on their property!! Seems to me the exchange of benefits are there. One side gets permission to cut line trees in exchange for assuring the retention of a specific tree. It could be argued that permission to cut the line trees (if they are indeed line trees) wouldn't have been granted without this promised benefit. Thus a verbal contract existed.

Of course I'm no lawyer.... but food for thought and something to consider.​

 

[4hooves&featheredfriends]

Thanks for all of your comments regarding this.

Just to clarify the trees discussed to remove (1) pine on the property line and (2) pines on the neighbors property- so the latter wasn't really even our business. It was nice they consulted us.

As I understand it, without getting a surveyor out, the tree in question was on the property line and actually more so on our property than theirs. The tree is over 100 years and where we are locusts are not that common.

The value of the tree was not so much in question, it was more the basis of the relationship of two neighbors. They specifically knew that we wanted to keep the tree, had agreed to that and then once the project was underway inquired to how much the cost was to remove that tree (the locust). Telling the young service man that it was on their property - which is not so true.

Again we could have paid $700 to have a surveyor come out, but we chose to do it as "neighbors" with a "hand shake" like the old business people.

Yes, I felt really disregarded, angry and hurt but I also realize that forgiveness is part of our Christian path. The fence will mend....

 

[B. Saffles Farms]

The business done on a handshake, sad to say is a thing of the past. No one thinks a handshake means anything anymore.

 

[4hooves&featheredfriends]

Yeah guess I am old-fashioned.

 

[B. Saffles Farms]

4hooves&featheredfriends :

Yeah guess I am old-fashioned.

Me too, and it gets under my skin everything has to be so darn complicated now days. I liked it better when a persons word meant something.​

 

[PQ]

4hooves&featheredfriends :

Thanks for all of your comments regarding this.

Just to clarify the trees discussed to remove (1) pine on the property line and (2) pines on the neighbors property- so the latter wasn't really even our business. It was nice they consulted us.

As I understand it, without getting a surveyor out, the tree in question was on the property line and actually more so on our property than theirs. The tree is over 100 years and where we are locusts are not that common.

The value of the tree was not so much in question, it was more the basis of the relationship of two neighbors. They specifically knew that we wanted to keep the tree, had agreed to that and then once the project was underway inquired to how much the cost was to remove that tree (the locust). Telling the young service man that it was on their property - which is not so true.

Again we could have paid $700 to have a surveyor come out, but we chose to do it as "neighbors" with a "hand shake" like the old business people.

Yes, I felt really disregarded, angry and hurt but I also realize that forgiveness is part of our Christian path. The fence will mend....

Oh what a wonderful way to view it good for you for taking the Christain path if we could all live this way and be so forgiving what a wonderful world we would live in. Kudos to you!​

 

[B. Saffles Farms]

Line up 100 people and you will be lucky to find, 1 out of that 100 that his hand shake means something other than just shaking hands. Im not here to debate it about every individual persons handshake. It was just a general statement. Watch and see 10 to 20 more years down the road no you will be lucky if 2 or 3 % of people know what a handshake means.