"permission to trespass"

[teamtree]

Do any of you guys use a standard form when working with customers in which you need to get in the neighbor's driveway, yard, porch, etc.?

It seems like I take the word of my customer many times and then they forget to call the customer. Sometimes I like to talk to the neighbor directly so they know exactly what is happening.

Also, if the tree is over the customer's property line I like to let them know what is going on and in some cases, to prevent damage to their property, I need access to their property.

Any thoughts or suggestions???

 

[canopyboy]

I haven't been doing this for that long, but I've already had my share of run-ins with unhappy neighbors. Never thought of a form, not sure if many would sign it. I verify that if anyone is home, and if so I make sure they know what I'm doing and have permission in necessary to walk through their yard, etc. If it involves dropping wood into their yard, etc., I make sure I've talked to them about it regardless of whether they're home at the time or not. If they're hostile, I tell the customer they need to work it out with them directly or pay me more....

 

[pdqdl]

I did a billboard sight-distance vegetation clearing once...I got no signature, all was lost!

I contacted the homeowner, and got permission to use her property to gain access to the highway Right Of Way (ROW). In exchange for the use of her yard, we agreed to clear out some other underbrush and remove some weed trees, as well as cutting back some branches over her house.

I wrote up my proposal explicitly stating that we had contacted her (including her name and address), and stated exactly what we were doing. The big advertising company signed my proposal, and instructed us to proceed.

When we finished the job, the lady found out that we were working for the billboard company (I don't know who she thought we were contracting with). She was REALLY PISSED OFF to find that we had eliminated all the brush on the highway side of the fence, so she sued the advertising company for damages. She hired a scum-sucking bottom feeder lawyer that sued for the value of every tree that we had cut on her side of the fence, even including all the trees that were within the ROW property line markers staked in her yard.

1. She denied ever giving us permission to use her yard. In fact, she denied ever talking to us.
2. The Advertising company never paid me for the work: $1,780.00 gone!
3. The billboard company counter-sued my insurance company, despite the fact that I had their signature authorizing the work.
4. Several years later, my insurance company settled with the billboard company. I paid a $2,500 deductible. Poof! more money down the drain.
5. The lady settled for an un-specified amount of money, which was split between my insurance company and the billboard company. She got somewhere over over $10,000. Her original suit was for over 100,000.00.

NEVER trust the customer to contact the neighbor, and if they tell you it is ok to use their property, you had better get a note stating that it is ok.

If we had only gotten a hand scribbled note from the lady giving us permission, her lawsuit would have been without any teeth, and she would have gotten nothing. The strength of her claim was in her denial of ever giving permission. I had witnesses, and told the insurance companies to not pay the money, that I would defend the case myself in court...all to no avail.

 

[pdqdl]

We had a lawn customer this year (briefly) that warned us to not set foot over the property line.

His neighbor was a cop that was apparently the biggest jerk in existence. In addition to not mowing his own yard, he called his friends to get the neighbor (my customer) a ticket for illegal trespass. He ended up paying a $250 fine.

What heinous crime did he do to get fined? He allowed water from his hose end sprinkler to fall on the cops yard!


Bottom line: some neighbors don't get along, and you are not protected from the neighbor just because your customer says that it is ok.

 

[treemandan]

I had scribbled a note and was about to leave it stuck in the key pad of the electronic gate but they came home so I just told them what the note said. It said " we are going to be hopping over the fence to clean up the debris that falls when we do the tree next door so if you have any questions please call"
Usually I just knock or leave a note if the client doesn't get involved with the neighbors.

 

[Taxmantoo]

Bottom line: some neighbors don't get along, and you are not protected from the neighbor just because your customer says that it is ok.

Here's one for you:
My parents' neighbor rents out his field, but doesn't want the renter to park trucks on the property during harvest. Tells them to park on my parents' farm instead. They have a flat tire on a full combine, so to get it unloaded they drive it on the rim to where the trucks are trespassing on my folks' land, cutting up the road and my dad's hayfield where the semi is parked.

We called the sheriff and the road commission on them. Followed the cops to the scene and let them know it was pretty ####ing stupid to think their landlord had authority to tell them to park in our alfalfa. As for the neighbors, what kind of morons think they can rent out a field and not let the farmer bring trucks to it when harvesting? If I were the renter I would have just told them I was bringing the trucks to the corn.

 

[BC WetCoast]

We had a lawn customer this year (briefly) that warned us to not set foot over the property line.

His neighbor was a cop that was apparently the biggest jerk in existence. In addition to not mowing his own yard, he called his friends to get the neighbor (my customer) a ticket for illegal trespass. He ended up paying a $250 fine.

What heinous crime did he do to get fined? He allowed water from his hose end sprinkler to fall on the cops yard!


