Customer's Neighbors

[newsawtooth]

A loyal customer has asked me to remove a large maple in her backyard. The tree is on her property line. Some of the work to remove the tree will require us to access the tree from her neighbor's property. Removing the tree is beneficial to the neighbor and he has stated that he would like the tree removed. He won't pay for the removal because he feels the bulk of the tree is on our customer's property. We are not really concerned with his nominal contribution as our customer has agreed to our bid. The problem lies in his hesitation to allow us access to his property for fear of some sort of liability. It is apparent that he does not really understand liability and like so many he fears what he does not understand. He asked that we craft some sort of hold harmless agreement to complete the work. Our lawyer feels that someone representing him should create an agreement if he feels vulnerable. Our lawyer has said in the past "Simple things become complex when attorneys venture into the reality". Anyone else had this problem? Any solutions? Thanks for your input.

 

[TDunk]

Not to that extent no. I've had the customers nieghbors be a PITA before, but not from a liability standpoint. I've had the nieghbors being concernd about there paved driveways, there small rodadendrum bush, etc etc.

 

[tomtrees58]

thears other work walk tom trees

 

[splittah]

Not to that extent no. I've had the customers nieghbors be a PITA before, but not from a liability standpoint. I've had the nieghbors being concernd about there paved driveways, there small rodadendrum bush, etc etc.

While the neighbor may be a PITA, they have a right to be concerned for their property. After all, it is their property, they do not have to give you permission to enter it at all.
There are plenty of hacks out there that do not G.A.S and too many clowns too eager to sue them if they get hurt on their property.

not that it is tree related, but my wife called me at work one day as there was "someone bulldozing" our property! Not by 10 feet, try 60-70 feet of my property! I tracked him down and he says "well I was doing work for your neighbor". BFDeal I told him, you are tresspassing on my property, he tried laughing it off.. didn't work. I told him if I ever caught him pulling crap like that again on my property he wouldn't be laughing as the bullets ripped by his freakin head. He suddenly realized how serious I was and appologized.

It is the bad apples in the businesses that give people alot of valid reasons to be this way.

 

[TDunk]

While the neighbor may be a PITA, they have a right to be concerned for their property. After all, it is their property, they do not have to give you permission to enter it at all.
There are plenty of hacks out there that do not G.A.S and too many clowns too eager to sue them if they get hurt on their property.

not that it is tree related, but my wife called me at work one day as there was "someone bulldozing" our property! Not by 10 feet, try 60-70 feet of my property! I tracked him down and he says "well I was doing work for your neighbor". BFDeal I told him, you are tresspassing on my property, he tried laughing it off.. didn't work. I told him if I ever caught him pulling crap like that again on my property he wouldn't be laughing as the bullets ripped by his freakin head. He suddenly realized how serious I was and appologized.

It is the bad apples in the businesses that give people alot of valid reasons to be this way.

I understand 100%. If i have to ask a nieghbor for permission to either go through there property, fall a tree on there property.......... 99% of the time they are more than willing. Sometimes they ask me to get a small branch over there pool or something minor while i'm there (and most of the time they pay me for that too) I've only had one neighbor be a ROYAL PITA in the past 3 yrs. Long story short. The customer had a small (40ft.) pine tree leaning hard over the nieghbors property. The customer wanted it removed along with the neighbor, the neighbor wouldn't let me drop a branch on his property. I know he didn't have to let me onto his property, but a little lee-way would be nice.

 

[splittah]

I understand 100%. If i have to ask a nieghbor for permission to either go through there property, fall a tree on there property.......... 99% of the time they are more than willing. Sometimes they ask me to get a small branch over there pool or something minor while i'm there (and most of the time they pay me for that too) I've only had one neighbor be a ROYAL PITA in the past 3 yrs. Long story short. The customer had a small (40ft.) pine tree leaning hard over the nieghbors property. The customer wanted it removed along with the neighbor, the neighbor wouldn't let me drop a branch on his property. I know he didn't have to let me onto his property, but a little lee-way would be nice.

Yeah, sounds like they were unreasonable to say the least considering he wanted it down and it was leaning over his property.
More than likely he gave a hard time because even tho they said they wanted it down, they were probably hoping it would fall instead and mean $ for them in some kind of "damages" to their property.

 

[ASD]

We have any prop owner sine a contract if we will be on their prop in your case it would to be remove a tree / stump grind and clean up for $1.00 (most contracts are not valid if less then $1.00)

 

[TDunk]

Yeah, sounds like they were unreasonable to say the least considering he wanted it down and it was leaning over his property.
More than likely he gave a hard time because even tho they said they wanted it down, they were probably hoping it would fall instead and mean $ for them in some kind of "damages" to their property.

When the customer first called me about the tree to get an estimate, they told me right on the phone that the neighbor was a bear to deal with. They told me 5 or 6 times while i was looking at the tree too. .

