Threatened by the client's neighbor

[pistol pete]

Last week we did a large job for a gentleman which included removing 3 pines ranging from 60 to 90 feet tall, all on top of one another. One of the pines was suspended a property line about 30 feet in the air. The tree was help up partly by a tree in the neighbor’s yard, and partly due to the other two pines underneath it. After 2 hours of cutting and removing large sections with a skid steer, the tree started to come down slowly. It was at this time I got a visit from the disgruntled neighbor who was claiming I was destroying his prize winning bushes and his television cable drop. After I followed him over to observe the damage, I discovered the tree I was bringing down was falling in between his already hurricane damaged bushes. I told the man I would attempt to drag the tree off of his property, but I was not being paid to do the work on his property. Well to make good on my offer I tied a chain on the tree and attempted to pull the tree on to my client’s property. The problem I ran into was the cable line the man was so worried about was entangled in the top of the tree on his property. Looking at a good hour of unpaid labor to piece out and tie off every log to keep it off his bushes, I decided to simply cut the tree at the property line and rest the cut end on the neighbors fence while the top rested a good seven feet onto his property leaving the bushes un-crushed. There were several other limbs crossing the property line and I went along the fence, cut them off, and finished the job.
Here is where I need some advice. A few days after the completion of the job I get a call from the neighbor ordering me to get the tree I dropped off his property. I kindly explained to the man the situation I just outlined in the previous paragraph. The man still demanded I remove the tree from his property. He went on to say that he had already paid a tree service to cut the trees at the property line and it was my job to remove what was now on his property. I then asked him whose tree was the tree I allegedly lowered onto his property resting on before I arrived to do the work. The man explained it was his tree and admitted that the men he hired hadn't removed all of the limbs from the line, and then demanded an answer to removing the tree. I told the man it would cost me 500.00-1500.00 in lost work, it was not my responsibility, and no I was not going to remove it. He then threatened to start the process of causing me as much trouble as he could, by starting with the better business bureau and working his way down from there until he got results. My question for whoever took the time to get through the novel, where do I stand legally, did I do anything unethical, and what is my next course of action?
Threatened by the client's neighbor

 

[treeseer]

The BBB is a bogus threat by my experience. It's not clear from your description where the trees were before you started work. If you entered or dropped stuff into his yard without his ok, that's a problem known as trespassing and you want to fix it before he calls the law. If you didn't, maybe not.

 

[Tom Dunlap]

After your saddle and saw the best tool anyone can have is a digital camera. The one that I have can record three minute clips of video and audio in a pretty decent quality. You can never have too much information when you're dealing with a neighbor. Even if they start out sounding reasonable and easy to get along with.

I've gotten into situations like that and learned to get a bid form, write up the work to be done, in the price box write in large letters NO CHARGE and give them a copy. Keeps things square and lets chislers know that you're up to no BS from them. It shows that you're in charge.

I'd call his bluff, but...document everything. Go back out tomorrow and get pictures of the setup. I agree w/Guy, the BBB is a joke. If it ever does become a complaint you have the opportunity to respond to his jaw clacking.

 

[jamie]

ive always been told that digital will not stand up, film cant be tinkered with as easily

jamie

 

[kf_tree]

if his tree was being held up by your customer's and fell over as you removed it then i say screw him.............but, did it do any "real" damage when it came over? why didn't you realize this possibility when the job was estimated or as while the work was being performed. if you did not think it was a possibility that the tree would go over, then how do you judge if a tree is safe to climb. if you would have seen this in advance then you could have spoken with the nieghbor and picked up a second job while you were there.

so the finger can be pointed at you a bit. have i rigged dead or storm tree's tree's back on to nieghbors property and left them before? yes, i have but knowingly . so if you did not see it coming then you were dam lucky. would i worry about him causeing you any grief? absolutely not. if your doing hurricane damage then i'm sure the powers that be are getting 1000's of complaints just like yours. they'll never follow up on them all.

the next time he calls just tell him you'll be glad to clean his yard just as soon as you finsh up with all the storm work. which should be in about 6 months.

 

[stehansen]

I probably would have done whatever the neighbor wanted and went home a hour later and a little more tired, but I wouldn't have to sweat the guy raising a stink.

 

[begleytree]

I probably would have done whatever the neighbor wanted and went home a hour later and a little more tired, but I wouldn't have to sweat the guy raising a stink.

On normal day to day work in your own town, I'd agree. I also think its a different ballgame out of town on storm cleanup. Word will quickly get around that you do extra work for free if someone complains.

I also agree with the previous post that asked why the problem wasn't noticed during the bid. A few extra minutes looking around may well have saved this grief to begin with.
-Ralph

 

[okietreedude1]

The way I read it is you cut customers tree and left it on neighbors property. If thats the case, you were paid by the customer to clean up your mess, regardless of where it landed. If I put debris in a neighbors yard, is it the neighbors responsibility to clean it up.... NO, its mine.

My sugestion is to call on (visit) the neighbor, clean up ONLY your mess, and move on. By showing up unanounced, you dont give him the opportunity to add to the pile.

As for the bushes, storm damaged or not, it too is your responsibility to NOT tear them up more than they already were.

If it were your property and bushes, what would YOU expect?

 

[stehansen]

It sounds like you did everythng right to me. Some people just can't be pleased.

 

[notahacker]

Your reputation reflects your name (and visa versa). How valuable is your name? How can this one man effect your business and your livelyhood? Is he worth the battle to protect your name?

 

[pistol pete]

Reply David

David
Im sorry if I was not clear enough, the log that was cut at the property line was always on his property it was just suspended and unreachable. I did no damage to his bushes he was just warning me not to. It is my understanding of the liability laws, that the homeowner is only responsible for the portion on his property no matter who owned the tree. My question is, am responsible for the portion I lowered because it wasnt sitting on the ground when I arrived. By the way, the only reason I didn't happily go over and remove what I lowered onto his property is due to the fact he was being an ass about it. Oh and I love the butterfly you sold me.

 

[pistol pete]

Reply KF tree

Kf Tree
My clients tree was being held up by his tree. I would estimate the tree in question was at on point standing 50 feet from the property line before it fell. I have attached a rough sketch of the situation.

 

[Kneejerk Bombas]

Kf Tree
My clients tree was being held up by his tree. I would estimate the tree in question was at on point standing 50 feet from the property line before it fell. I have attached a rough sketch of the situation.

Imagine if you will, you were removing a tree and a few of the limbs reached over to the neighbors side. Would you cut off those limbs and throw them on the neighbors lawn?

My guess is you are responsible to clean the whole mess up, but would need the neighbors permission to enter his property to work. It would have been smart to get a signed contract from both neighbors before starting the work. The fact is, that you could not do the work and somehow leave the top floating over the neighbors side, it had to go (or at least come down). So it is considered part of the job.

When working property lines, always personally talk to the neighbor and get a contract signed if possible, even if it just says you'll be working in their yard at no charge.

I find that if a neighbor is trying to get free work done, it helps to let them know that you will be billing your customer for the extra work. That usually helps guilt them out of trying to get the freebies.

 

[begleytree]

Boestree's question is now a seperate thread, entitled sprinkler system damage
-Ralph