Bottom line: some neighbors don't get along, and you are not protected from the neighbor just because your customer says that it is ok.

Sounds like a candidate for a night time visit from the Round up gods.

 

[treemandan]

If I have to I play the " pathetic card". I make em feel sorry for us cause all the hard work we have to do to get the job done. I really ham it up if I have to and it usually works. Every once in a while I do come across some jerk who thinks we owe him big for using his property. I might do a few minutes of work for them but not much.

 

[Groundman One]

I go see the neighbour, speak with a "yes sir, no sir" professional tone, explain the job, and promise a full clean up of any mess we make. Almost never have a problem.

On the other hand, my climber will happily drop the entire tree on the neighbour's lawn, screw up his grass, and swear by God and His Angels that the neighbour won't mind at all.

Yeah... right.

Also, I go over to see the neighbour because I wear a company shirt, tucked into work pants that go over tied boots, carrying my helmet under my arm. I might not look clean, but I look orderly. My climber often comes to work looking like he's going to Led Zeppelin concert, and if they see him at the door, they'll figure he's going to ask them for money or their daughter.

 

[BlueRidgeMark]

No matter how many times I see these stories, I'm still amazed. If it's not in writing, signed and dated, it didn't happen.

I wouldn't wash somebody's CAR without signed paperwork!!!

I know, this is going to piss you all off, but here goes:


What is wrong with you people?????


:jawdrop:

 

[pdqdl]

Sounds like a candidate for a night time visit from the Round up gods.

I'm afraid that will be the tordon 22k gods. Roundup doesn't work on trees too well.

I have several barrels of the stuff.

 

[teamtree]

I did a billboard sight-distance vegetation clearing once...I got no signature, all was lost!

I contacted the homeowner, and got permission to use her property to gain access to the highway Right Of Way (ROW). In exchange for the use of her yard, we agreed to clear out some other underbrush and remove some weed trees, as well as cutting back some branches over her house.

I wrote up my proposal explicitly stating that we had contacted her (including her name and address), and stated exactly what we were doing. The big advertising company signed my proposal, and instructed us to proceed.

When we finished the job, the lady found out that we were working for the billboard company (I don't know who she thought we were contracting with). She was REALLY PISSED OFF to find that we had eliminated all the brush on the highway side of the fence, so she sued the advertising company for damages. She hired a scum-sucking bottom feeder lawyer that sued for the value of every tree that we had cut on her side of the fence, even including all the trees that were within the ROW property line markers staked in her yard.

1. She denied ever giving us permission to use her yard. In fact, she denied ever talking to us.
2. The Advertising company never paid me for the work: $1,780.00 gone!
3. The billboard company counter-sued my insurance company, despite the fact that I had their signature authorizing the work.
4. Several years later, my insurance company settled with the billboard company. I paid a $2,500 deductible. Poof! more money down the drain.
5. The lady settled for an un-specified amount of money, which was split between my insurance company and the billboard company. She got somewhere over over $10,000. Her original suit was for over 100,000.00.

NEVER trust the customer to contact the neighbor, and if they tell you it is ok to use their property, you had better get a note stating that it is ok.

If we had only gotten a hand scribbled note from the lady giving us permission, her lawsuit would have been without any teeth, and she would have gotten nothing. The strength of her claim was in her denial of ever giving permission. I had witnesses, and told the insurance companies to not pay the money, that I would defend the case myself in court...all to no avail.

Yeah...sounds like you should have gotten a contract with her, for at least $1.
I realize it is 1 in 100 or more when we have problems but sometimes you got to do the "dog and pony" stuff to protect yourself.

 

[treemandan]

I did a billboard sight-distance vegetation clearing once...I got no signature, all was lost!

I contacted the homeowner, and got permission to use her property to gain access to the highway Right Of Way (ROW). In exchange for the use of her yard, we agreed to clear out some other underbrush and remove some weed trees, as well as cutting back some branches over her house.

I wrote up my proposal explicitly stating that we had contacted her (including her name and address), and stated exactly what we were doing. The big advertising company signed my proposal, and instructed us to proceed.

When we finished the job, the lady found out that we were working for the billboard company (I don't know who she thought we were contracting with). She was REALLY PISSED OFF to find that we had eliminated all the brush on the highway side of the fence, so she sued the advertising company for damages. She hired a scum-sucking bottom feeder lawyer that sued for the value of every tree that we had cut on her side of the fence, even including all the trees that were within the ROW property line markers staked in her yard.

