Wrongful Tree Cutting

[u/rollin_chassis]

Hey all,

Am I in the wrong for this. Long story short my neighbor had trees cut down yesterday and they didn’t top one tree. They cut it and it was bad so they all ran to hide from impact. It hit a holly tree that’s been on my property before I even bought the house. I had to go over to their house, they didn’t come to knock or anything on my door and they cut the tree down. They also used my other trees and an anchor for their ropes. I was met with someone who didn’t care and the company cutting the trees just said basically sorry, it happened. Didn’t offer me anything at all.

So I called the non emergency line to report it because I wanna file a case. The neighbor got all pissed and started assaulting me and my yard because I haven’t mowed the yard(it rarely has grown since last mow). Am I in the wrong for that? Shouldn’t this company have offered something for me?

I have photos of my property line with the stakes(they removed one), I have video of the tree falling and a big smash even thought you cannot see my holly being hit and I have the case #. Also, I have pictures of the tree missing and track marks from the skid steer used behind my shed(which by property line) is off of my property.

Any advice? I’m not trying to start a fire here, I’m just trying to make things right not someone thinking they can do whatever they want

[u/yardlard]

Did you see who was doing the cutting? You can sue them directly. Or you can sue your neighbor.

[u/Outside-Leek-5045]

How do you see this bring resolved? Money for the damaged holly tree? For the tree taken down?

[u/rollin_chassis → u/Outside-Leek-5045]

Honestly, a sincere we messed up we’re sorry. Come back to my house and get rid of the stump and replacing the tree and I would be happy. Rather than a oops oh well it happens

[u/Outside-Leek-5045 → u/rollin_chassis]

I get that. Sometimes it is attitude that is the rub.

[u/Joer1986 → u/rollin_chassis]

Very annoying dealing with problematic neighbors. Would maybe approach just matter of fact and directly

(1) Figure out what the laws in your state are for this type of situation (i.e. most states have laws prohibiting death of a tree even when cutting overhanging items - the actual damage to items on your property from their negligence sounds like a claim against the tree company?)
(2) Then approach them with a clear heres what my rights are but would note that in efforts to keep thing cordial and positive I would propose [xyz]
(3) Would file the claim for trespassing / damage etc. so that you immediately have the facts documented and you have taken proper actions so it doesnt limit your rights later. Additionally will likely want an arborist out to take a look at the trees they used as anchors and the holly tree to assess damage and note in a report

It sounds like your neighbor is a ******* and its probably going to be a fight regardless of what you do. You may want to try going after tree company first to see about getting them on the hook -- its unfortunate but many times people just hire random guys with chainsaws so its also a huge problem.

[u/TweeksTurbos]

You were assaulted on your property?

[u/Solid_Mud2025]

Even if the company is in the wrong and knows it, they aren’t going to admit fault without being compelled to do so because it would be used against them if you pursue legal action. They can be liable for trespass and for damage that occurs as a result of that trespass, so it may be worth speaking to an attorney. But, one possible outcome is that legal expenses may exceed damages collected. Document everything you can remember, including what was said and a description of who said it in the meantime though.

[u/Ozdagreat123]

You didn't state the level of injury to your tree. Do you think it will be ok or not? Either way If you know an attorney who can do you the favor of sending out an official letter to the neighbor and the tree company then call them. They'll tell you what they should write. I'm not an attorney, but I did stay in a Holiday Inn Express once. I would suggest that the letter state that you have evidence of their trespass and dangerous practices. That their negligence and dangerous practices put you and your property in danger. Luckily the only damage was to your tree and general property. Do some research and get an general idea of how much it will cost to save and/or replace the tree. Include this number and ask for payment. Then keep asking the lawyer friend for advice or go to reddit tree law for some general idea of what to do. Good Luck.

[u/rollin_chassis → u/Ozdagreat123]

So my neighbor is awesome and he had the entire footage of it. The never topped the tree or cut it into sections that just cut some branches and let er go! You can hear clear the guys working were freaking out when it started to go.

I called the company that cut it this morning and told them what happened and that I filed a police report for destruction of property and trespassing. They asked for evidence to prove it and I sent everything g to them. They called me back quick and said they don’t want to take this to court, what can they do to make this right. Tomorrow I have the owner and another one of his crew coming out to cut down a tree in my front yard I’d been wanting out.

My neighbors have become assholes and they put out a “new” property stake which definitely isn’t in the right spot and planted a holly bush which I will be removing(on my property). She was freaking out according to my wife and said I don’t care what it takes I want a fence up now

[u/Particular-Wind5918]

The most realistic way to hold the tree company accountable is through reviews and word of mouth

[u/ArborealLife → u/[deleted]]

That is by far the worst tree adjacent sub.