PDA

View Full Version : Got in some trouble today.


Pages : [1] 2

cpt87gn
10-05-2010, 11:56 PM
Well i do mostly mow trim and blows yards this is my first year. Last week I had a costomer ask me if i could trim some branches that were coming from here neighbor tree and that the owner of the tree (lets call her Sue)was fine with me going into her yard if i needed to. today I had her other neighbor ask me the same thing so i trimmer alot of branches that were coming into her yard from the same tree i did last week Sues. alot of branches fell into Sues yard when i was finished i knocked on her door to get permission to clean up the branches that fell in her yard the baby sitter answered and gave me permission and asked me for a buisness card i cleaned up and day over. i go back to her street to collect a payment from somebodys yard i did and i see a cop at her house an hour later and i get a nasty call from Sue saying that she filed a police report for transpassing and that i cut into her property line (which i did because my lack of experience I thought i was doing her a favor)
and that the cuts looked bad not clean more like torn which is also true.and that shes haveing a certified arborist come out tommorow to see if i ruined her tree that is real old and that gives her house a great deal of value she said i wouldbe in deepS@#$ .I told her that i thought she was ok with it and that i never went into her yard before i got the permission and that i wasnt finish yet. That i was still going to finish the cut off and spray the cut with tree coat .but she wouldnt hear it. / side note i think her and the neighbor that payed me dont get along. Im concerned about this I did do some things wrong I think im sticking to mowing.

cpt87gn
10-05-2010, 11:57 PM
Sorry for the bad grammer.

SNAPPER MAN
10-06-2010, 12:01 AM
This is why we have insurance.
Posted via Mobile Device

Grass Shark
10-06-2010, 12:10 AM
We learn from our mistakes.... do not get discouraged. I hope you have insurance :confused:

StihlMechanic
10-06-2010, 12:16 AM
If she didnt pay for the job then dont sweat it. She would have to take you to small claims and it wouldn't be worth it. You didnt damage anything so she has no leverage on you. I am in TX too, and if your tree crosses into a nieghbors property, they have the right to cut it or hire someone to do so.

ajslands
10-06-2010, 12:17 AM
Lol I have one of those, except the tree is on my clients property, neighbor is a complete a hole! Threatened to call the cops on me when I was plowing my clients drive at 5 am. :laugh:

you'll be fine! She's calling an arborist to see if her tree is alright! Well as long as you didn't cut it down it'll be fine! Although it is fall so it may look dead in the winter but it's just dorment :D

but ya your fine! As long as that babysitter gave you permission to go into the yard.

If she called me complaining, I would have told her "the leaves from your tree are falling on my clients yard and killing it" then I would have hung up.
Posted via Mobile Device

Richard Martin
10-06-2010, 06:01 AM
Would it be possible to see a picture of the tree? Maybe tell us where the property lines are? As I read your post it looks like this tree has a canopy so large it spans 3 yards? Your customer's yard, the yard the tree is in, and the yard on the other side? That is one big tree.

It seems like you've been cutting the wrong grass and hacking up someone else's tree. I'd be pissed too. The permission of the baby sitter is nothing. You might as well have asked the grass of it was okay to go onto the property.

If she's filing trespass charges then you did more than walk onto her property to pick up some debris.

MarcSmith
10-06-2010, 07:52 AM
legally you can cut to the prop line and not to the point of damaging the tree. IE making the tree unsafe. SO you could not trim the tree back to the prop line if it would harm the tree or its overall appearance.

But cutting to the line looks like crap. if you did crappy cuts with tears and such I'd be upset as well...

coolluv
10-06-2010, 08:04 AM
Had a situation here a few years ago were a utility contractor cut through the drip line roots of a huge old tree, not sure what kind. Anyway the owner called an arborist and he said the tree would die in a year or so. The owner sued the utility contractor for $80,000 and won. That is what they figured the value of the tree was and the enhanced value it gave to the lot. This was in a high end part of Atlanta.

I hope you have insurance or you could be in deep $hit.

Dave...

ajslands
10-06-2010, 08:43 AM
put some ground killer on her lawn! How her wow boss!
But yes, pictures would be nice, as for the tree being in two yards, maybe it's in like a back corner and the lot backsup to another house, then it could spread over 3 seperate yards. Not including the owners.
Posted via Mobile Device

Chilehead
10-06-2010, 09:50 AM
I've been in situations like this before and can tell you that she's blowing smoke. What's really working in your favor is that other people know that you had been given permission to be present on her property. If she were to take you to court, you would have the asset of witnesses/testimonies working on your behalf. In a worst-case scenario, here's how it plays out: She files a suit against you for criminal trespass and damage to her tree. You never mentioned if the cop served you a citation. Criminal trespass is a misdemeanor, thus a cop would have been required to serve you a citation--MINIMUM. If you don't have a citation, at worst the cop took a written statement (probably to please the lady). If you committed a crime, the police would have let you known about it there and then.
Let's move to the civil side......tree damages. Like posted above, you can legally knock down anything that hangs over your client's property.

Kennedy Landscaping
10-06-2010, 12:45 PM
I agree with Chilehead. If you haven't gotten anything in the mail or been contacted by the police I wouldn't worry about it.

4 seasons lawn&land
10-06-2010, 12:56 PM
Your fine. Just dealing with an A-hole. Was it true that you werent done yet like you told her? If you left room on the branch to clean up the cuts then you even look good.

slave2lawns
10-06-2010, 01:06 PM
Wow, I would throw some frozen ice cubes with clorox in them on her lawn. Sorry to hear that just when you think your doing the right thing there's always someone out there that wants to be a ***** a bout it.

Runner
10-06-2010, 01:54 PM
I read the post twice and couldn't make heads or tails from it, so until I can understand the situation, I sure can't offer any advice on it.

fl-landscapes
10-06-2010, 02:12 PM
Wow, I would throw some frozen ice cubes with clorox in them on her lawn. Sorry to hear that just when you think your doing the right thing there's always someone out there that wants to be a ***** a bout it.

good idea, destroy her lawn for getting upset for hacking up her tree:dizzy: Doing the right thing is getting permision from the owner and making proper cuts not ripped off limbs! This person may very well be a pain in the azz but you opened the door for trouble in my opinion.

gasracer
10-06-2010, 02:16 PM
I had a situation where there was a empty house and the neighbors wanted me to clean it up. The grass was way overgrown,bushes neglected for a year and a tree that had limbs growing into the neighbors yard that wanted me to clean it up. I told them I wouldn't take the chance on cutting anything unless they found out who was in charge of it so I didn't get charged with trespassing or destruction of private property. A couple of days later I get a call and permission was granted to do whatever it took to have it looking nice. 2 mowings later,a day of bush trimming and 3 hauls to the dump everyone seems happy. If there is any question of legal issues and property lines talk to the other homeowner or refuse the job.....

h2oskier
10-06-2010, 02:26 PM
good idea, destroy her lawn for getting upset for hacking up her tree:dizzy: Doing the right thing is getting permision from the owner and making proper cuts not ripped off limbs! This person may very well be a pain in the azz but you opened the door for trouble in my opinion.

You have to love the guys on here if they get confronted on something, they're ready to burn the customers houses down.:laugh::laugh::laugh::laugh:What kinda lawn service you providing anyway?

cpt87gn
10-06-2010, 03:42 PM
I seen the cop at her house but i didnt take to her or the cop.in person. she only has a flyer of mine that the babysitter asked for' it dosnt have my address. she is suppose to email me a case# ill use this as a lesson and educate myself first..i hope it blows over because i cant afford any setbacks right now. ill stick to lawns only and i cancelled my insurance months ago because i waasnt mowing enoght to pay it and it didnt cover tree work.
Posted via Mobile Device

JB1
10-06-2010, 03:44 PM
boy, oh wow

gasracer
10-06-2010, 04:04 PM
If this amounts to anything you might have to pay the woman. Dropping your insurance and still mowing wasn't a good idea.

I seen the cop at her house but i didnt take to her or the cop.in person. she only has a flyer of mine that the babysitter asked for' it dosnt have my address. she is suppose to email me a case# ill use this as a lesson and educate myself first..i hope it blows over because i cant afford any setbacks right now. ill stick to lawns only and i cancelled my insurance months ago because i waasnt mowing enoght to pay it and it didnt cover tree work.
Posted via Mobile Device

coolluv
10-06-2010, 04:16 PM
I seen the cop at her house but i didnt take to her or the cop.in person. she only has a flyer of mine that the babysitter asked for' it dosnt have my address. she is suppose to email me a case# ill use this as a lesson and educate myself first..i hope it blows over because i cant afford any setbacks right now. ill stick to lawns only and i cancelled my insurance months ago because i waasnt mowing enoght to pay it and it didnt cover tree work.
Posted via Mobile Device

You might want to go over there and talk to her and see if you can come to some sort of an agreement. Maybe offer to pay for the arborist to come and have a look at it. If you can defuse the situation before it gets out of hand it may save you money in the long run. You cant hide from it and hope it blows over. You need to show up with hat in hand and be very nice and apologetic, she may take sympathy on you. I don't think you want to wait for the letter from her lawyer. You may want to talk to a lawyer yourself first. Find out what the law is concerning the situation first. It all depends on how much of an #$$ she is going to be about it and how much if any actual damage you have done to the tree. Post some pics if you can so we can see what you are talking about, it may not be a big deal or it could be a nightmare. I would want to have my own set of pictures anyway before someone comes in and changes things and you get the blame. Document everything that happened before you forget in case it does go to court. You also might want to contact the police to get a copy of the report and find out if you have any citations coming your way. Keep us posted and good luck.

Dave...

4 seasons lawn&land
10-06-2010, 04:56 PM
YOu guys are funny. She has no hope of getting anything. Have YOU ever tried to get money out of someone by taking them to court. If you win you get a nice judgment to hang on the wall that you never actually get any money for.

coolluv
10-06-2010, 05:03 PM
YOu guys are funny. She has no hope of getting anything. Have YOU ever tried to get money out of someone by taking them to court. If you win you get a nice judgment to hang on the wall that you never actually get any money for.

If you operate as a DBA then your personal assets become fair game, your house, retirement, bank accounts etc. Sure you can't get blood out of a stone,but the ones that don't pay are the ones with nothing to take. If you have assets they can and will take them.

Dave...

Capemay Eagle
10-06-2010, 05:15 PM
I am having a hard time understanding the post, but I have allot of trees in my yard and I value each one. I know if someone came and hacked my trees up, I would be pretty pissed.

HustlerRider
10-06-2010, 05:31 PM
Was the property posted with no trespass signs? If not. don't worry about it.

Were you insured when working at this property? If not, then you were working as an employee of your client, therefore, any damages caused by you while working there would be covered by the client's homeowners policy.

bradseabridge
10-06-2010, 05:40 PM
Just because it's not posted doesn't mean it's not private property, being ignorant of the law is no excuse,

h2oskier
10-06-2010, 05:44 PM
Just because it's not posted doesn't mean it's not private property, being ignorant of the law is no excuse,

Uh did you see that on Judge Judy? :laugh::laugh::laugh:

gasracer
10-06-2010, 05:52 PM
I would call the police department and ask to see a copy of the report and then speak to a lawyer.

bradseabridge
10-06-2010, 05:54 PM
Uh did you see that on Judge Judy? :laugh::laugh::laugh:

No, I'm a criminal justice major.

Richard Martin
10-06-2010, 06:32 PM
Just because it's not posted doesn't mean it's not private property, being ignorant of the law is no excuse,

Exactly. Or... Just because it's not posted doesn't mean you can do as you please. "Oh, oh, this yard's not posted. Let's park on the grass." Or.. "This yard's not posted, let's start a camp fire in the front yard." Extreme examples for sure but it gets the point across.

h2oskier
10-06-2010, 07:49 PM
No, I'm a criminal justice major.

So i guess will be seeing you as the lawn lawyer :laugh::laugh::laugh:

ajslands
10-06-2010, 08:14 PM
So did you take some pictures?
Posted via Mobile Device

rain man
10-06-2010, 09:59 PM
On the bright side, its just a tree (hopefully not in the historical district) and can be fixed if need be with a little money. No one got hurt. But...you need to get some insurance.

cpt87gn
10-07-2010, 12:12 AM
No pictures yet Im planning on going overthere and speak to her myself. hopefully worse case ill pay a perfessional and he can clean things up for me .And im definitely getting insurance and sticking to just mowing.I felt bad allday about this .The company is under my dads name ,we work together and his house is payed off but im sure it wont get that far. ill keep you updated.

rain man
10-07-2010, 12:16 AM
Sounds like a plan. Once you've done all you can do then just ride it out. All kinds out there.

ajslands
10-07-2010, 12:20 AM
On the bright side, its just a tree (hopefully not in the historical district) and can be fixed if need be with a little money. No one got hurt. But...you need to get some insurance.

