Trespassing?

[Rickytree]

Got a call then an email saying about a month ago I went on this guys property and cut HIS tree down. Remember the job the lady instructed me to cut the tree and said it was her's but I had to go on the neighbours property to cut it, which I did. The tree was small and pressing into the ladys garage at the base and canopy. Guy says he has phoned the police and it was trespassing and I emailed him back and said Have agood day and I should not get anymore emails or that will be Harrassment. anyone deal with this before and what should I be expecting to be happening? Thanks for any input!

 

[beastmaster]

Assuming it wasn't his tree, and no damage was done to his property, I doubt the law is going to get involved, or that he has any basis for a civil suit. How often do we have to enter a neighbors yard to collect branches during clean up?
I have more then once been fooled or lied to by one neighbor or another about ownership of a problem tree on a property line. More so then not the neighbors have other issues going on and your in the middle of it. Either way its more a civil matter then police matter, at worse, and will blow over at best.
I think I would maybe talk to the pissed off neighbor in person. Some times they just feel violated for what ever reason and a face to face seems to calm them down some. At lest start out humble, if it goes bad you can always tell em to @#$* off.

 

[no tree to big]

The tree was small and pressing into the ladys garage at the base and canopy.

so the top and bottom were both touching the garage I assume the garage has to be atleast a foot off the property line to be kosher with the local codes most cases more then a foot so you say small tree small is say about 12" give or take so I see it as her tree.

what kinda tree was it anyway?

 

[MyTreeServices]

If it is a Property line tree, witch we have a lot in CT and belive me i when to court couple of times for that,( the neighbor war zone) the law here is as fallow the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree. If you do harm or cut the tree with out a writing agreement beetween the neighbor, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Some ornamental or landmark trees, can have an astonishing value of between $20,000 and $60,000. So use extreme caution when dealing with landmark tree.

a lot of people are out for a extra buck.

Here the link:Conflicts Involving Trees and Neighbors - FindLaw

 

[Rickytree]

I think it was a small walnut. I thought that it was on the lady's property because a structure is not suppost to be on the property line. but I have heard of this in older areas. This particular area is a bunch of small cottages turned into houses. The guys property was a mess, stuff laying around everywhere, garbage bags, scrap steel, junk. I sent back a email stating Sorry to hear about this situation. You need to talk with your neighbour regarding this matter. Then he emails me back..It was your company that did not get permission to come onto my property and cut down my tree and that is trespassing!
So you know there was a police report made on this matter this passed Saturday August 18, 2012 and your company was named in that report.

Then I email back..So I won't get anymore emails regarding this matter because that would be Harrassment...Haven't heard back..

 

[mattfr12]

When people sign with us the home owner assumes all liability of knowing that the tree is on there property. If it is not and work is performed we are alleviated from all legal action because the homeowner signs off that the tree is theres and if they knowingly have us cut a tree that is not theres and lied to us basically they will be prosecuted.

And it sticks, we have had to use it before. We basically told the local judge that we are not surveyors and if there was any question on ownership of the tree, which it states in our contract the home owner should have had there property surveyed prior to our arrival.

And then i seek legal action for court fees and basically wasting my time because this kind of stuff ticks me off to no end. neighbors fighting over hews is what.

i just bid a job where a lady wanted me to write a report about here neighbors trees being dangers and could come through her house and kill here. she was really heart broken to know that in my report i wrote the trees couldn't even come within 10 feet of her foundation if the entire thing where to uproot.

 

[rtsims]

This is one of the paragraphs in my contract which is in fine print on all of my proposals. I hope the neighbor is just upset and gets over it. There are way to many sue happy a holes in the world today. Youve gotta cover your arse.

Tree Ownership: The customer warrants that all trees, plant material and property upon which work is to be performed are either owned by him/her or that permission for the work has been obtained from the rightful owner. Customer also warrants that all applicable permits and permission has been obtained from any third party’s such as the city and/or Home Owners Association. "Company name here" is to be held harmless from all claims for damages resulting from the customer’s failure to obtain such permission. Should any tree be mistakenly identified as to ownership, the customer agrees to indemnify "company name here" from any cost of damages incurred as a result of the work performed thereon, including any and all court costs and attorney’s fees.

 

[flushcut]

opcorn:

 

[imagineero]

To quote Ten Bears;

"It's sad that governments are chiefed by the double tongues. There is iron in your words of death for all Comanche to see, and so there is iron in your words of life. No signed paper can hold the iron. It must come from men."

When doing work or entering neighbours property I always ask for permission before hand. I tell them exactly what I'm hoping to do, and I look them in the eye when they say yes. That's good enough for me.

Shaun

 

[Pelorus]

There is no satisfaction being caught in the middle of two neighbours who don't get along.
The negative vibes travel right up the tree you're working on.

 

[pdqdl]

...
When doing work or entering neighbours property I always ask for permission before hand. I tell them exactly what I'm hoping to do, and I look them in the eye when they say yes. That's good enough for me.

Shaun

I did that once. I even agreed to do some extra work on site for the privilege of using the lady's yard. We did what we said that we would do.

My insurance company ended up settling for 1/2 the damages; my customer (a billboard company) paid the other 1/2. The lady got a scum-sucking bottom feeder lawyer and sued for every 1/2" diameter brushy stem that they could count in her yard. They claimed trees outside her fence in the highway right-of-way, they claimed stems outside the property line (she had 3' tall highway right-of-way markers in her yard!), and they claimed all the weeds and vegetation that we cut down for her at her request. Surveyors were called in, forestry and consulting arborists were hired on both sides. She denied that we ever spoke to her.