1. She denied ever giving us permission to use her yard. In fact, she denied ever talking to us.
2. The Advertising company never paid me for the work: $1,780.00 gone!
3. The billboard company counter-sued my insurance company, despite the fact that I had their signature authorizing the work.
4. Several years later, my insurance company settled with the billboard company. I paid a $2,500 deductible. Poof! more money down the drain.
5. The lady settled for an un-specified amount of money, which was split between my insurance company and the billboard company. She got somewhere over over $10,000. Her original suit was for over 100,000.00.

NEVER trust the customer to contact the neighbor, and if they tell you it is ok to use their property, you had better get a note stating that it is ok.

If we had only gotten a hand scribbled note from the lady giving us permission, her lawsuit would have been without any teeth, and she would have gotten nothing. The strength of her claim was in her denial of ever giving permission. I had witnesses, and told the insurance companies to not pay the money, that I would defend the case myself in court...all to no avail.

Wow PD, that just sucks!

 

[treemandan]

Today we had to zip a maple off a house. I was over in a tree by the property line climbing it to set a high anchor, it was a little involved and I was listening for the climber in the tree across the yard and for the sound of breaking deadwood over my head.
This lady runs out hysterical. She was hollering about how she didn't want her trees cut and I told her we weren't on her side. She asks me my name so I ask her her's. She asked me what comapany I was with, I said " it don't matter". She said she had a lot of work over there on her side so I better be nice, I said I wasn't interested. She said she had a baby in her arms and was wondering if she was going to get hurt standing where she was standing.
I had at first explained we weren't on her side, not going to touch her side and we were heavily involved in what we were doing. She had come out three times to " remind us" not to touch her side and I told her I would call the police if she didn't stop harrassing us. In my mind the lady was a wackjob and I told her that too.
I don't really care anymore and don't really think I ever did. #### em all.

 

[sgreanbeans]

I was taking down a large Maple for my cousin, we were using my skidloader in between the houses to get the wood out of his back yard, the old,ugly,smelly lady next door came out, freaking out, that we were gonna destroy her house! she would jump in front of the skidloader and yell "YOU CANT PASS", we called the cops, they knew the lady from several other incidents that she has been involved, they call her son, he shows up, try to settle her down, the cop is talking to her as we get back to work, all of a sudden she is trying to beat up the cop! Off to jail! We were at least 10 ft from the property line!

On another job, the neighbor of my customer payed me and my guys each a $100.00 for taking a tree down that went over his house. never entered his yard, but he was so happy to see it go that he wanted to do something nice for us! 100 bill always makes the guys happy!
It all washes out, I always contact the neighbor though.

Bid one yesterday, with the condition that the neighbor has to put away the dog!

 

[Slvrmple72]

Form that gets signed by neighbors. It is on a piece of paper that is big enough to cover my ---!

 

[masiman]

Bid one yesterday, with the condition that the neighbor has to put away the dog!

I bid one this past weekend that I should have worked that in there. The guy just moved in and does not want to confront the neighbor just yet. The neighbors dog runs loose and craps in his yard. I asked him about it and he said he didn't want to approach it yet. I said, give it a few months, you will. As we're leaving we hear the growl and running toward us. Goes right up to my buddy and circles him a little aggressively. The neighbor just says he won't bite. On the drive home we noticed we both stepped in the crap. I'm gonna call the client/friend back and tell him, he's gotta have the yard clean before we'll do it.

 

[cwayne]

Potential work

I was working at a house and one of the cuts I made blew a few chips into the neighbors yard. When I was cleaning up the neighbor was in the back yard so I casually asked him if I could rake up the mess I made. He surprised me and said yes. I bit my tongue and came over and raked maybe a handfull of chips. Then he started asking me about his trees and what needed to be done. So it turned into an opportunity.

 

[tree md]

On my very first job where I was crew chief I got in trouble for not getting permission. It was the first time I was in charge on a job and I had two pines to remove. I hung the first one out of the second one that was to come down and lowered the whole tree. I had to lay it down partially in the neighbors yard once I got some weight off it. This old woman comes out freaked and screaming.That was just about the time my boss rolled up on the job to see how I was doing. Thank God he handled the situation and got the woman calmed down. He told me I was doing a fine job but winked and told me that I need to get permission if I need to enter someone's yard.

These days whenever I see I am going to have to enter a neighbors yard my first question is "how good of terms are you on with your neighbor"?. Usually they are on good terms, I have them discuss it with the neighbor and I'll knock to verify when I do the job. If they are on poor terms we figure something else out.

If it is just a matter of raking up or picking up small limbs I would just ask for verbal permission. If it's something heavy like having to access with a bucket truck or rig from a neighbors tree or something like that it would be smart to get permission in writing.

 

[Bigus Termitius]

I did a billboard sight-distance vegetation clearing once...I got no signature, all was lost!

A candidate for a visit from the napalm gods.