True dat!

I agree it is just a tree! It's not like you killed her kid or her babysitter.
Posted via Mobile Device

lawnman_scott
10-07-2010, 12:28 AM
No pictures yet Im planning on going overthere and speak to her myself. hopefully worse case ill pay a perfessional and he can clean things up for me .And im definitely getting insurance and sticking to just mowing.I felt bad allday about this .The company is under my dads name ,we work together and his house is payed off but im sure it wont get that far. ill keep you updated.

I am assuming it is in a nice neighborhood, kind of rich but not overly extravigant? She is just a _______who has nothing better to do than complain and threaten people with idiocy. I am guessing the police who had to waste his time with her was equally as disgusted by her. Dont give it a second more of your time or worry and certainly dont listen to these morons who think she is going to sucessfully sue you or your father.

dtriv89
10-07-2010, 12:45 AM
Exactly. Or... Just because it's not posted doesn't mean you can do as you please. "Oh, oh, this yard's not posted. Let's park on the grass." Or.. "This yard's not posted, let's start a camp fire in the front yard." Extreme examples for sure but it gets the point across.

True, but he did say he asked the babysitter for permission which would mean he wasn't trespassing. That being said the babysitter is going to be on the homeowners side so it's pointless. If you're going to trim branches out of a tree that doesn't belong to your client you need some sort of a waiver for the neighbor to sign giving you permission to trim branches and to enter their property if need be. Also, insurance isn't an option, it's necessary

StihlMechanic
10-07-2010, 01:02 AM
I would finish the job, fell the tree and set it ablaze. Then dance on the ashes and go have a beer.

h2oskier
10-07-2010, 02:25 AM
I would finish the job, fell the tree and set it ablaze. Then dance on the ashes and go have a beer.

You forgot he needs to drive back by now that he is full of beer and put the rest of the fire out:laugh::laugh::laugh:

cpel2004
10-07-2010, 02:27 AM
Had a situation here a few years ago were a utility contractor cut through the drip line roots of a huge old tree, not sure what kind. Anyway the owner called an arborist and he said the tree would die in a year or so. The owner sued the utility contractor for $80,000 and won. That is what they figured the value of the tree was and the enhanced value it gave to the lot. This was in a high end part of Atlanta.

I hope you have insurance or you could be in deep $hit.

Dave...

That story is really hard to believe...I'm just saying....Truth of the matter they(utility company) would have called several arborist and found one to dispute the claim. So what if the tree doesn't die? It must be more to the story.

As far as the young kid, your fine. We all live and learn!

Richard Martin
10-07-2010, 02:31 AM
True, but he did say he asked the babysitter for permission which would mean he wasn't trespassing.

The babysitter isn't a legal rep for the homeowner.

coolluv
10-07-2010, 08:07 AM
That story is really hard to believe...I'm just saying....Truth of the matter they(utility company) would have called several arborist and found one to dispute the claim. So what if the tree doesn't die? It must be more to the story.

As far as the young kid, your fine. We all live and learn!

Well you can believe what you want, but I tried to locate the story but could not. It happened 2 or 3 years ago in a very upscale area of Atlanta. The story was that the person purchased a lot in order to build an estate home, the reason they picked this lot was because of the huge old tree that stood in the middle of it. They had the whole house placement including where windows were to be placed, landscaping etc. based off of this huge old tree. Well when everything was near completion the utility company came in and cut through the roots even after an arborist clearly marked every and all utility paths to avoid hurting this tree. The guy operating the trencher did not want to follow the paint marks and thought it would be quicker to do his own thing. Well it was quicker no doubt, but he went straight across the root zone and damaged the roots.

They valued the tree at $80,000 or the enhancement that it added to the value of the property, not to mention they had to pay for the removal of the tree. It is a true story and you can believe what you want. The reason I remembered it was I could not believe that they could value a tree or the value it added to a property at $80,000.

Dave...

punt66
10-07-2010, 08:11 AM
The babysitter isn't a legal rep for the homeowner.

Yes she is. If any warranted person on thr property gives permission for somebody to enter it is no longer trespassing.

kubotafan
10-07-2010, 09:05 AM
Well you can believe what you want, but I tried to locate the story but could not. It happened 2 or 3 years ago in a very upscale area of Atlanta. The story was that the person purchased a lot in order to build an estate home, the reason they picked this lot was because of the huge old tree that stood in the middle of it. They had the whole house placement including where windows were to be placed, landscaping etc. based off of this huge old tree. Well when everything was near completion the utility company came in and cut through the roots even after an arborist clearly marked every and all utility paths to avoid hurting this tree. The guy operating the trencher did not want to follow the paint marks and thought it would be quicker to do his own thing. Well it was quicker no doubt, but he went straight across the root zone and damaged the roots.

They valued the tree at $80,000 or the enhancement that it added to the value of the property, not to mention they had to pay for the removal of the tree. It is a true story and you can believe what you want. The reason I remembered it was I could not believe that they could value a tree or the value it added to a property at $80,000.

Dave...

Considering all the effort they went through to have things marked out I can understand them being upset and the settlement. However, I also wonder how long they expected the tree to remain there as trees have a life span that does vary depending on climate, variety, etc. How many years of life was there left in the tree?

coolluv
10-07-2010, 09:18 AM
Considering all the effort they went through to have things marked out I can understand them being upset and the settlement. However, I also wonder how long they expected the tree to remain there as trees have a life span that does vary depending on climate, variety, etc. How many years of life was there left in the tree?

I have no idea on the tree,but I do understand what you are saying. Obviously they thought it would be around for a long time, I'm sure they had the arborist check the health of the tree and estimate its longevity. I don't think they would have went through all of that trouble without knowing all of the facts.

Dave...

punt66
10-07-2010, 09:19 AM
Considering all the effort they went through to have things marked out I can understand them being upset and the settlement. However, I also wonder how long they expected the tree to remain there as trees have a life span that does vary depending on climate, variety, etc. How many years of life was there left in the tree?

doesnt make any difference. The replacement value of destroyed property. How long does a house last? Should it be devalued if it it destroyed? Or is it worth the replacement cost to build a new one?

coolluv
10-07-2010, 09:33 AM
doesnt make any difference. The replacement value of destroyed property. How long does a house last? Should it be devalued if it it destroyed? Or is it worth the replacement cost to build a new one?

Good point.

Dave...

delphied
10-07-2010, 09:55 AM
Now I know why lawnboys can only get $25 to cut a lawn.

Runner
10-07-2010, 11:48 AM
Yes she is. If any warranted person on thr property gives permission for somebody to enter it is no longer trespassing.

Actually, this is correct. the baby sitter is then acting as an agent of the home owner, as he/she is assuming temporary control of the property...it becomes her responsibility. Take this for instance; If she gives the neighbor kid permission to go play in the back yard, and the kid gets hurt, it is still on the homeowners.

RHill
10-07-2010, 01:49 PM
If you operate as a DBA then your personal assets become fair game, your house, retirement, bank accounts etc. Sure you can't get blood out of a stone,but the ones that don't pay are the ones with nothing to take. If you have assets they can and will take them.

Dave...

In Texas, it is hard to collect on a lot of court judgments. Your homestead, tools of your trade and, I think up to $40,000 of personal property are exempt from seizure for debts.

As for as criminal trespass, if you asked permission from the only adult in the house, then you had permission from someone with "apparent authority" over the property. So I wouldnot worry about criminal trespass. The only criminal charge I could see being filed on you would be "criminal mischief", which is based on the amount of "damage" done to the property. I have lived in TX my whole life and am familiar with TX law. I have been a law enforcement officer for 23 years.

In the future, do not do any work on any property simply because the neighbor wants you to do it. Talk to the property owner first.

RHill
10-07-2010, 01:56 PM
Just because it's not posted doesn't mean it's not private property, being ignorant of the law is no excuse,

In Texas, in order for trespass charges to be filed, there has to be "notice" that the entry was forbidden. Than notice can be verbal, signage, fence or barrier designed to exclude persons or livestock and markings with purple paint.

Cummins343
10-07-2010, 01:58 PM
This is why we have insurance.
Posted via Mobile DeviceWhat does insurance have to do with this? There was no property damage and no one was hurt.

starry night
10-07-2010, 02:11 PM
What does insurance have to do with this? There was no property damage ..........

According to the OP. the homeowner is claiming possible damage to the tree and he could be liable.

Cummins343
10-07-2010, 02:14 PM
According to the OP. the homeowner is claiming possible damage to the tree and he could be liable.Oh ok. That makes sense now. Thanks.:waving:

Glenn Lawn Care
10-07-2010, 04:58 PM
You need to go back to grammar school!

cut level
10-07-2010, 05:10 PM
What does insurance have to do with this? There was no property damage and no one was hurt.

Property damage would be the tree if she pushed the issue and jumped thru the hoops and he is deemed LIABLE for the detriment of the tree or something. So thats what insurance COULD have to do with this situation.

unit28
10-07-2010, 06:29 PM
I told her that i thought she was ok with it and that i never went into her yard before i got the permission and that i wasnt finish yet. .

stick to your guns.
write a letter and send it to her, be apologetic. Forget the door knocking.

I lived in TX for over 40 years. If the tree is hanging where it's causing a problem,
then the owner of that tree can be held responsible.

rain man
10-07-2010, 07:49 PM
I wouldn't put anything at all in writing. Nothing. It can be used against you, do not give them the rope to hang you with.

4 seasons lawn&land
10-07-2010, 07:57 PM
dont go over there! If this whole thing wasnt a complete waste of time then the cops would have definately contacted you by now.

SimonCX
10-07-2010, 08:05 PM
I really don't understand some of you guys, if someone came and hacked up your tree or trees wouldn't you be pissed. Legally you can't cut over the property line or do damage to the tree, if you do then your held responsible. My guess its not about the trespassing it's about the hacked up cuts on the tree thats the problem.

bradseabridge
10-07-2010, 08:10 PM
So what, don't put anything in writing or knock on the door, wait for them to make the next move. If you put something in writing even if you're apologizing its like admitting fault.

bradseabridge
10-07-2010, 08:11 PM
I really don't understand some of you guys, if someone came and hacked up your tree or trees wouldn't you be pissed. Legally you can't cut over the property line or do damage to the tree, if you do then your held responsible. My guess its not about the trespassing it's about the hacked up cuts on the tree thats the problem.

Yeah I'd be pissed I'm not saying she is in the wrong, he was just stupid. But I'm sure as hell not gonna go around talking to her or writing letters. I'll wait for the police to tape a subpoena on my door and then start to worry. Until then don't do a damn thing, if she is serious. someone would have contacted him by now.

The LawnRanger
10-07-2010, 08:48 PM
Get insurance pal worth every penny, I.m telling you the tree isnt damaged by just trimming it back very hard to kill a tree unless it gets a disease or a fungi or by chance lightning strike. far as rather you had permission or not, babysitter gave the permission and it would never hold up in court. and I would suggest that before you trim trees you get a book and make proper cuts so it looks professional and not like the neighbor kid down the street did it. Things like this will get you a bad rap in this industry to many of us out there and you will get replaced by the guy down the street quick. not sure ask a professional or another LCO I,m always glad to help out another company in my area we throw bones to each other all the time Hell I got enough lawns I don't want them all glad to helpout or give business to other LCO

4 seasons lawn&land
10-07-2010, 09:20 PM
All you lawn care guys knowledge of law is impressive. I wonder why people bother going to school for that stuff... or are there just alot of Harvard grads in this industry?

The LawnRanger
10-07-2010, 09:53 PM
All you lawn care guys knowledge of law is impressive. I wonder why people bother going to school for that stuff... or are there just alot of Harvard grads in this industry?
No Harvard Grad here but did get a degree in conservation and forestry and was a game warden for 16 years so I do know little bit about trees and tresspassing

rain man
10-07-2010, 10:05 PM
All you lawn care guys knowledge of law is impressive. I wonder why people bother going to school for that stuff... or are there just alot of Harvard grads in this industry?