 

[PTS]

I would find a way to do it that doesn't require you to do anything on the neighbors property and then charge accordingly. I personally like these kind of jobs. If they suck they always pay well.

 

[TDunk]

I would find a way to do it that doesn't require you to do anything on the neighbors property and then charge accordingly. I personally like these kind of jobs. If they suck they always pay well.

Thats' exactly what i did. I had just enough room to get my bucket truck in the H.O.'s back yard, reached over his wooden fence and under some lines. Didn't drop a thing on the neighbors property. Charged them an extra $200 for the bucket truck and they gave me a $100 tip for being able to do what i did.

 

[treeseer]

Next time, why not just have your insurance carrier deal with the guy and his homeowners insurance company. They are paid to deal with those headaches.

 

[splittah]

Next time, why not just have your insurance carrier deal with the guy and his homeowners insurance company. They are paid to deal with those headaches.

and up goes your insurance premiums when you file claims.. I think he handled it the best way, bucket/careful/tip..

 

[PTS]

and up goes your insurance premiums when you file claims.. I think he handled it the best way, bucket/careful/tip..

I don't think he means after the problem but rather before the work is even done. I am in complete agreement. Get your insurance company to start working for you. That is what you pay them for. Tell them the situation, have them call the neighbor tell them that you are covered. If that isn't enough have them get the neighbors insurance companies name and have the insurance companies talk and then the neighbors company should contact their customer to insure them that everything is covered.

Something that I do on the "questionable" projects and neighbors is I have the neighbors sign a waiver stating that they are allowing us access to their property and it states in their who will take care of the "damage to the turf" if there is any. Most of the time the customer will take care of it to save them money. If they want us to do it we will but it isn't for free.

 

[PTS]

For some of you who have been using this site for a few years you may remember a post I did about getting sued for using an easement. That is what prompted the waiver. That was a deal where it was a city easement and the city gave us permission due to the fact that the utilities were being damaged by the tree. The guy who sued us didn't like the fact that we used the easement. Just a stupid deal to have to deal with. A BS lawsuit.

 

[Sunrise Guy]

For some of you who have been using this site for a few years you may remember a post I did about getting sued for using an easement. That is what prompted the waiver. That was a deal where it was a city easement and the city gave us permission due to the fact that the utilities were being damaged by the tree. The guy who sued us didn't like the fact that we used the easement. Just a stupid deal to have to deal with. A BS lawsuit.

That goes back a ways, but I remember it. You disappeared for a while, and now you're back. Glad to see you back in here.

 

[treemandan]

thears other work walk tom trees

What's with the drawl all the sudden?

 

[treemandan]

I just hop around all excited and point to some ficticious dangerous hanging tree up there( they don't know) and explain that we are under very stressful conditions to get it down to ensure thier safety. I act real worried and pretend my phone is ringing, run around like I have too many things to do at once. I put on such a show they just say OK and go back inside where its safe. Works like a charm. DON"T EVER TELL ME I CAN'T.
I swear on my kids life this is what I do in these situations and it worked everytime. Just act like if they don't let you on thier side someone might die.
I did this yesterday actually when I bogarted my way up an old drive to notch a broken cottonwood in the backyard of one of my clients. I just drove right up and parked on the lawn.
The guy comes out to ask what i am doing- I didn't need any theatrics I just told him we were here to cut down the dead leaning tree over the powerwires and PECO sent us. He just said "OH, OK. Hey aren't you the guy who kidnapped my dog?"
I also swear I don't make any of this up. One thing I love about this work is that you don't have to. At least that dog ain't barking all night anymore and I did give it back... unharmed. You should have seen how I acted when I called him up to come get it.

 

[newsawtooth]

Thanks all for your insights. If the legit responses don't work...then acting worried and excited will have to do. Sounds like more fun than having a serious conversation with someone who wants work done but not from their property. Like George Costanza and the clipboard, no one questions you if you look busy and agitated. Maybe I should put his half of the tree on Craigslist.

 

[pdqdl]

This is so EASY !

There is a simple solution. Ask your insurance carrier to name the concerned homeowner as "an additional insured". This is a common practice, and your insurance carrier should have no problems.

No higher bills, no complications. Some carriers charge extra for doing this, but it won't affect your rates.

After he is named "an additional insured". then you are literally insuring him against any liabilities on that job.

Problem is now solved, he is protected by a written policy. If your carrier charges extra, add that cost to the bill for trimming.

 

[PTS]

There is a simple solution. Ask your insurance carrier to name the concerned homeowner as "an additional insured". This is a common practice, and your insurance carrier should have no problems.

No higher bills, no complications. Some carriers charge extra for doing this, but it won't affect your rates.

After he is named "an additional insured". then you are literally insuring him against any liabilities on that job.

Problem is now solved, he is protected by a written policy. If your carrier charges extra, add that cost to the bill for trimming.

for me additional insured means more money every time. Not a bunch but some.