Lawsuit from a nut case

[PTS]

This is a good one that I thought that I should share with you all so that you may keep yourself out this situation.

Today I was served with a lawsuit in the amount of $382.36 (guy wants to get rich evidently). Here is the scenario

Homeowner hires us for removal and several trims on his property. The block has power lines running in the back yard separating the properties of the "back door neighbors. Around here those are easements. Homeowner advised that he had called the city to confirm the easement and the city said yes it is. Homeowner requested that access to his property be done by using easement.

Jackass on corner filed a lawsuit for "damage to lawn" because we drove down the easment.

Now there was zero damage to lawn. Ground was very firm during dry spell. No ruts no turf damage.

The next day following our work this guy was driving all around his back yard with his truck and driving in the easement area and then has the balls to suit me for doing the same.

So I guess now we have to pull abstracts, property maps, have the land surveyed, and guarded by armed guards to do tree work.

Share your thoughts. I told the jackass that being a five year full time law enforcement officer, I happen to be very good in court. It's my old playground. So Lets Play. I have half a notion to counter suit him for loss of revenue which will be generated because both my crew leaders were present on scene and will be used as witnesses which will shut both crews down for the morning not to mention that the local paper prints all lawsuits which every tom, **** and harry will read which I am sure will be good for business.

 

[Dadatwins]

The property owner has no right to tell you to use the easment unless the property owner has "right of passage" permission to access the easment. Somebody owns the property, power company, gas company, city or county, whoever owns the property that the easment is on has to grant the access. Sorry, but it sounds like you might have been trespassing, be careful, if there were underground ulitities and they were 'possibly damaged' you might be held responsible for that also.

 

[jonseredbred]

an easment is basically an irrevocable permission to use a part of a tract of land that belongs to someone other than the easment holder to place utilities, access to farm land, ect. I dont know the specifics, but it is quite possible he might own the property. Dont get caught up in the bravado that you are comfortable in the court room. Go talk to him, apologize, fix his lawn, give him some firewood, use the opportunity to make a naysayer a client. If you live in a small town and want to do business in that town, court is not good advertising. That "jackass on the corner" will be great advertising when he tells everyone that you took care of him, sometimes it doesnt take alot to scratch an itch.

 

[TackleTree]

The property owner has no right to tell you to use the easment unless the property owner has "right of passage" permission to access the easment. Somebody owns the property, power company, gas company, city or county, whoever owns the property that the easment is on has to grant the access. Sorry, but it sounds like you might have been trespassing, be careful, if there were underground ulitities and they were 'possibly damaged' you might be held responsible for that also.

If this is true then you can prove he doesnt own it, not your problem. But i wouldnt think any of these companies would care about tresspassing but if there was damage to anything underground ( which I doubt) then it may bite you. Were you in Law enforcment in this area. Cause if you were then you have to have a connection with whoever owns it or an employ of such. How long ago was this? If a few weeks and there was a problem it may have already been delt with. If shorter then a possibility that a problem may still exist.

Do you have a clause in your estimates about possible damage to lawns?

 

[PTS]

I should clarify, this easement is similar to an alley however they easement is un-graveled or un-paved but still accessible.

However this does bring up another thought to ponder. I many a time I have utilized a neighbors property to do tree work. I always get permission. However I don't always get it directly. Ofter the homeowner that is hiring get the permission for us. Now because we are here in small town Iowa. There ins't very many people I don't know. That being said you know when you can make those arrangements and when I need to speak with the neighbor myself.

 

[PTS]

This issue took place within the last month. I went and looked at his property however there was nothing to look at. The only thing done was the grass was bent over and when I went there the next day even that doensn't exist. I believe I have found myself in the middle of a neighborhood dispute. I just got a call from my customer and he said that all the neighbors around this guy are having problems with him.

I had dealings with this guy as a police officer and to put it politely he isn't playing with a full deck of cards.

He was putting boards with nails sticking up out of them around his property to keep the kids from riding on his grass with there bikes. (there is no sidewalks and no curb in this area and he lives on a corner across from a park and kids would ride on the shoulder by his house. In this situation I explained the danger and liabilty of doing this and he stated that maybe these kids would learn a lesson then if one of them get hurt.

 

[TackleTree]

I should clarify, this easement is similar to an alley however they easement is un-graveled or un-paved but still accessible.

However this does bring up another thought to ponder. I many a time I have utilized a neighbors property to do tree work. I always get permission. However I don't always get it directly. Ofter the homeowner that is hiring get the permission for us. Now because we are here in small town Iowa. There ins't very many people I don't know. That being said you know when you can make those arrangements and when I need to speak with the neighbor myself.

I agree with the last statement, get permisson the best way you think but i personally would get it directly.

But it really seems this guy wold have no case. I think you should take it to judge Judy and let her figure it out! LOL sorryhttp://www.arboristsite.com/images/smilies/popcorn.gif
opcorn:

 

[woodbutcher44]

I had dealings with this guy as a police officer and to put it politely he isn't playing with a full deck of cards.

He was putting boards with nails sticking up out of them around his property to keep the kids from riding on his grass with there bikes. (there is no sidewalks and no curb in this area and he lives on a corner across from a park and kids would ride on the shoulder by his house. In this situation I explained the danger and liabilty of doing this and he stated that maybe these kids would learn a lesson then if one of them get hurt.

Without a fance that is also posted that is child endangerment.And slould be reported as so.