Naw man, all the Harvard guys are working at berger king lol.

cpt87gn
10-07-2010, 10:29 PM
I didnt get to go overthere Im not worried about the traspassing to much. she said she would email the case #. She has a point i understand were shes coming from lesson learned on my behalf . and i definitely need to improve my grammer I played hookie on all my english classes .now i regret it.

StihlMechanic
10-07-2010, 10:45 PM
Harvard grad here. I just prefer to make jack for money so I can repair mowers for lco's so they can mow other harvard grads lawns. It is my way of giving back to my former classmates.

bradseabridge
10-07-2010, 10:51 PM
All you lawn care guys knowledge of law is impressive. I wonder why people bother going to school for that stuff... or are there just alot of Harvard grads in this industry?

It is pretty impressive actually, I'm one semester away from my justice degree but not at Harvard. I don't say much when law starts gettin spit around because well, I must be wrong. lol

rain man
10-07-2010, 11:25 PM
Harvard grad here. I just prefer to make jack for money so I can repair mowers for lco's so they can mow other harvard grads lawns. It is my way of giving back to my former classmates.

Thats Doctor Stihl Mechanic of Ha-vard.

unit28
10-08-2010, 09:18 AM
nothing wrong with sending her a letter.

Dear lady,

Your big azz tree was hanging over the fence.
My client asked me to cut it off her fence line.
I'm so sorry you didn't let me finish the job.

If you need further assistance so as I can finish the job
please call my lawyer because I'd really like to hack the rest of it up for firewood

Sincerely
Sparky

cpel2004
10-08-2010, 11:24 PM
any updates.....

cpt87gn
10-08-2010, 11:40 PM
I went over there today, she wasn't rude we talked she said shes waiting on the results from certified arborist. That he said if she pours some money into it he mite be able to save it . I dont like how that sounds i told her depends on the results from guy im having someone go out and look at it .

Keith
10-09-2010, 12:41 AM
I wonder if the certified arborist is a relative?

MarcSmith
10-09-2010, 08:31 AM
show us some pics.... no reason some minor pruning would kill a healthy tree...

DynaMow
10-09-2010, 10:14 AM
when you go over there today ask her what her method of pay for the babysitter is?

ALC-GregH
10-09-2010, 10:43 AM
Hire a arborist to go and check the tree. If he says there is nothing wrong, then you have it in writing and can tell the lady to stick it.

4 seasons lawn&land
10-09-2010, 11:04 AM
I went over there today, she wasn't rude we talked she said shes waiting on the results from certified arborist. That he said if she pours some money into it he mite be able to save it . I dont like how that sounds i told her depends on the results from guy im having someone go out and look at it .




:dizzy: you must like bending over

Richard Martin
10-09-2010, 02:04 PM
show us some pics.... no reason some minor pruning would kill a healthy tree...

I asked for pics in my first post. Still no pics...

http://www.lawnsite.com/showpost.php?p=3746018&postcount=7

Will P.C.
10-09-2010, 02:06 PM
In the first post, the guy admits that he butchered the tree and messed up the property lines.

I seriously doubt that the tree is going to die, but it looks like crap and he needs to hire someone to make it look pretty.

Get some insurance right now!!

Cooluv, I know the case you are talking about in Atl. It happened in a very nice part of Atlanta.

Some of these big trees in historical districts, rich areas, really add a ton a value to the property.

yardguy28
10-09-2010, 05:32 PM
Would it be possible to see a picture of the tree? Maybe tell us where the property lines are? As I read your post it looks like this tree has a canopy so large it spans 3 yards? Your customer's yard, the yard the tree is in, and the yard on the other side? That is one big tree.

It seems like you've been cutting the wrong grass and hacking up someone else's tree. I'd be pissed too. The permission of the baby sitter is nothing. You might as well have asked the grass of it was okay to go onto the property.

If she's filing trespass charges then you did more than walk onto her property to pick up some debris.

trespassing charges can be filed just for someone walking onto the property and then turning around and walking off the property in a matter of seconds.

you don't have do anything on someone elses property before someone can file charges.

i could step onto your property and then step off and you could file charges.

doesn't mean they will hold up but you can still press charges.

yardguy28
10-09-2010, 05:41 PM
i'm now wondering if every state is different on rules of trimming branches and other grennery that is hanging on your property from a neighbors property.

in my neck of the woods if a neighbors tree branch is hanging on your property and you don't want it there or it would cause damage to your property you can cut down the whole branch. you don't have to stop at the property line. it can legally be cut the proper way (all the way back to where it started). and you don't need permission from the neighbor and you don't have to inform them either. although informing them is the polite thing to do.

Will P.C.
10-09-2010, 06:31 PM
People and neighbors are extremely sensitive about this subject. The best thing to do before operating is talk to both the customer and neighbor. Feel them out on how they feel about branches being removed. I would even go as far as asking the neighbor to sign some type of waiver.

My neighbor had a gum tree that and those little prickly things were getting all over my yard. He had some branches hanging over into my line and I got them removed. We were friends before this, after the branches came down we were arch enemies

mbrew
10-09-2010, 07:33 PM
trespassing charges can be filed just for someone walking onto the property and then turning around and walking off the property in a matter of seconds.

you don't have do anything on someone elses property before someone can file charges.

i could step onto your property and then step off and you could file charges.

doesn't mean they will hold up but you can still press charges.

Requirements are different in different states, but by and large, you don't know what you're talking about. Particularly not in Texas.

punt66
10-09-2010, 07:34 PM
Requirements are different in different states, but by and large, you don't know what you're talking about. Particularly not in Texas.

For the most part, the property has to be posted or the owner or tenant must tell you to leave. It is not trespassing to go knock on somebody's door.

cpt87gn
10-09-2010, 08:22 PM
I dont have pictures. If she comes back with something crazy than ill have someone go out and check it out. Im hoping that worse case ill pay a pro to clean up my mess and thats that . I dont think the traspassing will stick or that shes going to push the traspassing .

yardguy28
10-09-2010, 08:59 PM
Requirements are different in different states, but by and large, you don't know what you're talking about. Particularly not in Texas.

whatever..........

For the most part, the property has to be posted or the owner or tenant must tell you to leave. It is not trespassing to go knock on somebody's door.

you might not get anywhere filing trespassing charges but you can certainly file them.

my comments were made because someone made the comment that the thread starter must have been doing more than picking up debris because the property owner filed trespassing charges. so my point was that the thread starter could have been doing just that.

there's no "guide lines" for filing a trespassing charge. you can file a charge if you feel it's necessary. now that doesn't mean anything will come of the charge but you can certainly file one. i could file a trespassing charge on any person that sets a foot on my property, posted or not.

but then again i guess by far and large i have no idea what i'm talking about according to the trespassing god.

topsites
10-09-2010, 09:28 PM
I see I have to take my leave again, I'll get banned for sure saying what I think,
F(CENSORED) I'll (CENSORED) BEEP FBLEEP SHBEEEEEEP...
Yeah see I can't do nothing, it won't let me.

Well lets just say that after 9 years they don't talk to me that way.

starry night
10-09-2010, 09:32 PM
I realize this is just a forum for having interesting discussions. But
why all the conjecture? The law is what the law is (in Texas. in this case.)
Opinions are fine if we want to say something about the OP's judgment or his tree-trimming skills. But as far as the laws are concerned, let's just wait to hear what shakes out for the OP.
(Unless you know 100% what the laws are in Texas.)

topsites
10-09-2010, 09:35 PM
I realize this is just a forum for having interesting discussions. But
why all the conjecture? The law is what the law is (in Texas. in this case.)
Opinions are fine if we want to say something about the OP's judgment or his tree-trimming skills. But as far as the laws are concerned, let's just wait to hear what shakes out for the OP.
(Unless you know 100% what the laws are in Texas.)

Y'all think I ain't never had the cops called on me before?
Flol hahaha omg man...

Did you guys start "scaping like, last week?

yardguy28
10-09-2010, 10:03 PM
I realize this is just a forum for having interesting discussions. But
why all the conjecture? The law is what the law is (in Texas. in this case.)
Opinions are fine if we want to say something about the OP's judgment or his tree-trimming skills. But as far as the laws are concerned, let's just wait to hear what shakes out for the OP.
(Unless you know 100% what the laws are in Texas.)

thats a good idea. but lets not be telling somone they have no idea what they are talking about regarding the law.

yes laws are different from state to state. so unless someone knows where i'm from and knows what those laws are, someone from a different place can't say i don't know what i'm talking about.

i may not know texas law but i sure know what my laws are in my state and what will and won't fly and what you can and can't do.

so the trespassing god can stick his "by and far you don't know what your talking about" statement............

RHill
10-09-2010, 11:14 PM
Requirements are different in different states, but by and large, you don't know what you're talking about. Particularly not in Texas.

You are right, mbrew, he doesnt know what he is talking about.

Big Bad Bob
10-09-2010, 11:33 PM
I dont have pictures. If she comes back with something crazy than ill have someone go out and check it out. Im hoping that worse case ill pay a pro to clean up my mess and thats that . I dont think the traspassing will stick or that shes going to push the traspassing .

I would say get pics immediately, regardless if they press any kind of charges or sue. You don't want them doing some real hack work and blaming it on you.
Better to have pics and not need them than to need pics and not have them.

cpt87gn
10-10-2010, 12:23 AM
your right i should get pictures.

rain man
10-10-2010, 12:42 AM
Common sense will play a large part in this. Try to keep your dad out of the legal picture. (this part is serious).

If it goes badly though...You are just a one man operation that rents a room and has very little money. You don't know anything about the tree but if they can prove you do then you are sorry. No damage was done but if they can prove it is damaged then you are sorry. The damage done is only temporary in your professional opinion but if they can prove differently then you are sorry (and poor). You will be glad to pay $10.00 per month if they think it might help. Do not pay the $10.00. Wait until the lady goes through the red tape and paperwork to force you to pay. This will cost her. (this part is not serious but yeah, I had a lady who owed me quite a bit of money do something like this to me...and it worked).

h2oskier
10-10-2010, 01:39 AM
He said he was trimming bush es, witch bush did he trim that is the question. Maybe we should get the babysitter on the phone.:laugh::laugh::laugh:

JohnBanks
10-10-2010, 01:49 AM
Lesson one: Arborist are tree loving idiots and make her understand that.
Lesson two: Trim the tree properly
Lesson three: Inform her she needs to trim her damn tree so it doesn't happen again. Don't take crap from people like her, they will run all over you to you put them in their place. Trespassing is a joke, tell her good luck. Also tell her if she has any more time on her hands you could use a part time worker,, things like that

ajslands
10-10-2010, 01:57 AM
witch bush :

The one that was on a flying broom!
Posted via Mobile Device

starry night
10-10-2010, 01:00 PM
I just read Texas Penal Code, Section 30.05. It is very clear the OP was not guilty of trespassing.

topsites
10-10-2010, 01:18 PM
Oh well, who cares, he hasn't even took pictures yet so seeing how it is clear
the OP doesn't really care what comes of it, why should I?

Big Bad Bob
10-10-2010, 02:15 PM
Oh well, who cares, he hasn't even took pictures yet so seeing how it is clear
the OP doesn't really care what comes of it, why should I?

Good point. We can't even determine if he did hack or not.

cpt87gn
10-10-2010, 04:54 PM
I havn't took the pictures because i didnt want to be snooping around and getting anybody going,i think the Neighbors are feuding. but i wasnt thinking about covering my but which i should as soon as the tree lovers results come in depending on what thay say .

Big Bad Bob
10-10-2010, 09:19 PM
I havn't took the pictures because i didnt want to be snooping around and getting anybody going,i think the Neighbors are feuding. but i wasnt thinking about covering my but which i should as soon as the tree lovers results come in depending on what thay say .

I'd take them before the arborist gets there.

LawnEnforcement25
10-11-2010, 01:15 AM
you need to get over there and start snapping photos. who knows who they may get out there to take care of it thinking they can just send u the bill, or fix it and then take u to court. u need to cover your tracks while they are fresh. ask your client if you can go over there and take some pics, and if possible take some of the area you were in when you were in the neighbors yard. take pics of the tree as it hangs over any other place other than the owners property for proof that its a nuisance. get good shots of your handy work and make sure its yours and not that they have gone out there and tried to fix it and messed it up more.

unit28
10-11-2010, 09:51 AM
sparky isn't getting a bill, or a date with the lady that's playing hard to get.

