# Who's liable



## [email protected] (Jan 23, 2018)

Hi all,
Just clearing up some more off-season questions!
I'm sure we've all had people claim a tree was there's when it was bordering a neighbouring property where we wondered, "are they sure"? I have once had this happen where it was actually the neighbours tree, thankfully we hadn't done any heavy trimming yet, we'd basically just started.
I'm curious if anyone knows who gets hit with a lawsuit if you cut down a neighbours tree without their consent? Is it the homeowner who paid you "the contractor" to cut it down or trim it under their assurance the tree was there's? Or you the contractor, who didn't do your due diligence in finding out who the tree really belonged to?
Usually if the trees questionable I knock on the neighbours door anyway and sort it out, but I'm still curious as to who's liable!
Thanks
Ryan
May vary by area, I'm in ontario, Canada.


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## lone wolf (Jan 23, 2018)

[email protected] said:


> Hi all,
> Just clearing up some more off-season questions!
> I'm sure we've all had people claim a tree was there's when it was bordering a neighbouring property where we wondered, "are they sure"? I have once had this happen where it was actually the neighbours tree, thankfully we hadn't done any heavy trimming yet, we'd basically just started.
> I'm curious if anyone knows who gets hit with a lawsuit if you cut down a neighbours tree without their consent? Is it the homeowner who paid you "the contractor" to cut it down or trim it under their assurance the tree was there's? Or you the contractor, who didn't do your due diligence in finding out who the tree really belonged to?
> ...


I don't know the law there but my defense would be the home owner said it was OK he owned the tree. He would be sued first if he admitted he had it cut down.


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## Del_ (Jan 23, 2018)

The tree company is going to be held responsible.


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## blades (Jan 23, 2018)

it is one of those gray areas- tree on property line, tree service almost always gets short end of stick- need to have all parties in agreement in writing on what is to be done prior to any work being done.


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## jefflovstrom (Jan 23, 2018)

The one with the deepest pockets, usually the tree company, but you are in Canada,so?
Jeff


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## ATH (Jan 23, 2018)

Yeah...who knows how that is handled in Canada.

My contracts have a line stating the client owns and/or has full authority to manage the trees in question. If we cut a neighbor's tree, I assume we'd be responsible and handle the neighbor as tenderly as possible. Then I'd be suing the client - and I'm assuming have a pretty lock solid case with the contract on which they lied... Hopefully never have to find out!!!


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## jefflovstrom (Jan 23, 2018)

ATH said:


> Yeah...who knows how that is handled in Canada.
> 
> My contracts have a line stating the client owns and/or has full authority to manage the trees in question. If we cut a neighbor's tree, I assume we'd be responsible and handle the neighbor as tenderly as possible. Then I'd be suing the client - and I'm assuming have a pretty lock solid case with the contract on which they lied... Hopefully never have to find out!!!



Yup, CYA, 
Jeff


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## [email protected] (Jan 29, 2018)

Fair enough, thank you all for your valuable input. I'm assuming it's as gray an area in Canada as the US and just try to be extremely careful with and vigilant with the issue, hopefully it never comes up and turns into a lawsuit!


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## jefflovstrom (Jan 31, 2018)

If I lived in Canada and my tree canopy spreads into your yard or property, OK, then you send a 'Letter of Intent',,
Otherwise , I will would sue,, 
Jeff


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## [email protected] (Feb 1, 2018)

Funny thing is we have a city arborist who's told me the rule is ground to sky you can cut what's over your property.... 
I've always involved neighbours whenever this was the case and they seem to be fine with it for the most part, if they're not I don't do it (let someone else handle the neighbour drama). Called bylaw to find out no such bylaw exists.
Thanks for the help everyone!


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## ATH (Feb 1, 2018)

Clearing overhanging branches is a different story than removing a tree... My understanding in Ohio is that pruning over property line to the point that it is not significantly detrimental to the tree is allowed. Most often we still need access to the other side to make good pruning cuts. Like you...if there is drama, I'll let somebody else handle it.


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## [email protected] (Feb 1, 2018)

That's right, in most cases I find because it's branches overhanging a neighbours yard you've got to get access to the tree, which requires you to actually end up accessing the neighbours tree from their yard. Not to mention the gray area of saw dust or some fallen branches, but not having permission to enter the other persons property, lol to much for me to worry about!


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## Luckysaturn (Feb 5, 2018)

I'm doing a rather large yard clean up right now. Basically going from thick woods to just a few large established trees a hand full of small ones then laying down sod. The home owner is being nice and wants to prune back his Bradford's from the neighbors gutters and remove a few small ones that are right on the property line. I intend to give a friendly knock on neighbors door before I begin just to avoid issues. I do like that contract clause ... I'm gonna start adding that to mine!


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## ATH (Feb 5, 2018)

I haven't yet had somebody complain about the neighbor who owns a tree wanting to pay to prune it away from their neighbor's house... Plenty of folks wanting to be a good neighbor and do that...I'm sure somebody will complain about it at some point though!


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## Luckysaturn (Feb 5, 2018)

I agree but I still play it safe!


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## PFirebird (Feb 6, 2018)

You may be asking the wrong question. It's not 'who gets hit with the lawsuit' because (in the states anyway) someone can file a lawsuit in court for just about any reason. Then the court goes about deciding if the case has any merit.
The question is 'who is legally responsible' for cutting down the wrong tree. 
I'm no lawyer so I have one that I occasionally ask questions like this to.


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## lone wolf (Feb 12, 2018)

patolmbrjck said:


> You may be asking the wrong question. It's not 'who gets hit with the lawsuit' because (in the states anyway) someone can file a lawsuit in court for just about any reason. Then the court goes about deciding if the case has any merit.
> The question is 'who is legally responsible' for cutting down the wrong tree.
> I'm no lawyer so I have one that I occasionally ask questions like this to.


The home owner for sure and they could sue the company that cut it also! Who wins in court is anyone's guess. If the home owner told the tree company it was on his property it pretty much falls on the home owner if you can prove that. If the home owner says he didnt tell you to cut it and you have no written proof and his word against yours watch out.


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## Jed1124 (Feb 12, 2018)

ATH said:


> My contracts have a line stating the client owns and/or has full authority to manage the trees in question. If we cut a neighbor's tree, I assume we'd be responsible and handle the neighbor as tenderly as possible. Then I'd be suing the client - and I'm assuming have a pretty lock solid case with the contract on which they lied... Hopefully never have to find out!!!



Same here. Terms of the contract should always state ownership of the tree.


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## ropensaddle (Feb 14, 2018)

Just say no -habla and look confused works for me


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## Luckysaturn (Feb 16, 2018)

Well I knocked the door home owner has happy to get free work on his side. I offered to flush a small stump for free. Once I was finished he came out and thanked me. After that asked for and approved a bid for thining a bradford


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## CacaoBoy (Mar 23, 2018)

It is fairly easy to answer the question -- who would be sued, the tree company or the person who hired the work. They both would be named defendants in the lawsuit. In the course of discovery, it might become clear that only one or the other, or perhaps neither, was actually liable. If the parties do not reach a settlement, in the end liability may be determined by a judge, jury, or arbitrator. 

One should have a contract including a clause that requires the person who hires the work to protect, defend, and indemnify the tree company in the event of a claim for cutting the tree, and should describe with particularity the tree to be cut to ensure the property owner does not later say it was a different tree that was to be cut. The language used in the contract should be drafted by an attorney since the law and court practices may vary from place to place.


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## [email protected] (Mar 25, 2018)

Great response!
Thank you!


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