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Old 02-14-2003, 12:02 AM
jmjs
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Tree company trespassed & "dropped" tree in our yard


What is the name of your state? Maryland

Please help. This past August (2002), our neighbors asked our permission to allow a tree company to cut down one of their pine trees (approx. 50 ft. tall) and let in fall in our yard. We live on a culdesac and the houses are very close together. We politely told them "no" since we were trying to get our lawn established. We had just prepped and seeded our lawn in May 2002 (we moved into our new construction home in March 2002).

September 10, 2002, WITHOUT OUR KNOWLEDGE OR PERMISSION, the tree company drove across our lawn with a bucket truck and other large trucks, cut the neighbor's 50 ft. tree down, letting it fall on our property, sawed it up in pieces on our lawn, and hauled it away by driving back across our lawn. We were furious. When we confronted the owner of the tree company, he told us, "The neighbors said it was OK with you. I would never come across someone else's yard without permission." I took some pictures and video. We also have witnesses.

In an effort to make it up to us, he agreed to come back this winter and trim the dead branches from our pines trees (about 20 trees). He had given us a prior estimate (March/April 2002) of $300 to do the job. On Sept. 10, he asked me, "What price did I give you to trim your trees?" I told him $300. He said "I'll take care of it for you at no charge but just don't tell the neighbors I said that. Also wait until winter to call me becaue the ground has to be really hard or else we could damage your lawn." (Hmm. Why didn't he think of that when he trespassed!)


I did as he said and waited till winter to call him, but guess what? He doesn't remember that deal and said he didn't sign anything and doesn't do any work for free. Said if we had any problem, we need to take it up with our neighbors--not him. After a heated telephone debate, he hung up on me.

The only reason we didn't pursue the tresspassing/tree falling was because of our "deal." Is there anything we can do now? Are the neighbors just a third party to all of this? Thanks so much.
  #2  
Old 02-14-2003, 12:33 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Tree company trespassed & "dropped" tree in our yard


[quote]Originally posted by jmjs
[b]What is the name of your state? Maryland

Please help. This past August (2002), our neighbors asked our permission to allow a tree company to cut down one of their pine trees (approx. 50 ft. tall) and let in fall in our yard. We live on a culdesac and the houses are very close together. We politely told them "no" since we were trying to get our lawn established. We had just prepped and seeded our lawn in May 2002 (we moved into our new construction home in March 2002).

September 10, 2002, WITHOUT OUR KNOWLEDGE OR PERMISSION, the tree company drove across our lawn with a bucket truck and other large trucks, cut the neighbor's 50 ft. tree down, letting it fall on our property, sawed it up in pieces on our lawn, and hauled it away by driving back across our lawn. We were furious. When we confronted the owner of the tree company, he told us, "The neighbors said it was OK with you. I would never come across someone else's yard without permission." I took some pictures and video. We also have witnesses.

In an effort to make it up to us, he agreed to come back this winter and trim the dead branches from our pines trees (about 20 trees). He had given us a prior estimate (March/April 2002) of $300 to do the job. On Sept. 10, he asked me, "What price did I give you to trim your trees?" I told him $300. He said "I'll take care of it for you at no charge but just don't tell the neighbors I said that. Also wait until winter to call me becaue the ground has to be really hard or else we could damage your lawn." (Hmm. Why didn't he think of that when he trespassed!)


I did as he said and waited till winter to call him, but guess what? He doesn't remember that deal and said he didn't sign anything and doesn't do any work for free. Said if we had any problem, we need to take it up with our neighbors--not him. After a heated telephone debate, he hung up on me.

The only reason we didn't pursue the tresspassing/tree falling was because of our "deal." Is there anything we can do now? Are the neighbors just a third party to all of this? Thanks so much.

**A: Yes, the neighbors are not involved in the deal between you and the tree guys. Next time call the police and sue neighbors for damages in small claims court. You can still sue the neighbors.
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