If anything it's off the property line know and she has to deal with it.

It was her responsibility to maintain it. Once it invades air space of an adjoining property it's fair game...to bad.

In TX we have many cities with an ordinance that says if a tree is in the right of way the city will cut it, just the same..to bad.

If the tree is a safety hazard the owner of the tree can be held liable for any damages.

...to bad for her how it was cut. It's not astheticly pleasing to her know but it wasn't pleasing to the adjoining property owner to have it invaiding their property.

now where's my AX....here's Johnny!

MarcSmith
10-11-2010, 10:17 AM
It was her responsibility to maintain it. Once it invades air space of an adjoining property it's fair game...to bad.You are correct


If the tree is a safety hazard the owner of the tree can be held liable for any damages. you are correct so long as the owner of the tree is notified in writing once you know of the hazzards...

...to bad for her how it was cut. It's not astheticly pleasing to her know but it wasn't pleasing to the adjoining property owner to have it invaiding their property.you are correct

however, if you cut a tree that's over hanging the line to the point it does irreparable harm to the tree OR damages the tree to the point it is no longer esthetically pleasing to the owner of the tree.

It becomes YOUR problem.

which means you need to cut the offending branches PROPERLY. Failure to do the job right will open the proverbial can-o-worms as the OP is now finding out.

unit28
10-11-2010, 10:38 AM
hmm...
let me think,

oh yeah, to bad. sounds like a tree owner problem to me.
She's mad because now she might have to do some work she could have done in the first place but,
neglected to.

MarcSmith
10-11-2010, 10:59 AM
hmm...
let me think,

oh yeah, to bad. sounds like a tree owner problem to me.
She's mad because now she might have to do some work she could have done in the first place but,
neglected to.

the law is on her side... the OP potentially damaged her property...if the cuts were done properly, cleanly and neatly this never would have been an issue...

RoyalTree
10-11-2010, 11:19 AM
Ok here is the opinion from me, a certified arborist.

The tresspass charge will never be filed by the state even if she makes the complaint. A complete joke.


Hacking up her tree could cost you. I cant say to much without pictures, there are to many variables. What was the size of the branch? 12 inches plus? We deal with these kind of issues pretty often but talking to the neighbors and explaining what you are going to do and why you are going to do it that way ussualy resolves it rather easy. Being that you ripped branches and caused potential harm to the tree I would start covering my ass if I was you. I would contact a consulting arborist to come take a look and give you a report in writting as to the health and hazards of the tree in general and of your cuts.

Monetary damages for tree damage or loss of a tree are not unheard of at all, in all parts of the country. I know of a localconsulting arborist who serves as an expert witness for hire in many cases nation wide. There are specific guidelines used to measure the value of a tree.

Most likely it is nothing more than an old lady pissed because you hacked her tree and can be resolved with a proper pruning but make sure you cover your ass to not let it get to a courtroom.

unit28
10-11-2010, 11:45 AM
the law is on her side... the OP potentially damaged her property...if the cuts were done properly, cleanly and neatly this never would have been an issue...

one would think if she didn't negelect property lines then it
wouldn't become an issue.

She clearly admitted that when she said she
now would have to call someone to help her.
after the fact.

On top of that she understood that the op was unfinished in cutting and
making the finished pruning.

her bad.

coolluv
10-11-2010, 11:54 AM
the law is on her side... the OP potentially damaged her property...if the cuts were done properly, cleanly and neatly this never would have been an issue...

Exactly. What amazes me is some of these guys blame the owner of the tree. Sure she should have had someone come in to properly cut the branches that cross over the property line. But she didn't, so the neighbor decided to deal with it on her own. Laws vary from state to state and even from county to county, for instance some counties around here will let you put a fence on the property line and some want you to set it back a foot or two. It seems the OP made a few mistakes, first he didn't educate himself on the proper pruning techniques, and he went beyond the property line and hacked up the cuts he did make. He also let himself get into the middle of what seems like a neighbor feud. Not to mention he has no insurance. Some of you guys fail to realize that the owner of the tree can sue for damages to the tree if an arborist reports that the tree was permanently damaged due to the OP.

You guys that think you don't need insurance because you are just cutting grass and your not looking at the big picture. Too many things can go wrong that you had no idea something like that could happen, until it does. I had an incident where the grass was wet and I was mowing next to the side of a house and the mower slid and I lost complete control. I wasn't going fast or operating in an unsafe manor, it was just one of those things. I almost hit a gas meter and if I did I know I would have knocked it off the house,luckily I did not, but all I could think about was what could have happened. What happens when your machine throws a rock or a golf ball across the street and hits someone and they sue you for damages.

Insurance isn't for broken windows or small accidents, those you pay out of pocket and move on, its for when the big $hit happens that you never would of thought of and the judgment against you is thousands of dollars or more. But I guess if your a kid with nothing to take or lose, then you can run around without insurance, not me I have too much to lose.

I see it all the time with businesses, they will do work that they really only know enough to be dangerous at and will learn as they go and take money for improperly doing things, and do it with a clear conscious. I don't know how some of you sleep at night. Ive been around long enough to know a few things and I know that what comes around goes around, and if you believe that you are getting away with something, well you may be for the short term but baby let me tell you when it does come around your going to know it and it won't be pretty. To be successful in any business you have to be honest, and that means doing what you know how to do and not faking it till you make it using other peoples money to learn with. I spend a lot of time reading and studying things before I venture out and do it for someone, that is just the right and honest thing to do.

Dave...

coolluv
10-11-2010, 11:58 AM
Ok here is the opinion from me, a certified arborist.

The tresspass charge will never be filed by the state even if she makes the complaint. A complete joke.


Hacking up her tree could cost you. I cant say to much without pictures, there are to many variables. What was the size of the branch? 12 inches plus? We deal with these kind of issues pretty often but talking to the neighbors and explaining what you are going to do and why you are going to do it that way ussualy resolves it rather easy. Being that you ripped branches and caused potential harm to the tree I would start covering my ass if I was you. I would contact a consulting arborist to come take a look and give you a report in writting as to the health and hazards of the tree in general and of your cuts.

Monetary damages for tree damage or loss of a tree are not unheard of at all, in all parts of the country. I know of a localconsulting arborist who serves as an expert witness for hire in many cases nation wide. There are specific guidelines used to measure the value of a tree.

Most likely it is nothing more than an old lady pissed because you hacked her tree and can be resolved with a proper pruning but make sure you cover your ass to not let it get to a courtroom.

Good post, thank you.

Dave...

RoyalTree
10-11-2010, 12:19 PM
Sorry, forgot to mention it should be a board certified master arborist who preferbly is a member of the american society of consulting arborists. This is just incase it ends up in court and she brings a certified arborist. There are many arborist in san antonio who will say what she wants to hear for a fee. I only found two board certified master arborist.

Post some pictures of the tree and of the branches cut and I can give you more solid advice.

MarcSmith
10-11-2010, 12:36 PM
one would think if she didn't negelect property lines then it
wouldn't become an issue.

being that trees can't grow to a verticle line int he sky, although the power companies seem to think they can... for the tree owner to cut a verticle line straight up is no realistic. now if the branches are way way low or other wise dangerous, the OP has the right to properly prune back to the line, not beyond, and again not to harm to the tree...

She clearly admitted that when she said she
now would have to call someone to help her.
after the fact.Not every one is handy. some people need help doing things. I hire people to do things all the time that I can't do or decide not to do (pita jobs)

On top of that she understood that the op was unfinished in cutting and
making the finished pruning. After seeing the way the OP "butchered" her tree I would not allow the OP to continue either. You car gets in an accident and you take it to a body shop. they begin work on the car and you go take a look at the progress. in the course of doing the work on your car, they ding up other body panels, and rip the interior....would you let them continue to work on your car? I know I would not..

her bad.Nope...the OP took the responsibility of pruning the tree, he did it poorly by his own admission, HIS BAD

unit28
10-11-2010, 01:14 PM
I only found two board certified master arborist.

Post some pictures of the tree and of the branches cut and I can give you more solid advice.


I commend you for your advice and experience. Taking the time to help is very generous.

But the reason there aren't more certified arborist is because it's not required by law to obtain that level of education to provide a service.

There is a need for that education, but on the othr hand {fortunantly} we have free choice.

Thanks again for your time.

cpt87gn
10-11-2010, 05:45 PM
Yes thank you for your time. Her neighbor called me today the one that i did the first pruning for when the tree lady did give permission. And said that there not talking anymore and that she would testify for me that she was scared of the branches falling on them and that the tree has been neglected .and that they asked here to take care of the branches coming over to her side and that she wouldnt. Im on my way to take pictures if the guy that hired me is home.

lawnlandscape
10-11-2010, 06:18 PM
This is why we have insurance.
Posted via Mobile Device

Not only insurance, but this is why most of us stick to the areas we know and don't offer services in areas we are uneducated.

I would suggest you work for a landscaper for a couple of years or take some landscaping classes before you continue working on things you don't know how to do or know the proper laws for.

yardguy28
10-11-2010, 07:57 PM
however, if you cut a tree that's over hanging the line to the point it does irreparable harm to the tree OR damages the tree to the point it is no longer esthetically pleasing to the owner of the tree.

It becomes YOUR problem.

which means you need to cut the offending branches PROPERLY. Failure to do the job right will open the proverbial can-o-worms as the OP is now finding out.

i don't know the law in TX or any other state other than my own for that matter but.....

i find it hard to believe it makes a difference how the branches were cut if the branches were hanging onto someone elses property.

in my neck of the woods if a neighbors tree branches are hanging over on your property and you want to cut them down, they are fair game no matter how you cut them. you can cut them property you can cut them in the middle of the branch you can rip them off it doesn't matter.

i've seen branches cut in the middle of the branch because half the branch was on one property and the other half was on the other property. i've seen branches ripped out from a storm that caused it to rip in the first place so the neighbor just ripped it the rest of the way down.

maybe other states are much more strict but thats how things are done in my neck of the woods.

rain man
10-11-2010, 08:11 PM
Good post RoyalTree and agree Coolluv.

MarcSmith
10-11-2010, 09:31 PM
YG so lets say, you get POed at your neighbor whos tree overhang your lot. you go to the extreme and take the vertical slice and go straight up the propline and trim the tree to the line.

tree is now unbalanced and ends up dieing....as a result of your drastic pruning. You don't feel you should be responsible....???

I'd bet if you really studied the law in your states, you'd find that while you can prune to the line you will be responsible for consequential damages to the tree that does not reside on your property...

yardguy28
10-11-2010, 10:02 PM
YG so lets say, you get POed at your neighbor whos tree overhang your lot. you go to the extreme and take the vertical slice and go straight up the propline and trim the tree to the line.

tree is now unbalanced and ends up dieing....as a result of your drastic pruning. You don't feel you should be responsible....???

I'd bet if you really studied the law in your states, you'd find that while you can prune to the line you will be responsible for consequential damages to the tree that does not reside on your property...

i'm saying by law i would not be responsible. but yes i don't feel i should be responsible.

if you have a tree that has limbs hanging over onto someone elses property you should be responsible and discuss this with the neighbor. a tree on your property is your responsibility to take care of properly. not the neighbors responsibility. and if you aren't going to take care of your tree on your property then someone else will and they possibly might not do the kind of job you want done.

coolluv
10-13-2010, 01:36 PM
Any updates?

Dave...

BrunoT
10-17-2010, 12:14 AM
Live and learn. You were trying to be of service but weren't experienced enough to take it on.

Some of these cocky "I can do anything you dummies do, even though I've never even done it under supervision before, and screw getting any training or certification, that's for suckers, and who needs insurance" types might want to reread this one.

Stick to trees on your customers lawn, and pruning low limbs you can reach from the ground and that are a few inches thick. Beyond that hire a pro.

cpt87gn
10-18-2010, 04:25 PM
well i was hoping this just went away since she didnt call for a while. but today she called asking for my Insurance info I told her i would call her back.

MarcSmith
10-18-2010, 04:30 PM
did you get any pics yet?

gasracer
10-18-2010, 04:56 PM
I wouldn't give her any information without a police report...

Ladiesman217
10-18-2010, 05:14 PM
Knowing what type of tree you pruned, would go along way in determining its value.

