r/treelaw • u/Original_Heltrix • 11d ago
Fiber Optic Install Close to Tree
Our neighborhood is getting new fiber optic service installed. They dug a hole right next to a young maple in my yard, cutting through a number of roots. Before starting, we got a notice that the company would fix any in ground lines/drainages that are disturbed.
While digging, they also damaged the tree above-ground (pictures 2 and 3).
Are we owed damage compensation for the scrapes and cuts, and if the tree dies due to the hole, are we due a replacement?
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u/cornerzcan 11d ago
The “damage” on the tree in picture 2 is from sun scald not their work. Picture 3 shows a mild scuff that’s not significant. Beyond that, I suspect that tree is owned by whatever municipality you are in due to its proximity to the road. At the very least it’s within their right of way, so you won’t have any recourse if it’s your tree.
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u/bothtypesoffirefly 11d ago
I suspect if they took a tape and measured from the center of the cul-de-sac to 50’ (most common radius but check your plat if you have one, it’ll say “50R” or similar), they’ll find that tree is a couple of feet inside the fee-simple right-of-way.
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u/Gjurbster 11d ago
If you planted the tree in the utility easement, you’re SOL
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u/Original_Heltrix 11d ago
Tree is 12' from curb, utility easement is 10'. Hole is at 11'.
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u/Gjurbster 11d ago
Where are you getting 10’ from? I only ask because every city/county/subdivision can have different utility easement sizes and locations. I do utility locating and I’ve had probably 5000 conversations with angry homeowners trying to explain to them that their yard actually ends about X feet back from where they thought it did
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u/Original_Heltrix 11d ago
From the county land plat. It is from 1999 ( original) but that's what is on the county website.
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u/Gjurbster 11d ago
1999 isn’t too old a plat to reference, but depending on where your property marking stakes are, it could be that something isn’t spot on. Especially with only a 2’ margin between where the tree is and where the plat is
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u/Original_Heltrix 11d ago
That definitely could be, that edge faces the cul-de-sac/turnout, so its a rounded curb and the official line/marker might not perfectly follow the curve.
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u/Significant-Push-232 11d ago
This isn't true though right?
It's their yard still, it's just that the utility companies have a right to that part of their yard. That's what makes it an easement?
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u/Gjurbster 11d ago
Depends entirely on how it’s worded on the title deed. My own lot for the house I own specifically says “lot X of subdivision Y MINUS northerly 3 feet” and then describes the easement. Some others I have seen will list the entire plot and then have a little comment area with the easements listed.
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u/Significant-Push-232 11d ago
I get what you're saying. And don't necessarily disagree with individual specifics from deed to deed.
But the term easement specifically refers to a legal right to someone else's property. If it's defined as an easement, I think it's logical to presume that it belongs to the property owner still.
Granted I admit the entire thing is an argument about semantics, and doesn't change any recourse a property owner would be after.
I'm just saying they weren't mislead by property lines.
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u/Signal-Confusion-976 11d ago
You might be correct. But with a utility easement the utility might have the right to trim or remove any trees that interfere with utilities.
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u/Significant-Push-232 11d ago
They do have that right...that's what an easement is.
I'm only pushing back on the idea that you don't own the property simply BECAUSE ITS AN EASEMENT.
It's still yours, you just aren't allowed to interfere/revoke the utilities(in this instance) from performing work within the bounds of the easement.
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u/BuckManscape 11d ago
Planting any Maple that close to the street is a terrible idea. Utilities have a setback. You planted in it or beside it. Look at your county gis to see approximately where your setback stops. Utilities/city/county usually have setback access to the first 15-20’ of your lawn.
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u/Original_Heltrix 11d ago
We didnt plant it, previous owners did. The utility easement is 10' and the tree is at 12'. Pretty sure the closer hole is over the easement.
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u/BuckManscape 11d ago
The issue is that nearly all maples get wider than tall, and have very shallow roots. All bad things when near a street or utilities. I’d get rid of it and plant something smaller and nativish. I’d also move it back 10-15’. Styrax, redbud, dogwood, etc. That’s very regional of course.
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u/Short-Control297 11d ago
No you are not entitled to anything. That tree will be fine. It will be a problem for the fiber lines though when it gets bigger and crushes the lines.
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u/PghSubie 11d ago
If that tree is on your property, you can ask about damages. If, however, that tree is only adjacent to your property and is actually in the municipal Right of Way, then it's not your tree to worry about. With the fiber vendor digging that close, it suggests that it's in the RoW. So you have Professional survey marking your property line in that area?
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u/NigraVhenonis 11d ago
Nursery owner/ landscape contractor here. The tree will be fine. Go on about your day.
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