 

[begleytree]

We have the same setup here that comes to mind. same deal, behind houses is easement, unimproved road across backyards. easement for water, sewer, and utilities. even listed as a city street in plats and surveys. Guy who lives on the corner (end house) has made a living off this. No matter who goes in, for whatever reason and makes any disturbance, pays for it in court. Even the water company, who has an easement in writing, if they do any digging, they are in court.
And the guy wins, every time. Even for whats known as a buisness invitee.

One other thing is, in 03 we had a big ice storm and this guy had crap all over his house. Offered use of said ROW to access. I told him no, and refused to do any work for him whatsoever. My competitor got everything in writing, signed permission of access, did the job, got paid, then gave a good part of it back in court. turns out he didn't have permission to damage said easement, only use of such in good faith.

In summation, laws are different in every locale, but I urge you to get a lawyer, file continuances one after another, and at the same time, get this straighted out without the court. A judgement entry of case dismissed looks much better than PTS tree service fined $400 plus court costs for damage. folks won't know its a BS claim, they'll think you dropped something through a house, or on a car.

Just my take on it from a guy who's seen it happen
-Ralph

 

[046]

easements are usually given by the original person that developed the sub-division.

there are all different types of easements given, with all sorts of different terms.

some easements are given to the public, some are to utility companies, etc, etc...

a call to the city zoning office would clear up. but all this takes time... bottom line is this is a pita! even if you win, you lose in time spent.

 

[woodchux]

Here in my area all plats can be accessed on the internet.

 

[TackleTree]

Here in my area all plats can be accessed on the internet.

Same way in ga

 

[squisher]

man oh man that burns me up and it's not even happening to me. You must of made a good officer because if that was happening to me you would probably be arresting me if you were still in your old profession.

 

[woodchux]

I had dealings with this guy as a police officer and to put it politely he isn't playing with a full deck of cards.

He was putting boards with nails sticking up out of them around his property to keep the kids from riding on his grass with there bikes. (there is no sidewalks and no curb in this area and he lives on a corner across from a park and kids would ride on the shoulder by his house. In this situation I explained the danger and liabilty of doing this and he stated that maybe these kids would learn a lesson then if one of them get hurt.

Sounds like the guy had told you before that he did not want people on his property , even to the point of wishing pain and suffering on small children.

 

[squisher]

then that property owner should have the kahuna's to say what the hell were you doing on my property now I want some money to set it right. Not filing some lame court case.

 

[LightningLoader]

This issue took place within the last month. I went and looked at his property however there was nothing to look at. The only thing done was the grass was bent over and when I went there the next day even that doensn't exist. I believe I have found myself in the middle of a neighborhood dispute. I just got a call from my customer and he said that all the neighbors around this guy are having problems with him.

I had dealings with this guy as a police officer and to put it politely he isn't playing with a full deck of cards.

He was putting boards with nails sticking up out of them around his property to keep the kids from riding on his grass with there bikes. (there is no sidewalks and no curb in this area and he lives on a corner across from a park and kids would ride on the shoulder by his house. In this situation I explained the danger and liabilty of doing this and he stated that maybe these kids would learn a lesson then if one of them get hurt.

Sounds like a classic case of the crazy scitzo OCD neighbor. My brother in law lives next door to a guy like that. He doesn't sue though because that would require him to venture out of the neighborhood to court. God I hate lawsuits. Had you not been a cop and had alot of experience in court, I'd say to just give him the money now and tell him to drop the lawsuit to save yourself the trouble and expense of going to court. But, since you may intend to contersue and get your losses back, I'll just wish you good luck. Please let us know how it goes. I'd love to see the kook get what's coming to him.

 

[clearance]

Probably best for you to pay this cull the $400, then sit back and wait. It is a rare road that never turns, one day you will have the last laugh.

 

[PTS]

Spoke with the city today to get the paperwork showing that this indeed is a right of way and that we have a right to use the easement and all is well. Just torques me off.

 

[BlueRidgeMark]

The city just might not know what they're talking about. An easement is usually a specific permission to a specific party or parties for a specific purpose. It is NOT usually a blanket permisson for anybody who needs to go there. Even though there is an easement is in place, private property rights remain with the property owner. If the easement is for bona fide utility companies, you just might have trespassed. And tresspass or not, damage to said easement is STILL damage to private property. (Cameras are wonderful things.)

The only way to be sure is to read the thing yourself, or have a lawyer read it for you.

Better that said reading is done by YOUR lawyer rather than HIS.

Of course, the amount is probably in small claims territory. Still, you don't want HIM to read it for you in front of a judge, and find out that he's right and the clerk at the city didn't understand easements.

 

[trimmmed]

The city just might not know what they're talking about. An easement is usually a specific permission to a specific party or parties for a specific purpose. It is NOT usually a blanket permisson for anybody who needs to go there. Even though there is an easement is in place, private property rights remain with the property owner. If the easement is for bona fide utility companies, you just might have trespassed. And tresspass or not, damage to said easement is STILL damage to private property. (Cameras are wonderful things.)

The only way to be sure is to read the thing yourself, or have a lawyer read it for you.

Better that said reading is done by YOUR lawyer rather than HIS.

Of course, the amount is probably in small claims territory. Still, you don't want HIM to read it for you in front of a judge, and find out that he's right and the clerk at the city didn't understand easements.

Eggzactly!


PTS ......Paying particular attention to the last sentence, you will have NO chance blaming the city worker, because you are the professional businessman, Personally I'd be thankful for being sued for short money like that, go on and offer him a settlement, tax deduct for you as well as some educational value .