MarcSmith
10-18-2010, 05:19 PM
this is why you have insurance. let them deal with the paperwork...and making her jump through hoops... not all incidents require a police report either...Id much rather have the police enforcing laws and catching bad guys than sitting in a squad car filling out some paper work because some lady thinks a landscaper killed her tree...

gasracer
10-18-2010, 05:29 PM
What she "thinks" it is worth maybe a long way from what a expert can save it for or the real value of it.

MarcSmith
10-18-2010, 05:35 PM
What she "thinks" it is worth maybe a long way from what a expert can save it for or the real value of it. thats my point....let the insurance company deal with it...wash your hands of it let the pencil pushers do their job. that why you pay your premiums...

gasracer
10-18-2010, 06:16 PM
thats my point....let the insurance company deal with it...wash your hands of it let the pencil pushers do their job. that why you pay your premiums...

I think he said in his first post that he had let his insurance expire and was not covered at the time of the issue. Now she is asking for his insurance information that he doesn't have.

MarcSmith
10-18-2010, 06:35 PM
I think he said in his first post that he had let his insurance expire and was not covered at the time of the issue. Now she is asking for his insurance information that he doesn't have.

Gas, you are correct. Post #19. I missed that.

In that case. tell you her you don't have any. and see what happens.

if he did that crappy of a job. then he has to own up to the mistake... That's part of owning a business.

And when you own a business thats not insured the consequences could be vary painful to him and his family.

the woman could be just blowing smoke as well.... if she realized that the OP doesn't have a pot to piss in, she may not spend money on hiring an expert and pursuing the matter. Some people will pursue an insurance company in the hopes of getting a quick payout , IE hushmoney, to make the problem go away. No insurance means no easy money... which means she'd have to front money first and then take the OP to court to try to get something from the OP...Chances are that won't happen... Unless he really Ffcked the tree up.

Which given the fact we have not seen any pictures, Really how hard is it to take a few pics, I'm beginning to lean that way.

Big Bad Bob
10-18-2010, 07:27 PM
Gas, you are correct. Post #19. I missed that.

In that case. tell you her you don't have any. and see what happens.

if he did that crappy of a job. then he has to own up to the mistake... That's part of owning a business.

And when you own a business thats not insured the consequences could be vary painful to him and his family.

the woman could be just blowing smoke as well.... if she realized that the OP doesn't have a pot to piss in, she may not spend money on hiring an expert and pursuing the matter. Some people will pursue an insurance company in the hopes of getting a quick payout , IE hushmoney, to make the problem go away. No insurance means no easy money... which means she'd have to front money first and then take the OP to court to try to get something from the OP...Chances are that won't happen... Unless he really Ffcked the tree up.

Which given the fact we have not seen any pictures, Really how hard is it to take a few pics, I'm beginning to lean that way.



I had a neighbor swear up and down that we sprayed his garden with weed killer because his tomato plants began wilting from heat and lack of water a month after we did the application. He wanted me to have my insurance company pay him for the veggies he lost because a sh#thouse lawyer told him not to consume the veggies from his garden. He even made a complaint with the state Dept of Ag and had them come out and take samples of his garden and analyze them. 3 months later the results came back and they found no pesticides of any kind on his plants. The sh#thouse lawyer told him to go ahead and sue me anyway because my insurance company would just settle. :hammerhead::dizzy: I didn't even bother the insurance company and let it go to court. He gave a 1 hour dissertation on pesticides and how they affect plant and animal life. After he was done rattling on I simply handed over my copies of the DoA report and within 5 minutes the judge found in our favor. Someone (sh#thouse lawyer I think) even contacted the Judge Judy show and they wanted us to be on it. I barely had time to go to local court let alone travel halfway across the country to be on that bitter b#tches show. :)

Big Bad Bob
10-18-2010, 07:31 PM
The point of my last post is that people are nutz and if you didn't do the damage they are accusing you of, then get someone competent to look at the tree and use them as an expert witness because she may try to get you to settle on something that is not a problem or can be easily fixed. Get those pics NOW before she gets someone to hack it worse just to win a lawsuit.

MarcSmith
10-18-2010, 07:52 PM
BBB I despise lawyers, and the fact the INS companies are quick to settle, which makes people even more sue happy...upsets me even more. which cause insurance rates to go up...

the OP can only hope that once the lady hears that he doesn't have insurance she realizes shes on a fools errand... If shes defiant and stubborn and decied to run with it...then the OP has a problem...

Darryl G
10-18-2010, 08:13 PM
trespassing charges can be filed just for someone walking onto the property and then turning around and walking off the property in a matter of seconds.

you don't have do anything on someone elses property before someone can file charges.

i could step onto your property and then step off and you could file charges.

doesn't mean they will hold up but you can still press charges.

You gotta be kidding me? Glad I don't live where you do. Where I am, that only applies if your property is properly posted with no trespassing signs (mine is) or if you ask someone to leave your property and they refuse. So you telling me it's illegal to walk up someone's sidewalk and knock on their door...dont' think so!

yardguy28
10-18-2010, 08:16 PM
Gas, you are correct. Post #19. I missed that.

In that case. tell you her you don't have any. and see what happens.

if he did that crappy of a job. then he has to own up to the mistake... That's part of owning a business.

And when you own a business thats not insured the consequences could be vary painful to him and his family.

the woman could be just blowing smoke as well.... if she realized that the OP doesn't have a pot to piss in, she may not spend money on hiring an expert and pursuing the matter. Some people will pursue an insurance company in the hopes of getting a quick payout , IE hushmoney, to make the problem go away. No insurance means no easy money... which means she'd have to front money first and then take the OP to court to try to get something from the OP...Chances are that won't happen... Unless he really Ffcked the tree up.

Which given the fact we have not seen any pictures, Really how hard is it to take a few pics, I'm beginning to lean that way.

could go the other way though as well.

if you were in a vehicle accident, a major one and the other driver was at fault and didn't have insurance wouldn't you be after them? i sure would. i'd be sueing them for every penny they had.

i see your point and it's a very good and possible one. but i could also see it going 180 degrees the other way as well.

i remember i did this shrub job for an elderly couple. when i did the estimate the guy pointed to and showed me exactly which shrubs he wanted done. i came back and when finished his wife paid me but asked about the shrubs i didn't do. i explained i was not told to do the other shrubs. she wanted them done and asked if i could come back and how much more it would cost. i told her and i came back.

no one was home that time so i billed them. month goes by no pay. i rebill. 15 more days go by still no pay. so i send a letter telling them i will turn them over to collection agency and i make some phone calls. still no pay. i turn them over.

within a week they sent me, the collection agency and the bbb a letter saying if i didn't provide a work order or stop the collection agency they would sue me, my business and the collection agency.

the amount for the invoice, $35. who in there right mind would sue over a $35 invoice?

Darryl G
10-18-2010, 08:27 PM
And you guys saying that it's the property owner's repsonsiblity to maintain branches hanging onto someone else's property....well then I'm in deep doodoo because I have hundreds of trees hanging over a dozen different neibhbor's yards.

MarcSmith
10-18-2010, 08:35 PM
YG

I agree It can go the other way. hence the reason for carrying insurance...better to have and not need than need and not have....and to be honest..insurance isn't that much...

yes if I was in a bad accident, and there was no insurance yes Id sue. if the person had money. again no money means you are just wasting money on a lawsuit which you'd never collect on...Again why throw good money after bad...why rub salt in the wound...


If the OP really Screwed the tree up then I'd be worried... if he just made a couple bad pruning cuts, then not so much so... but again..with no pics I am beginning to lean towards the side of the lady...

But the OP is in a bad spot now. in which hopefully he's documented what he did with pics and now that she's asking for insurance info means she's trying to take it to the next level. Once he tells her that he has no insurance. We'll see which way she goes...If she persists, then he'll have to get some experts to back his claim that he did not hurt the tree...Good luck...Of course in this case... his insurance would not have covered him sicne he was not insured for tree work...

chances are he'll get a visit from the locals authorities wondering why he doesn't have insurance and probably no biz lic. and she may be spiteful and call the irs...anonymous tip an all..

Patriot Services
10-18-2010, 09:00 PM
A bad pruning isn't likely to kill the tree. The OP legally cut the overhang and entered the property. I would not talk to her anymore. You have no obligation to provide insurance info. The more you talk to her the more panicky you look. Let her take you to court and prove the tree is dead and has to be be replaced. Take pics from neighbors side. If she confronts you just apologize and continue working on your customer or drop the customer and stay away from the area. It sounds like she knows you are scared and just looking for a payday.
Posted via Mobile Device

unit28
10-18-2010, 10:15 PM
I'd snatch that hefer right now and throw some harrasment on her.
Since the police were there initially about the issue and did nothing,
and now she's like a festering foot fungus after him without any legal persuant
documentation, is clearly a violation of harrasment.

If I were the OP and got a call from her, she'd get told to lose my number.

There's no violation of having tree limbs over hanging a property line, :unles it's deemed hazardous} then the owner of the tree pays for it. Other than that the neighboring property has every right to cut it off their property, which in TX incledes air space.

To bad she didn't let him finish it. Weathr it was him or him finding a sub to come and finish. Either way he left her with that option to finish and satisfy her, but she declined.

RoyalTree
10-18-2010, 11:03 PM
The tree does not have to be dead for her to collect monetary damages. She just has to prove that the work was done with negligence and that it reduced the value of her property. He allready has admited negligence here admitting that he ripped the cuts. As a general rule the value of a tree can not exceed 10 % of the value of the total property. It sounds like a decent attorney can make his life miserable.

I believe he said his father is the owner of the company and has substantial assets. It is time to cover ass, not ignore her and hope she goes away.


The fact that there are no pictures to prove any of his story makes me believe he really messed up this tree or he is making up the whole thing to get some attention.

unit28
10-18-2010, 11:14 PM
She couldn't collect damages on something she declined not in this lifetime.
Especially when that tree was already being neglected by her tree limbs protruding across the line.
Any half witted rookie could get that case won in the favor of the neighboring property owner. And once she declined to have the job completed the OP was cleared of negligence to satisfy the job.

yardguy28
10-18-2010, 11:32 PM
YG

I agree It can go the other way. hence the reason for carrying insurance...better to have and not need than need and not have....and to be honest..insurance isn't that much...

yes if I was in a bad accident, and there was no insurance yes Id sue. if the person had money. again no money means you are just wasting money on a lawsuit which you'd never collect on...Again why throw good money after bad...why rub salt in the wound...


If the OP really Screwed the tree up then I'd be worried... if he just made a couple bad pruning cuts, then not so much so... but again..with no pics I am beginning to lean towards the side of the lady...

But the OP is in a bad spot now. in which hopefully he's documented what he did with pics and now that she's asking for insurance info means she's trying to take it to the next level. Once he tells her that he has no insurance. We'll see which way she goes...If she persists, then he'll have to get some experts to back his claim that he did not hurt the tree...Good luck...Of course in this case... his insurance would not have covered him sicne he was not insured for tree work...

chances are he'll get a visit from the locals authorities wondering why he doesn't have insurance and probably no biz lic. and she may be spiteful and call the irs...anonymous tip an all..

you lost me.....

maybe we are talking a difference is states here but to my knowledge it's not illegal to not have insurance.

now the biz lic. i know has to be a difference in states because you don't need one for lawn maintenance here in my neck of the woods.

for the record i do have insurance. but i do not have a biz lic.

all i did was go down to the city county building and file my biz with them. i think it cost me like $11.

RoyalTree
10-19-2010, 12:23 AM
She couldn't collect damages on something she declined not in this lifetime.
Especially when that tree was already being neglected by her tree limbs protruding across the line.
Any half witted rookie could get that case won in the favor of the neighboring property owner. And once she declined to have the job completed the OP was cleared of negligence to satisfy the job.

A tree is not considered neglected just because it crosses someones fence line, you might be considered a bad neighbor.

Would you allow somebody to continue working on a repair on your property after they allready proved that they break more then they fix? Maybee I missed it but I didnt read anywhere that he has talked to her to try to fix the problem othere then telling her he was not finished.