I told the insurance company and the customer that they didn't need to represent me, that I would see her in court along with my witnesses and her lying written statements. They ignored my suggestions and settled out of court for somewhere around $50,000 for some buckbrush that the lady was too lazy to mow and a couple of little weed trees in a fenceline that were encroaching on her house. Absolutely NOTHING of value was cut, and no part of her property was damaged, not even the lawn.

Don't count on that "look 'em in the eye" thing working for you every time. I used too, now I get it in writing.

 

[pdqdl]

Oh, by the way: The lady did all the legal action because she found out that we were working for a billboard company, not the highway dept. It turned out to be one of those bad neighbors situations. She hated billboards, and she was pissed off that we were doing vista trimming [legitimately, under a permit] on the highway right of way.

Don't even think that your customer will protect you either. I put it in writing with my signed contract with the billboard customer exactly what we would be doing, and they pretended it wasn't there in black and white for all the lawyers to see.

 

[pdqdl]

Got a call then an email saying about a month ago I went on this guys property and cut HIS tree down. ...

Thanks for any input!

Don't even respond to accusations or questions, except to politely inform them that you have no idea what they are talking about. Put nothing in writing that acknowledges anything other than receipt of their accusations or questions.

If questioned by any authorities, deny any recollections of the event, but never tell a provable lie. Decline to answer more until they serve you a subpoena for your records. Yes. This is a blatant stalling technique. It might also prevent a scum-sucking bottom feeder lawyer from thinking there are deep pockets he can stick his greedy fingers into.

Once contacted by ANY authorities (lawyers or police), notify your insurance company, pronto. NOT before then, either. The insurance companies like to use that sort of thing to raise your rates, and they like to quickly settle claims without actually establishing any liability. Once an insurance company is aware of a claim, they contact everybody involved, and now the neighbor has located some deep pockets to send his lawyer after. If the aggrieved neighbor asks you who your insurance company is, tell him that you are just an uninsured hack, and you can't afford that crap.

To the neighbor, (in person only) defer any questions about whether you were ever there or touched the tree, unless they have photo's or other proof. Answer questions with questions! THEN they will have to get the neighbor involved, testifying that she hired YOU, not someone else. At that point, she has admitted that she hired you to do the offensive action, and she will be obliged to admit some or most of the responsibility.

This kind of action, while less than honorable in my opinion, are the sort of things that should be done when you have your buttocks hanging in the breeze, exposed to a vicious lawyer.

Good luck!

 

[OHWC]

What does the law say? In some areas if a tree is hazardous to neighbors property and the owner refuses to pay to have it removed. The neighbor can pay you to remove it and there is nothing they can do about it since it is a danger to their property. Pictures before removal are advisable. I had a situation similar to this with a dead pine on a vacant lot next to a house. HOA came out and asked me what I was doing. Then the guy stated I could not do that I was trespassing. I quoted the law and promptly told him to get out of the way or he can deal with the police. He promptly left.

 

[FanOFatherNash]

If it is a Property line tree, witch we have a lot in CT and belive me i when to court couple of times for that,( the neighbor war zone) the law here is as fallow the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree.

Here the link:Conflicts Involving Trees and Neighbors - FindLaw

Do you add property survey into your quotes ?

 

[Rickytree]

Don't even respond to accusations or questions, except to politely inform them that you have no idea what they are talking about. Put nothing in writing that acknowledges anything other than receipt of their accusations or questions.

If questioned by any authorities, deny any recollections of the event, but never tell a provable lie. Decline to answer more until they serve you a subpoena for your records. Yes. This is a blatant stalling technique. It might also prevent a scum-sucking bottom feeder lawyer from thinking there are deep pockets he can stick his greedy fingers into.

Once contacted by ANY authorities (lawyers or police), notify your insurance company, pronto. NOT before then, either. The insurance companies like to use that sort of thing to raise your rates, and they like to quickly settle claims without actually establishing any liability. Once an insurance company is aware of a claim, they contact everybody involved, and now the neighbor has located some deep pockets to send his lawyer after. If the aggrieved neighbor asks you who your insurance company is, tell him that you are just an uninsured hack, and you can't afford that crap.

To the neighbor, (in person only) defer any questions about whether you were ever there or touched the tree, unless they have photo's or other proof. Answer questions with questions! THEN they will have to get the neighbor involved, testifying that she hired YOU, not someone else. At that point, she has admitted that she hired you to do the offensive action, and she will be obliged to admit some or most of the responsibility.

This kind of action, while less than honorable in my opinion, are the sort of things that should be done when you have your buttocks hanging in the breeze, exposed to a vicious lawyer.

Good luck!

Thanks for the post and I did not admit to anything. Just said that it is something that he should discuss with his neighbour. Hope nothing comes of it cus got 2 other court cases this year. one family and one civil for the hack work done on my truck.

Cheers Beers

 

[imagineero]

Don't count on that "look 'em in the eye" thing working for you every time. I used too, now I get it in writing.

Josey Wales woulda handled it. Just sayin'.

Shaun

 

[treeseer]

agree w pdqdl and others.

You did literally trespass--knocking on the door and notifying (verbally or with a note) could have saved you all these headaches. that said, it was not malicious and there was no loss so it sounds like you're okay, this time.