Unauthorized Trespass-Tree Damage

Arborist Forum

Help Support Arborist Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

J-sun

ArboristSite Lurker
Joined
Feb 19, 2005
Messages
8
Reaction score
0
Location
Asheville, NC
I was referred to this forum by an arborist; this is my first posting. I will try to condense this story.

I returned from a two day work travel assignment to find one of the trees on my property had been damaged by a tree cutting service hired by a rental management company of an adjacent property. This tree company (I will leave them un-named for now), was hired to remove a dead locust from the rental property next door to mine. In order to direct the fall of this tree (in addition to a face cut), they set up a leverage system. This used two trees; one that was on the same property (on which they used a pully as is evident by the lack of damage), and one that was on mine!!! on which they did not use a pully as is evident by the resulting damage. I was not home, they did not get prior approval, they just did it. They trespassed onto my property over 30 feet over the obvious line (I have survey posts and flagging up because I am about to install a fence). According to two assessments I have gotten from certified arborists, they did not use a pully on my tree, they just ran the rope (or chain) directly around it and up to their truck (which would have been parked in my driveway) When cutting the dead tree, they lost control of it. This is obvious by a few factors, the tree did not fall into the direction of the face cut, the stump is now partially uprooted (was not before), the stump exploded into 4 sections (the tree was very rotten) and the tree fell across my survey posts and future fence line (thank goodness I waited for the fence???). The rope that was around my tree cut very far into the bark, through the cambium on about 1/3 of the bole.

So I am looking for input on a few things: 1. From the picture I attach, what is your assessment of the degree of damage and likelihood of survival of this tree? 2. Even if it will live, what is the likelihood of increased decline, sooner death, pathogens etc. *This tree, like all older locusts has some dead branches, but overall "was/is" alive and full of foliage in the summer. 3. What do you all think I am due from this unauthorized trespass, damage etc. -- just removal cost? Replacement and removal? Total tree worth (which would be less than removal cost I suspect) . . . more because of the unauthorized nature of this?

I know this may not be the most valuable tree in the world, but it is my tree, it was one of the nicest locusts on my land, it is very close to my house, and I did not give this company any permission what so ever to be on my land nor use my tree for this purpose. What does everyone out there think?

Please see attached picture. I have several, but will begin by posting just one fo the damage.

Oh yea, by the way, I forgot to mention, the company left with no note to me, no word to the rental folks that this happened. I guess they were hoping I woulnd't notice???? :confused:

J-sun
 
Honestly, what I would ask for if I was you is that they remove the damaged tree at no charge, and grind out the stump. Then install a tree of your choosing (within reason). Hopefully you would be able to get that arranged without going through a bunch of lawyers, or even court. I would present that to the rental company and the tree company before going any further.
 
I would never hire or recommend that company to anyone:eek:........and then I would make them pay someone else to do what was mentioned above......you don't want these clowns on your property again!
 
I'd say you definitely have a case.

Start with a complaint for trespassing and destruction of property, and continue on with a civil suit for damages.

Absolutely inexcusable.

Guy... where are you when we need you!!!
 
From you photo it appears you have a fairly substantial cavity at the base of the locust which compromises the structural integrity of the tree. In my opinion if you went to court in a civil case you wouldn't get much for the value of the tree. If the full extent of the visible damage is shown in your photo, it would not be enough girdling to kill the tree outright. As suggested by Treeman82 you should try get the tree company and/or the management company to pay for the removal and replanting. I agree with NeTree that the first thing I would do would be to file trespass and/or property damage charges. This may give you the leverage you need to get what you want without incurring the cost of hiring a lawyer. This is a tree forum, so the last two sentences are opinion of what I would do, and not intended as legal advice.
 
J-sun,

all i can say is WOW! They must have been a real hack company! or fly by nighters with a couple of Poulan wildthings. :) Those rental management companys only care about one thing, and that is the cheapest price possible..

And would suggest doing exactly as someone already mentioned and that is to call the local police, and file a report. Describe, and show, to the officer exaclty what you have shown and told us. The police showing up at the tree guys front door, is usually enough to persuade them to do right. I think you should attempt to recover the cost of a removal and stump grinding, and the cost of a young ornamental tree of your choice.. You'll come out ahead of the game.. keep the locust wood for fire wood, and buy a nice weeping cherry or such and plant it in the front yard right where you want it..

Good luck,
Ron
 
Step one and only one: get a Consulting Arborist and go from there.
 