Like I said before, lets see some pics or I think he is simply blowing smoke. We know way to litle to be making any real assumptions. Was this a 300 year old oak tree where he ripped 20 inch branches and took down half the tree or was it a 10 ft ligustrum she planted last year? I dont think we are getting all the info...

cpt87gn
10-19-2010, 12:32 AM
I talked to her and told her that i didnt have insurance and when i did it didnt cover trees, Of course she wasnt to happy but she wasnt rude she said that her arborist said the tree should die in 2 to 3 yrs and shes losing alot of value.I told her that ill have an arborist go out on my behalf and see what can be done .I pray that he can clean up my mess and we can move on . You guys are all right about i should have insurance and not be trimming trees if im not properly trained .but whats done is done and i hope i can get out of it with minimal damage same goes for the homeower , Heres the hack job pictures ,take it easy on me LOL. and sorry for the terible grammer.

Turf Dawg
10-19-2010, 12:45 AM
I am no tree expert but I do not think what you did will kill that tree. If I were you and could afford an Arborist to look at the tree and see about cleaning up the cuts. If you happen to trim some of your own trees in the future, remember to make a relief cut on the bottom first so you do not peel the bark and get a cleaner cut.

sdk1959
10-19-2010, 12:52 AM
I talked to her and told her that i didnt have insurance and when i did it didnt cover trees, Of course she wasnt to happy but she wasn't rude she said that her arborist said the tree should die in 2 to 3 yrs and shes losing alot of value.I told her that ill have an arborist go out on my behalf and see what can be done .I pray that he can clean up my mess and we can move on . You guys are all right about i should have insurance and not be trimming trees if im not properly trained .but whats done is done and i hope i can get out of it with minimal damage same goes for the homeowner , Here's the hack job pictures ,take it easy on me LOL. and sorry for the terrible grammar.

Maybe it's buried in the multiple pages of this thread but why does she or a tree surgeon say the tree is going to die in 2-3 years? Storm damaged trees suffer much worse and survive. Topping a tree is the worst pruning thing you can do to a tree and most of those survive. The only damage for sure that can kill a tree in 2-3 years is if a band of bark 6 inches wide or more on large trees was cut out around the trunk.

cpt87gn
10-19-2010, 12:52 AM
Yeah im sticking to lawns .I dont even like doing shrubs
And i called a professional arborist to go out asap Im waiting on his call.
Im hoping he can clean up the cuts and whatever else is needed.
I told her that i wasnt finish i was going to recut it a couple of inches shorter and spray the cuts with treecoat but she didnt let me at the time she was mad which is understandable.

Currier
10-19-2010, 12:53 AM
You did not hurt that tree. Its nice that you are kind. But she is jerking you around. She is fishing and hoping you will bite and give her $. Maybe you need to see the written and signed statement from her "expert" maybe run that by other professioals and see what they say?
Posted via Mobile Device

Darryl G
10-19-2010, 02:39 AM
Yeah, I'm no tree expert either but I did work as a ground man for an arborist, and although what you did certainly ain't pretty, no way it's gonna kill the tree and I think she's bsing you. You're doing the right thing to have it cleaned up by an arborist, even if you have to eat a good chunk of change.

What we used to do if trimming trees that encroached on a neighbor was to tell the owner that we could only cut it to the lot line without their permission, but it was better for the tree if we could cut it in a manner better for the tree and asthetics. I can't remember there being a single owner that wasn't understanding and didn't let us do it right. Now street trees, they can be a nightmare depending on where you are.

Richard Martin
10-19-2010, 06:03 AM
How did you cut those limbs off that high in the air? It's just a guess from looking at the fence but some of those cuts are 12+ feet off of the ground.

The overall appearance of the tree was destroyed by whoever cut that first large limb off just above the top of the fence. Your cuts just added insult to injury and further decreased the value of the tree.

I'm not a certified arborist but I have been around a while. 52 years and counting. Your cuts aren't going to kill the tree. Are they ugly? Absolutely. But as you've been saying, you're not done yet and they can be cleaned up and made more presentable. If the cuts are on her side of the property line and she has told you not to tresspass then there is nothing that you can do.

If she's looking for monetary relief she should call her own homeowner's insurance. A lot of policies cover "loss of landscape". I lost 2 large pines to lightning and State Farm gave me $1,600 for them. They wouldn't pay to take them down but they did pay for loss of landscape.

coolluv
10-19-2010, 06:49 AM
How did you cut those limbs off that high in the air? It's just a guess from looking at the fence but some of those cuts are 12+ feet off of the ground.

The overall appearance of the tree was destroyed by whoever cut that first large limb off just above the top of the fence. Your cuts just added insult to injury and further decreased the value of the tree.

I'm not a certified arborist but I have been around a while. 52 years and counting. Your cuts aren't going to kill the tree. Are they ugly? Absolutely. But as you've been saying, you're not done yet and they can be cleaned up and made more presentable. If the cuts are on her side of the property line and she has told you not to tresspass then there is nothing that you can do.

If she's looking for monetary relief she should call her own homeowner's insurance. A lot of policies cover "loss of landscape". I lost 2 large pines to lightning and State Farm gave me $1,600 for them. They wouldn't pay to take them down but they did pay for loss of landscape.


I thought the same thing, how the hell did he cut those that high. Those cuts are bad and the tree looks out of proportion now. I think she is full of it about it dieing in a few years. I would like to see the arborist report. Bad cuts can lead to disease and rot issues. I think if the cuts where cleaned up back to the collar the tree would be fine. I'm no arborist either and from Atlanta its hard to tell. I think the only thing she could sue him over is loss of value. The tree does look pretty $hitty now. Some one with some skills may be able to do some selective pruning and make it look better and even.

I can see trimming a few low branches that are hanging over the fence... but man the OP went waaaaaay to far. But then again, I would have never touched that situation with a ten foot pole.

I hope it works out for the Op and it doesn't cost him too much money to make it right. I am glad that he posted this though, because it brings to light in a big way about the importance of doing business legitimately with license and insurance etc. It's funny when you listen to some of these immature comments coming from these still wet behind the ears guys. You know most of them don't have insurance or a license or anything else. The more that read this thread hopefully will convince them to get legit and then I won't have to try and compete with the $25 lawn boys.

Dave...

mbrew
10-19-2010, 07:20 AM
That's a lousy looking trim job, but I see worse from tree services around here every spring. You should see what the companies that contract to the power company can do to a tree. If that was going to kill the tree, our tree population here would be down significantly.

I may post some pictures later of a tree on my property that has real damage caused by a bad trim job. I've been here 10 years and its not dead yet, although I'm going to have to take it out at some point.

If I were you, I'd try to get a professional tree guy to clean it up and give me a written opinion although the ball is really in her court as to what she will allow.

Good Luck to you. We've all screwed up at one point or another.

MarcSmith
10-19-2010, 07:56 AM
looks like a live oak...from the pics. Live oaks are pretty tough. Yep you screwed up the cuts. Nope won't kill the tree. I looks like the tree is already in a state a decline most likely from having the roots trampled/cut on during the home construction. Get an arborist report that states the cuts would not casue the tree to die nor would they affect the value of the tree and that the tree is already in a current state of decline.

have someone fix your mistakes. Don't paint the cuts. Get on with your life. If she decide to pursue it let her.

take copious amounts of notes... have the arborist when he goes up the tree take some better pics close up before and after. She could wait several years before filing a civil suit long after memories have faded...

YG not sure about TX but i would imagine some town, counties, ect want to see proof of insurance before issues of basic biz LIc.. I know in florida and DC i needed to show proof of insurance before I got my biz lic for squirt...Either way she can decide to be a thorn

Patriot Services
10-19-2010, 08:29 AM
2 to 3 years is well out of the statute of limitations for property damage in any state. She won't win a case on what may happen.
Posted via Mobile Device

unit28
10-19-2010, 09:04 AM
got a copy of her arborist statement?
That tree has a little less value now but it didn't have great value to begin with
The main trunk is leaning pretty far toward your clients property.
It also looks like any bit of wind will snap those long branches.

Above the tree owners playset is a rope that's tied around one of the branches.
Not sure {because I'm not a tree expert}but that could cause some health issue to the tree as well.

good luck

RoyalTree
10-19-2010, 10:08 AM
That looks like a Live Oak.

What you did is ugly :hammerhead: but in no way is going to kill the tree. The tree might very well have other issues that will eventualy lead to its death (make sure you get this documented) but those cuts will most likely not be it. Get an arborist to take a look at the tree and clean up your mess and you should be fine. She stands no chance of winning anything except maybee a litle lunch money.

If I was you I would make sure I get a copy of her arborist report. Also make sure that the arborist you get would trump hers in court, such as a board certfied master arborist. Many of them might be interested in your situation just for their experience. Some people are sue happy and willing to pay more in attorney fees then they know will collect just for their own satisfaction.

One more question, did you make any representation that you were insured before you started the work?

BrunoT
10-19-2010, 10:42 AM
After seeing the pics,

1. Good news. You're not dead or in a spinal ward after being that high up w/o proper safety gear and training.

2. More good news. I doubt those ugly cuts would kill the tree. Yes, they "might" cause more disease potential, but I see that kind of cut all the time on living trees.

3. Even more good news. If the lady didn't hand you a copy of the arborist's'report, it probably doesn't' exist and you're being BS'd and shook down for a settlement. Or if it does, it probably states the tree was damaged by construction vehicles romping over it. Which is how the vast majority seem to be damaged on tiny lots like this. I have 2 acres and had about half a dozen die off over 3 years due to the morons running bobcats or loaders right under them repeatedly before I bought it. The same variety trees away from the areas they drove on are still standing. Drought just sped them along. Tell her to show the report or leave you alone.

yardguy28
10-19-2010, 07:12 PM
i don't think the overall appearance of the tree looks that bad. the cuts aren't the greatest but as high as they care i can see how someone without the proper gear could produce cuts like that.

i also don't think the tree is going to die. like others have said storms have done worse damage to trees and they stay alive.

but what do i know. i don't really like big trees like that. i know they produce leaves which in the fall make me money but i prefer the ornamental trees that produce small amounts of leaves or no trees at all.

my favorite properties are the one's that have no trees or maybe just a tree or 2 and neither do any of the surrounding neighbors like you find in these new subdivisions now a days.

cpt87gn
10-19-2010, 07:30 PM
I have the arborist going out thursday evening Hopefully she just lets him clean up the cuts and spray them .and look wise, looking at it from her side of the street and yard you can tell much ill be out a couple of hundred but I just want it tobe over with. maybe now that she knows i dont have insurance and it would cost her to take me to court ,she back off a little.

starry night
10-19-2010, 08:00 PM
I have the arborist going out thursday evening Hopefully she just lets him clean up the cuts and spray them

Because this is a learning experience for you, please let me re-emphasize that those knowledgable in tree care do not spray cuts on trees. With proper pruning, trees will "wall off" the wounds on their own. (This was first mentioned in this thread by Marc Smith.) In fact, research indicates that spraying or painting wounds is probably detrimental to the healing process.

Big Bad Bob
10-19-2010, 09:46 PM
I have the arborist going out thursday evening Hopefully she just lets him clean up the cuts and spray them .and look wise, looking at it from her side of the street and yard you can tell much ill be out a couple of hundred but I just want it to be over with. maybe now that she knows i don't have insurance and it would cost her to take me to court ,she back off a little.

If he said he is going to "spray" the cuts, get another "arborist" because an "arborist" this one ain't. Not a good idea to spray anything on the cut. If it is cut correctly, the wound will seal and heal itself.

Big Bad Bob
10-19-2010, 09:47 PM
Because this is a learning experience for you, please let me re-emphasize that those knowledgable in tree care do not spray cuts on trees. With proper pruning, trees will "wall off" the wounds on their own. (This was first mentioned in this thread by Marc Smith.) In fact, research indicates that spraying or painting wounds is probably detrimental to the healing process.

Um, yeah. What he said. :)

ADLAWNCUTTERS
10-20-2010, 01:58 AM
Listen i am a police officer i would be business like. Tell her i would wave the bill for her tree encroching on my customer property.If she gets stupid tell her to go scrach her rear end and see her in small claims court.Don't lose any sleep over it she sounds like a nut.

MileHigh
10-20-2010, 02:40 AM
In CO you must have a license to professionally for any tree work above 10'.

2brothersyardcare
10-20-2010, 02:53 PM
dude leave the tree care to the professionals

STCL01
10-20-2010, 04:01 PM
Was the property posted with no trespass signs? If not. don't worry about it.

Were you insured when working at this property? If not, then you were working as an employee of your client, therefore, any damages caused by you while working there would be covered by the client's homeowners policy.

