Home Owners beware

[NYCHA FORESTER]

Long Island, NY (05/03/05) NISSEQUOGUE - A Nissequogue man was arrested Tuesday for allegedly hiring a company to cut down his neighbor’s trees.

Jack Radgowski was charged with criminal mischief and may face further charges involving village ordinances. Prosecutors say the potential environmental damage to a bluff that’s threatened by the loss of tress lead to the filing of criminal charges. Radgowski’s attorney claims he never told the company to cut down his neighbor’s trees.

Mark Hyland says the trees on his property were cut down without his permission while he was on vacation in January. Hyland adds that the trees left standing will eventually die because of the way they were trimmed.

 

[vharrison2]

Signed contracts are a good idea. We verify who owns the trees and get their signature. You won't believe this, had a guy wanting to trim his neighbors mangrove fringe ( not all that unusual for a neighbor to pay for another neighbor ). The trimming required a Department of Environmental Protection permit. The owner has to sign the permit, so the neighbor took care of that. Yeah, we went to do the job and ran into a situation that made the arborist unsettled about doing the job, so he backed away. Turns out the neighbor forged the owners name on a federal permit. We had to alert the DEP; it was just a while ago so I don't know what will happen to the neighbor.

 

[Yellowdog]

trimming mangroves? What a life! I miss the keys. I grew up in Ft. Lauderdale but now live in hot, dusty Texas where we cut big, dead oak trees that dull your saw in 5 minutes!

 

[treeseer]

Contractors Beware

Long Island, NY (05/03/05) NISSEQUOGUE - A Nissequogue man was arrested Tuesday for allegedly hiring a company to cut down his neighbor’s trees.

The company may also be liable. Ignorance, or being misinformed, about property lines is no excuse. I've been involved in several cases where a contractor and/or their insurer have had to pay 5-figure settlements because they cut the wrong trees, or pruned them in a way that permanently damaged them.

I feel bad for them, but still have no qualms about writing reports for the plaintiff that document the value of the trees and the performance standards of the work.

 

[NeTree]

I don't know of one company who asks to see the deed of the property they're bidding on. Do ya go to the town hall and check the maps? For that matter, do you ask for picture ID?

I'm not a surveyor. If the person says they own it, I take their word for it unless I can see evidence to the contrary.

 

[vharrison2]

Now you do! Down here, any removal with 6' dbh or higher requires a permit with an RE number, however we can get that and the maps on line. Occasionally we do require a deed if the house was recently purchased. No picture ID so far!! CYA

 

[treeseer]

If the person says they own it, I take their word for it unless I can see evidence to the contrary.

That evidence is often highly visible; stakes, ribbons, fences, iron pipes. If there's any reason to suspect that you the contractor are about to trespass and cut someone else's trees it makes a world of sense to make an effort to see whose land you're on.

It's all part of CYA.

In a current trespass case, Mr. M hired Mr. S to cut some trees for his view. Mr. S was sick (so the story goes ) so he subbed the job to Mr.Q., who proceeded to rape over 100,000 square feet of a pristine ravine. Mature beeches, hemlock, blueberry etc. felled on top of rare wildflowers and into a creek.

The landowner was not amused. All 3 parties and their insurers are likely to be defendants. The treecutters can all day long that they were misinformed, but no matter. They are liable, and liable to lose.

 

[vharrison2]

Cya

 

[Stumper]

Guy et al may be correct about the need for CYA but I submit to all that this is very wrong. The courts, by awarding judgements against everyone in sight are undermining the fabric of society. I should be able to believe people when the contract work on what they claim as their property or property which they are authorised to make decisions about. If they lie then all sorts of wrath should fall on their heads but not on the people they dupe who were performing otherwise lawful activities. By punishing people acting in good faith we destroy good faith and drive up monetary costs for everyone.

 

[treeseer]

By punishing people acting in good faith we destroy good faith and drive up monetary costs for everyone.

I agree with you here, but good faith is hard ot determine sometimes. In another case a 90 year old pine was 2' over a lot line; survey stake with ribbon in clear sight. Contractor's ins co settled on that one too, sharing the joy with the guy who hired them. I use this disclaimer; not a guarantee of protection, but 1-3 is a firewall of sorts for property issues:

ASSUMPTIONS AND LIMITING CONDITIONS

1. Any legal description provided to the consultant/appraiser is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management.

2. It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations.

3. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant/appraiser can neither guarantee nor be responsible for the accuracy of information provided by others.


10. Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future.

 

[NeTree]

That evidence is often highly visible; stakes, ribbons, fences, iron pipes. If there's any reason to suspect that you the contractor are about to trespass and cut someone else's trees it makes a world of sense to make an effort to see whose land you're on.

That's exactly what I was referring to. We're on the same page. =)

 

[Pondracer]

The contractor who did my fence required a copy of the survey. He then found the iron posts and we measured it out... to the inch. Fence problems between neighbors are common... and I'm starting to think tree problems are too.