Does a landscaping company have an obligation to verify that trees they are taking down are yours?
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Here's the story... My Mom lives in a manufactured home community. YEARS ago, she and Dad planted citrus trees along the property line between their home and the neighbor. Maybe 15 feet separate the houses. The understanding had been that the neighbor could share the fruit, but my parents paid for and planted the trees. A few neighbors have come and gone since then. The current neighbors are "odd ducks," at best. Today, a landscaping crew hired by the neighbor showed up and cut down all the trees before my mother realized what was happening. There was never any indication given before hand this was going to happen. When confronted, the neighbor said she thought the trees were hers. We are going to look into what our legal rights are against the neighbor, but it would seem that since the trees were obviously on the property line, the landscaping company had some obligation to make sure the people hiring them had a right to take down the trees. Is that true? Do we have any recourse against them? Any suggestions what should be done to make this right? These were mature trees... My Mom is 84 years old. She doesn't have the luxury of time to see baby trees grow to maturity at this point. Needless to say, we are royally pi$$ed! Thanks for any... and all... advice.
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Answer:
Hi i am the owner of a driveway and landscaping company. www.theresinbondedslabcompany.co.uk resin bound driveways, and we specialise in the installations and soft and hard lanscaping of properties. Anygood company should when asked to cut down established trees, 1, should ask if they are protected (some types of trees are not allowed to be just cut down) 2, if there is a government/council order on them, to either be cut down or not, and 3 if the person who is asking for them to be cut down either has the right to want, or is in actual fact the owner, they may even ask to see or if the boundary line has been checked on the deeds to the property. Most good companies or even companies will have a contract to be signed before works start, stating what work is to be undetaken and for an aggreed amount of money ( so if the client doesnt pay for the works undertaken after completion then the company can sue etc, now if you can find or know the company that undertook the works and your neighbour signed the contract, it both proves that your neighbours instructed and signed a contract stating to cut down trees and how many etc, this could help you identify the culprit at vault, and if there is no contract then maybe they have both undertook something unlawfull to your property, i.e trees. I hope this may help. Regards www.theresinbondedslabcompany.co.uk
kathy_is... at Yahoo! Answers Visit the source
Other answers
Who planted is no longer matters, the fact the trees were on the property line made them communal ownership. You mother should have been consulted. Now the problem is.......who are you going after? The neighbor is the one responsible. How are you going to prove the trees' worth? You need recent pictures of the trees to prove they were there, their size, health. Since the trees were on the property line....and thus common property with the neighbor, your mother would be due only half their worth, which after paying for a certified arborist with experience in tree evaluation, there might not be money. I'm not sure you'd get the landscape company to cop to being responsible, for all they knew you mother agreed.
fluffernut
get a survey of the land i think the trees were planted on your property like a foot inside the line if that is true they owe for trees to be planted the same height as the ones they took down.
pickmefirstplz
In any landscaping project, a reliable landscape contractor has a contract that states the specifics of the work to be done and if the contractor is thorough, this will include verification of ownership or location of the trees that are to be taken down.
Landscaping_Katy
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