That is not correct. If you know the property line is there and cross it without permission you are trespassing. The fact that you got permission from the baby-sitter may or may not help you. The question there is whether you had an arguable right to believe that the baby sitter had authority to grant you permission. As for the tree, and the property line, that's a different issue, and either side can argue about that for a long time.

You are NOT an employee of the other homeowner. You are an independent contractor, which is going to relieve them of liability. The homeowner could possibly be liable if they told you to do something that they knew was wrong and you did it unknowingly. However, you still have the responsibility to check on things yourself.

I'd talk to my own lawyer and get some advice. You may or may not want to go over and play nice. With that being said sometimes nice is a hell of a lot cheaper than litigation.

southtx
10-20-2010, 05:10 PM
If thouse cuts are going to kill that tree....the tree down my block will be dead in 6 months. They took out branchs 3 times that size and didnt under cut and striped the ends and did not even seal the cuts. I think she full of it and wants someone to take it out on. My 2 cents.

Richard Martin
10-20-2010, 05:31 PM
That is not correct. If you know the property line is there and cross it without permission you are trespassing.

That appears to be the law in Texas but it doesn't apply in most places.

That's why they have POSTED NO TRESPASSING signs.

Darryl G
10-20-2010, 08:09 PM
About the baby sitter: Since she was presumably in control of the property at the time, I think she would be considered an "agent" of the property owner and therefore have authority to give permission to enter the property. Of course, this may vary from state to state. But in general, if you leave someone in control of your property, they have the right to make decisions regarding it.

starry night
10-20-2010, 08:22 PM
This thread is not really supposed to be about trespassing but many of you guys are driving me crazy with your conjecture about the law including some of you guys in Texas.

I'm not a lawyer and I don't live in Texas but I CAN read.

Texas Penal Code, Section 30.05 In short, it says there is no trespassing just because you enter someone's yard. There are two other factors mentioned. You are trespassing if 1) you had notice that the entry was forbidden or 2) you received notice to depart but failed to do so.

Big Bad Bob
10-20-2010, 10:33 PM
This thread is not really supposed to be about trespassing but many of you guys are driving me crazy with your conjecture about the law including some of you guys in Texas.

I'm not a lawyer and I don't live in Texas but I CAN read.

Texas Penal Code, Section 30.05 In short, it says there is no trespassing just because you enter someone's yard. There are two other factors mentioned. You are trespassing if 1) you had notice that the entry was forbidden or 2) you received notice to depart but failed to do so.

Why do you want to confuse everybody with a bunch of facts? :nono:

cpt87gn
10-20-2010, 11:14 PM
He didnt say he was spraying once again i asumed which is not a good thing.Ill know more tmw night hopefully we can come to an agreement.

JB1
10-20-2010, 11:22 PM
just the facts, was the babysitter hot.

bare spot
10-21-2010, 01:10 AM
that tree looks a cottonwood? stayed out on the plains in colorado and looks familar, had a shape like that and were pretty big..

topsites
10-21-2010, 03:37 AM
just the facts, was the babysitter hot.

Exactly, now I'm having to go out on a limb with this guess here that
she was likely just the wrong kind of hot.

topsites
10-21-2010, 03:41 AM
On a more serious note that's a load of bull, ain't no minor amount of pruning like what you did going to kill a tree that size,
my opinion is those folks are so FOS because they are trying to get money out of you!
Probably why she wasn't so happy to hear you had no insurance, but on the same note
it probably wasn't a bad thing to let this one in on it.

Because I got three trees in my front yard.
Yes, three.
That got split in HALF (big trees) by lightning 2-3 years ago.
And it wasn't pretty and I won't say they're perfect, but they're alive today.

No I didn't apply no salves or anything else, I simply cleaned up the mess and let'm be.
And I have cleaned up branches that were literally half the tree more than once, lightning or a
strong storm just whacked it out of there, never did anything for the tree other than clean up the mess.
To my understanding, all of these trees I have ever dealt with are alive today.

And I'm no tree expert either but if that tree's dying then it has something
wrong with it anyhow, like a disease or a fungus.
That or her so-called arborists are in cahoots.

I am no tree expert but I do not think what you did will kill that tree. If I were you and could afford an Arborist to look at the tree and see about cleaning up the cuts. If you happen to trim some of your own trees in the future, remember to make a relief cut on the bottom first so you do not peel the bark and get a cleaner cut.

Yeah, no doubt.
And back to earlier, those females definitely appear to be the wrong kind of hot.

mowZ06
10-21-2010, 09:59 AM
never heard of a bad tree cut killing a tree.

MarcSmith
10-21-2010, 10:03 AM
^ the cut would not necessarily have to kill the tree but to reduce is overall aesthetic value or weaken or unbalance the tree.

much like a scratch on you car doesn't change the way your car functions, it does affect its overall value though...

STCL01
10-21-2010, 10:32 AM
I'm not a lawyer and I don't live in Texas but I CAN read.

Texas Penal Code, Section 30.05 In short, it says there is no trespassing just because you enter someone's yard. There are two other factors mentioned. You are trespassing if 1) you had notice that the entry was forbidden or 2) you received notice to depart but failed to do so.[/QUOTE]

The Texas Penal Code only applies to criminal actions "criminal trespass", hence the definition. Remember there are two sides. Civil Trespass is the unauthorized presence on the property of another. READ TCA Bld. Co. v Entech, 86 S.W.3d 667. It's a 2002 Court of Appeals Austin case.

cpt87gn
10-21-2010, 11:35 AM
By the way all bs aside the babysitter is about 20 years old and was smoking hot!

starry night
10-21-2010, 11:43 AM
By the way all bs aside the babysitter is about 20 years old and was smoking hot!

So that's why you couldn't see to make the right cuts, you were blinded. :)

MarcSmith
10-21-2010, 12:01 PM
So that's why you couldn't see to make the right cuts, you were blinded. :)
for what its gonna cost him to get out of this mess I could have looked at a lot of free porn on the net...

starry night
10-21-2010, 12:04 PM
for what its gonna cost him to get out of this mess I could have looked at a lot of free porn on the net...

Instead you waste your time (and ours) on Lawnsite. :laugh:

MarcSmith
10-21-2010, 12:13 PM
Instead you waste your time (and ours) on Lawnsite. :laugh:
ouch.....that stings. I'd like to think that there have been some good nuggets of info and that i have helped folks over the years... if not I'll leave...*trucewhiteflag*:)


serious note. it is good that you can at least laugh about the incident... noone got hurt, no one died, and at the end of the day thats whats really important..

starry night
10-21-2010, 12:21 PM
.....serious note. it is good that you can at least laugh about the incident... noone got hurt, no one died, and at the end of the day thats whats really important..

You are right. And it amazes me that a relatively simple matter as this has now gone on for 189 posts! (And I've contributed my share.)

MarcSmith
10-21-2010, 12:24 PM
lets make it 190 :)

and the fact that we all now know what happened and folks are still rubbing salt in the wound...

Darryl G
10-21-2010, 01:38 PM
Well, I will say that I think the OP has handled this fairly well. I feel he's been honest with us and has listened to our advice and learned a valuable lesson and is now trying to make things right. But not sure he's gotten an estimate form the Arborist yet, so that could change, lol. It could easily cost him more than he made on the job.

cpt87gn
10-21-2010, 05:45 PM
Yes i have learned a lesson . I read a lot of post on here and some a real helpfull and If someone reads this one and helps them not to make the mistake i did than thats great. she just called me and canceled today she had something at school with her kids. will try and take care of it next week .

Big Bad Bob
10-21-2010, 06:19 PM
Yes i have learned a lesson . I read a lot of post on here and some a real helpfull and If someone reads this one and helps them not to make the mistake i did than thats great. she just called me and canceled today she had something at school with her kids. will try and take care of it next week .

I don't think she wants another tree guy to look at it.

unit28
10-21-2010, 06:31 PM
she just called me and canceled today she had something at school with her kids. will try and take care of it next week .

not up to her to make an influencial opinion to your team.
Go with your schedule, if she can't meet it then to bad for her.

Maybe the babysitter can open the gate for you?:)

ajslands
10-21-2010, 06:43 PM
Wow I just looked at the pictures, how did you get up that high!? Your lucky your not dead!
If it were my tree I would have yelled at you for climbing it!
Posted via Mobile Device

Darryl G
10-21-2010, 07:35 PM
I can get limbs up pretty high with my pole saw. Once you get over 3-6 foot poles it gets a little tricky. But with 4 poles and my reach, I can drop stuff from 25 feet. Just gotta make sure to stay in your slot and that you're NOT standing under it when it falls.

yardguy28
10-21-2010, 09:50 PM
I can get limbs up pretty high with my pole saw. Once you get over 3-6 foot poles it gets a little tricky. But with 4 poles and my reach, I can drop stuff from 25 feet. Just gotta make sure to stay in your slot and that you're NOT standing under it when it falls.

how do you make a clean cut at that height with that many poles though?

the only tree cutting i've done is on my own property and family members. my grandpa worked for the telephone company and has the old wooden pole saw and lopper with extensions. i've used maybe 3 extensions and it's hard to cut all the way through. once you hit a certain point the limb wants to rip the rest of the way off.

punt66
10-21-2010, 09:52 PM
how do you make a clean cut at that height with that many poles though?

the only tree cutting i've done is on my own property and family members. my grandpa worked for the telephone company and has the old wooden pole saw and lopper with extensions. i've used maybe 3 extensions and it's hard to cut all the way through. once you hit a certain point the limb wants to rip the rest of the way off.

you have to under cut through the bark a bit first. I do it all the time. A good quality pole saw goes a long way.

2brothersyardcare
10-22-2010, 05:59 PM
you have to under cut through the bark a bit first. I do it all the time. A good quality pole saw goes a long way.

what kind do you use i just trow a line in the tree real fast and do it

Darryl G
10-22-2010, 07:49 PM
how do you make a clean cut at that height with that many poles though?

the only tree cutting i've done is on my own property and family members. my grandpa worked for the telephone company and has the old wooden pole saw and lopper with extensions. i've used maybe 3 extensions and it's hard to cut all the way through. once you hit a certain point the limb wants to rip the rest of the way off.

I usually drop things in sections. Ligthen it up first and then go for the main branch. It can be hard to under cut with multiple sections. I'll usually cut the branch 6 inches to a foot from the trunk and leave a stub and then cut the stub off. I use the Stihl pole saw and blade. The blade is great because it has a hook on the end so you don't accidentally pull out of your slot. Great unless you pinch it and get it stuck anyway.

My tree work on customer's properties is limited to small take-downs and low/hazardous limbs, but as I mentioned in a previous post, I used to work for an arborist as a ground man. I've done a lot of tree trimming on my own property over the last 10 years. I have 1/2 mile of private driveway that I maintain at least 12 feet wide and 12 feet tall.

yardguy28
10-22-2010, 08:12 PM
i stick to my own property and my family's. i'm not a licensed tree person and i don't really have a lot of knowledge about them. i do know where to make cuts but thats about it.

the only limbs i would remove from a clients tree are one's i can keep my feet on the ground and use my loppers.

did an estimate a long time ago for a guy who's backyard backed up to the highway and they were getting ready to do some major construction on the highway and were gonna clear out the bushes and what not in the people's backyard.

he wanted it done properly and i gave him an estimate for removing the bushes but told him i could do the trees. he said why not. i told him i don't do trees. he didn't understand. told me when he was my age he would do anything to make a buck. i told him for one i wasn't licensed and insured for tree work.

needless to say i didn't get the job.

cpt87gn
11-03-2010, 12:44 AM
I took my arborist out there on monday and i thought it went well .He said that he could fix my mistakes for 300$ and he had a good talk with the owner and explained things to her and then i get this email the same day. heres he arborist report. Boy is she making me lose sleep.


I discussed the situation with my husband and based on the damage done to the tree and the repairs that are needed to correct them and give the tree the best possible chance to survive and due to the loss of the aesthetic value to the tree we are looking at $5,000.00. If this in agreeable amount we will have our attorney draw up the papers and settle.

We do not want to have to go farther into a legal battle then necessary, but as it stands now we are looking at a trespassing charge and not to mention that you were not licensed and boned as your flyer says you were.