J-sun How about a picture of the Whole situation? Mainly because I'm curious. This sounds completely ridiculous To have to use 2 trees for a leverage point to drop a tree and then it Doesn't't even fall to the face cut?
 
they had no right to use your property without your permission. Even if they had your permission youre property has been damaged. You should be compensated. That tree has been damaged enuogh to be put in stress,maybe causing a future risk of liability. I would get a tree evaluation from a reputable arborist. call the tree company to work out some compensation for damages. either; tree romoval and replanting or monetary value. they caused the damage they should be liable for damages hooks
 
NeTree said:
Guy... where are you when we need you!!!

I cannot find a phone or current email, but this is the address i have for him.

Guy Meilleur PO Box 1287 Apex, NC 27502

You may be able to find a number on the ASCA site, guy is a memeber there and a certified Maste Arborist.
 
I'm not sure if Guy's doing too well at the moment.
 
whats up w/ guy? he disappeared about the time i came on here. always great input from him. i was looking forwrd to interacting w/him. dang! sorry to hear that...
 
Oi knows a feller boi the name of Nat Smith...... Droivs a woit transit dropp-soid.....

Looks like what a Brit might call a 'cowboy job' possibly the work of a bunch of travellers...... Makes me think those guys have no address and a maybe a cell phone..

Good luck with finding the culprits and extracting the tree's revenge
 
J-suns tree pics

Thank you everyone, so far, for all the input. I actually did file a police report the day we returned, primarily to make sure it was documented what I found and when. I don't know if I used the exact words, trespass--but should have. Although given I said they came on and used my property without permission, I suspect it is the same thing! I mostly was focused on the property damage. They said it would be 4-7 days for a response from the department :dizzy:

I had a request for more pictures, so I will attach a few more. The first of two arborists who have assessed the situation in person so far did say he clearly could see what they were trying to do (but it failed because the tree was very dead and should have been removed from the top down one waya or another, not dropped like a healthy live tree). He too stated it was very likely the rental agency hired the cheapest quote, and got what they paid for. Unfortunately, I am the one who is now paying the price for their cheapness.
They are somewhat fly by night because they are not listed in the yellow pages nor can they be found on line. There phone must be a pay by month mintues thing, because it is disconnected one day and not the next. We have not talked to them directly, however. I thought that could be riskly until I get more info on the damage and talk to the police . . .

I agree that the most sensible move is going to be to have the tree removed and replaced; and I totally am glad for whomever said--don't let that company do it. They couldn't get the first tree down successfully where they wanted it to go, and this tree is much much larger and only about 15 feet from the side of my house. There is no way I want them doing anything ever again anywhere near me!! I plan to hire the best--I just hope I don't have to pay a cent of it. Currently the first arborist was the most knowledgable and subcontracts a company that does nothing but crane type removals, and who has very good insurance and reputation. But, I also hope to track down a person whom was recommended to me through your thread by email.

I think I will call the police again and file a second report stating the word trespass in it this time. Or make an addendum to the original report. I left a message with the rental company letting them know I was in the process of getting quotes, and that I assumed they were in contact with the tree company.

Well, here are more pictures as requested to maybe help explain the process, but it's all so far apart--the cut tree, the 1st pully tree and my tree, that it wasn't possible to get it all in one picture.

Thanks, and keep the ideas coming, this really helps!
Oh, yea, would a sugar or red maple seem reasonable as a replacement?
 
Can you tell if it was a chain or a cable that they used? I bet it looks worse than it is. I doubt if the tree will die, but can't say without a hands on inspection. Call App. Arb. or Dan Flynn at Pinnacle if you want an assessment (~65 dollars) for documentation. They're certified have good names in the area.

TT
 
Certified Arborist vs. Certified Consulting Arborist

Thanks Tree Trimmer,

Dan Flinn (?Flynn) was the first person to come on site. I am very impressed with his initial "free" assessment he provided as a favor because I took a class with him last year, and will probably go with him for whatever. But I also am trying to get an appt. with App. Arborists, have a call in and am awaiting a call back from them. I am assuming I may need more than one statement to be convincing.

I noted you area in H'ville, with a tree cutting service I'm assuming?

My next question is:

Is there a difference between Certified Consulting Arborists & Certified Arborist. One reply recommended a Certified Consulting Arborist, I'm not sure if that is the same thing as Certified Arborist?
 
Back
Top