Unauthorized tree removal

[treegirl1]

I know someone who had a tree removal service cut down some trees in a neighbors yard. The tree removal service was told by the customer that the trees were on his property.

What responsibility does the tree removal service have in all of this--they were just doing what they were contracted to do.

 

[BlueRidgeMark]

Only a lawyer knows for sure! Do a search on "property line", and I think you'll find some lively discussion.

 

[coveredinsap]

What responsibility does the tree removal service have in all of this--they were just doing what they were contracted to do.

IANAL, but I believe that they (tree service) have the responsibility to pay the homeowner for the fair market value of the mature trees, and damages that are accrued as a result of the loss of the trees. It may ,however, require a court summons (served on the tree service) and the services of a judge or arbitrator to determine what that exact value is, and who pays for what.

The first step would be for the homeowner to go after the tree company's bond and file a complaint with the State Contractor's License Board (or State equivalent). By immediately going after the bond and filing a complaint the homeowner not only receives some semblance of compensation, but they also create a important paper trail/record of the incident for the court to later refer to in order to help validate the claim.

By the way, an error contained in a contract does not absolve the contractor of liability. It's up to the contractor to check the validity of the homeowners statement before the work commeces. That may be as easy as going down to the City or County Recorders office and checking the parcel map for the property in question.

 

[treeseer]

IANAL, It's up to the contractor to check the validity of the homeowners statement before the work commeces. That may be as easy as going down to the City or County Recorders office and checking the parcel map for the property in question.

Or it's as easy as looking for survey markers--stakes, flagging, iron pipes, etc. I've had cases where the contractor paid, some where their insurer paid and others where the landowner paid. Both can be held responsible--ignorance may be easy to demonstrate, but it is not a valid defense.

In some states the value is doubled or tripled for trespass--in NH it's 5x, very interesting. In your state of MA there are fines and jail sentences defined for tree damage: see Mass Gen Laws Ann Ch 266 Sections 113, 114. Go to www.asca-consultants to find a tree appraiser. Attached are a few case descriptions from NC, and one relevant statute here.

What does IANAL mean--are you obsessive??:jester:

 

[coveredinsap]

IANAL = I Am Not A Lawyer

(But I once stayed at a Holiday Inn.)

Obsessive? I think that was a fragrance by Calvin Klein some years back

 

[treeseer]

IANAL = I Am Not A Lawyer

ok thanks, I am not either, but the statutes are public domain so the bar assn can't sue me for referring them can they? can they??

uh oh...

 

[coveredinsap]

ok thanks, I am not either, but the statutes are public domain so the bar assn can't sue me for referring them can they? can they??

No.....I think you made it pretty clear you're speaking as a certified arborist familiar with such cases, not a lawyer. Good post too.

 

[pigwot]

A few years ago, when I was not climbing due to a back injury, I stopped by my parents' place one day, after a neighbor had asked if they could have a branch or two over their roof removed from a mature Quercus palustris. The "tree surgeon' and his crew ( a 16 and a 17 yr old; none of the three using protective equipment) already had the entire top lowered out, several shingles ripped off the roof of my parents' house, two gouges in the siding, and a 5" diameter hole punched through their sidewalk. The tree was 3/4 on my parents' property, and I had always done the upkeep pruning. The 'lowering' took place 'through' a maple that was eight feet inside our property line. Damaged maple limbs, along with hung-up oak limbs remained in two of the leaders of the formerly three-leader tree. They had damaged the third leader to the point they had to remove it. I was livid and told them they were on our property and had no permission to be in our trees. They claimed they had gotten permission. I asked if they intended to leave the maple in that condition and their climber said, "I'll run up it and clean those snapped branches off (off course he would spike up the tree). I told him he ought to go visit this midget of a barber I know who would cut his hair by walking up his leg wearing spurs. The landscape value of the tree was determined to be about $20,000. In the end my parents, who are all too forgiving had them pay for the roof and sidewalk repair, and for a real arborist to come out and fuss-prune what was left of their maple. In the interest of keeping the peace with the neighbor my parents backed down. I feel this 'company' got off too easily.