Please let us know where you stand on this issue so we can get it resolved or move forward with the attorney's.

h2oskier
11-03-2010, 02:45 AM
LOL the appraise value, is this person seriously confused? Seems that if this were the case someone needs to be informing the IRS on the neighbor for unpaid back taxes. And as far as the $5,000 the homeowner is willing to settle for, have to laugh excuse me but that just happens to be the max they can sue for in small claims court. I would push the issue a bit if it were me and offer $1,200 and see if their attorney calls you then. I would love to see how this finally works out for you, as i would be charging the owner of the tree a lot more than what the true value of the tree would be to even get involved. If you need a legal opinion PM me.

malinois1
11-03-2010, 07:19 AM
I would tell her I would give her the $360 and the $210 recommended by her aborist to fix the damges. If she doesen't like that she can go fly a kite! The report also says the tree is in bad condition due to drought and constuction damage! Eff her

MarcSmith
11-03-2010, 07:56 AM
I'm with MAL on this drought stress, construction stress, stone ring...the tree would not be in bad shape that quickly after one pruning. real profession report to say "butcher pruning" trespass isn't an issue as the baby sitter who as acting as an agent for the HO allowed access., and you are able to legally prune back to the line, so long as you don't injure the tree

now the fact that you were claiming to be licsned and bonded, and you not...false advertising...the judge may not look too kindly on that, but not relevant to the case.

Have your arborist write up the same report showing that the tree isn't harmed by the pruning but most likely the construction and drought. and that you are legally able to cut to the line. let her see the report, but do not leave a copy with her. Offer to pay her arborist to fix the pruning and pay for the injections (total BS)

if she decides to lawyer up let her. it will cost her more, and then let her take you to small claims...nice thing about small claims no lawyers and generally they will force arbitration as a first effort to resolve the case.

the key is to stress construction and drought stress as the primary factors for the tree to look bad, not the pruning.

mbrew
11-03-2010, 08:11 AM
Is that report from your Arborist?

MarcSmith
11-03-2010, 08:17 AM
CPT87GN

I will say thank you for the follow up its not often we get the follow up. This is a good thread for new guys to read to learn from others mistakes and how important being properly insured can be...as well as the importance of knowing exactly what you are doing and what you are good at and not trying to exceed those boundaries. (no offense intended or directed at you)

unit28
11-03-2010, 08:23 AM
and the offer you made initially to finish the job was...Refused by her.

I'm sure to finish the job by your expense will include your initial free of charge offer.
And that includes your willingnes of using a certified arborist of your choice.

For the other arborist to say you made butcher pruning is slander as he didn't hear
the full story you were not finished..get it?

The extra soil and containr ring is killing the tree..not you.

good luck

coolluv
11-03-2010, 08:28 AM
I find that this Arborist report seems kind of shady to me. This guy seems like he is saying what the customer wants him to say and is offering his opinion on things he shouldn't. It doesn't seem professional to me, its almost funny what this guy writes. He should be concerned with reporting on the condition of the tree and make recommendations etc. Notice how he keeps saying butcher pruning, and mentions trespass. Why is he even commenting on possible trespass. Is butcher pruning an Arborist professional statement.


Seems unprofessional to me.

Dave...

Darryl G
11-03-2010, 09:08 AM
You can definitely tell that the arborist was working for the homeowner. His "spin" is so obvious that I agree with others that have said it's unprofessional. He is supposed to provide an unbiased opinion and it appears to be biased as hell. That letter would likely work to YOUR benefit in a court of law. Amazing that a tree in that poor of condition is worth that much money. If it was healthy the lady would be a bizzillionaire I guess, lol.

Patriot Services
11-03-2010, 09:18 AM
You need to just stop talking with this person and let her take whatever action she wants. If it means dropping the customer next door so be it. No more emails, calls and chasing your own tail.
Posted via Mobile Device

RoyalTree
11-03-2010, 10:45 AM
Where is your arborist report?

Judging from the number on the guy on the report he has been certified for a while. You best bet is to get a report from a board certified master arborist. This is the only thing that would trump her report in court.

All this being said, the fact that you made the cuts well inside her property it still sounds like you will end up owing her something....

txgrassguy
11-03-2010, 10:45 AM
First of all I haven't read all of the posts so if this has been said before . . oh well.

In Texas you may, without the adjoining property owners permission, trim over hanging branches which intrude on to your client's property. What you may not do which you apparently did, was to exceed the property line limit and cut into the tree off of the client's property.

Now, regarding the damage to the tree - I haven't seen any pictures but the arbory report is highly suspect as it didn't mention specifics governing existent condition of the tree prior to pruning, maintenance history of the tree prior to pruning, specific location - i.e. intrusion across adjoining property lines, etc, as well as any existent health issues, insect pressure, oak wilt in the area, etc.

Hopefully you have insurance covering your business in the advent this goes wrong for you.

I would recommend to the whiner that you pay for the clean up of the miss-cut branches, fertilization and no more. Get the agreement in writing with their signature and use this as a learning experience.

One final point you would be well advised to heed - when trimming Oak trees, especially Live and Red Oaks, you absolutely must start with sterilized equipment and you must immediately seal any wound on the tree regardless of size. Returning to seal the next day won't work as the insect that vectors the oak wilt pathogen can easily infect an open, suppurating wound during this time.

STCL01
11-03-2010, 11:09 AM
It's probably time for you to hire some legal representation and quit messing with her. It's funny that the arborist's report specifically devalues the tree $5000. That's a nice round number. You are going to have to decide how much you want to spend. Right now you can get out for $5000. How much will it cost to defend if she finds legal representation. By the way, you can now sue for $10,000 in small claims court. She shouldn't be able to collect attorney's fees on this, so she will either have to pay an attorney by the hour, or find one that will take it on contingencey.

You are going to need an arborist with good qualifications to write you a professional report on the tree. Your attorney, if you get one, can deal with the opinions of her arborist. Specifically, he is trying to give a legal opinion on tresspassing that should not be allowed. Your attorney should be able to keep that out or use it to discredit the other side.

You need the advice of a good attorney and an arborist to make monetary decisions on what this is worth. You've wasted enough time pissing around on here with questions and getting answers that are not necessarily correct, or do not apply to the Texas jurisdiction. I don't mean to offend you, but the forum is a place to get general answers and opinions. You need specific advice for your situation. The only real way that you are going to get that is to seek it from a professional with the knowledge and expertise to help you in your specific situation.

lawnworker
11-03-2010, 11:23 AM
Wow, I don't do tree work but I signed release would be required on this one, if I did. Judging by the Arborist report, he is in bed ( figuratively) with this lady. His writing is pathetically biased and stupid, but the point about being passed the fence line looks true. To me, it looks like the tree needs lots of pruning all around (raising the canopy). This should have been done any way. The limb near the plaintiffs house with the rope around it would be a good place to start to balance the tree out. This might go either way for you.

starry night
11-03-2010, 11:32 AM
............. but the forum is a place to get general answers and opinions. You need specific advice for your situation. The only real way that you are going to get that is to seek it from a professional with the knowledge and expertise to help you in your specific situation.


I agree. Who am I to tell people to stop but this seems like an appropriate place to end all the conjecture about how to trim the tree, or if the OP was trespassing, and especially legal considerations.

Let's just wait to hear what the shakeout is.

lawnlandscape
11-03-2010, 11:53 AM
STOP TALKING TO THE LADY, STOP THINKING ABOUT IT. It will probably disappear. If she wants to take more action she will anyway. You are digging yourself a hole.

h2oskier
11-03-2010, 01:26 PM
It's probably time for you to hire some legal representation and quit messing with her. It's funny that the arborist's report specifically devalues the tree $5000. That's a nice round number. You are going to have to decide how much you want to spend. Right now you can get out for $5000. How much will it cost to defend if she finds legal representation. By the way, you can now sue for $10,000 in small claims court. She shouldn't be able to collect attorney's fees on this, so she will either have to pay an attorney by the hour, or find one that will take it on contingencey.

You are going to need an arborist with good qualifications to write you a professional report on the tree. Your attorney, if you get one, can deal with the opinions of her arborist. Specifically, he is trying to give a legal opinion on tresspassing that should not be allowed. Your attorney should be able to keep that out or use it to discredit the other side.

You need the advice of a good attorney and an arborist to make monetary decisions on what this is worth. You've wasted enough time pissing around on here with questions and getting answers that are not necessarily correct, or do not apply to the Texas jurisdiction. I don't mean to offend you, but the forum is a place to get general answers and opinions. You need specific advice for your situation. The only real way that you are going to get that is to seek it from a professional with the knowledge and expertise to help you in your specific situation.

$5,000 is the max in Texas

Richard Martin
11-03-2010, 03:05 PM
Now, regarding the damage to the tree - I haven't seen any pictures

It's ugly. Here's one...

http://www.lawnsite.com/attachment.php?attachmentid=202477&stc=1&d=1287458648

bradseabridge
11-03-2010, 03:21 PM
That has to be one of the ugliest, most deformed oak trees I have ever seen. As far as I'm concerned he did them a favor taking branches off. That thing is hideous.

On a serious note. Get a master arborists report on that, show it to them and then leave them alone and wait for your court date.... if there ever is one, which I doubt.

unit28
11-03-2010, 05:05 PM
Before I blew up the picture I couldn't tell how close the tree was to the fence.

That thing is so close to the fence, the main trunk is almost touching it.

I'd be doing some work on it too.

yardguy28
11-03-2010, 05:41 PM
funny thing about trees. our neighbors just had 3 days worth of tree work done. one of the trees they leveled is on our property by a foot or 2. the fence we have has the "good" side facing in our property so the "bad" side faces there property. the tree is on the outside of the fence but still on our property.

the tree was half dead anyway so it's no big deal. it's just a funny thing when i think about this thread and our neighbors leveling a tree on our property without a single word being said to us.

Patriot Services
11-03-2010, 05:54 PM
funny thing about trees. our neighbors just had 3 days worth of tree work done. one of the trees they leveled is on our property by a foot or 2. the fence we have has the "good" side facing in our property so the "bad" side faces there property. the tree is on the outside of the fence but still on our property.

the tree was half dead anyway so it's no big deal. it's just a funny thing when i think about this thread and our neighbors leveling a tree on our property without a single word being said to us.
That should be worth 5000 dollars to you.
Posted via Mobile Device

yardguy28
11-03-2010, 06:10 PM
That should be worth 5000 dollars to you.
Posted via Mobile Device

if it weren't already dying, it might be.

keeps me from having to pay to have it dropped.

STCL01
11-03-2010, 06:44 PM
$5,000 is the max in Texas

No, that is not correct. It was a few years ago, but now Small-Claims Courts and Justice Courts have up to $10,000 in jurisdiction. That's why he needs to find someone who can give him accurate advice.

If you would like to check it out look at Tex. Gov. Code Ann. s27.031(a)(1) and s28.003(a).

h2oskier
11-03-2010, 07:17 PM
No, that is not correct. It was a few years ago, but now Small-Claims Courts and Justice Courts have up to $10,000 in jurisdiction. That's why he needs to find someone who can give him accurate advice.

If you would like to check it out look at Tex. Gov. Code Ann. s27.031(a)(1) and s28.003(a).

Get your law degree then post jr. ITS $5,000 as of today.

STCL01
11-03-2010, 07:23 PM
Get your law degree then post jr. ITS $5,000 as of today.

I have my law degree. Have had it for ten years. Try again. You are looking at the 1985 Legislative Session. Was changed in 2007. Here is the text.



Sec. 28.003. JURISDICTION. (a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $10,000.

(b) An action may not be brought in small claims court by:

(1) an assignee of the claim or other person seeking to bring an action on an assigned claim;

(2) a person primarily engaged in the business of lending money at interest; or

(3) a collection agency or collection agent.

(c) A person may be represented by an attorney in small claims court.

(d) This section does not prevent a legal heir from bringing an action on a claim or account otherwise within the jurisdiction of the court.

(e) A corporation need not be represented by an attorney in small claims court.



Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 745, Sec. 3, eff. June 20, 1987; Acts 1989, 71st Leg., ch. 501, Sec. 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 802, Sec. 4, 5, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 776, Sec. 4, eff. Sept. 1, 1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 383, Sec. 3, eff. September 1, 2007.

h2oskier
11-03-2010, 07:40 PM
does not exceed $10,000. Try to file see what happens LOL

yardguy28
11-03-2010, 08:15 PM
Get your law degree then post jr. ITS $5,000 as of today.

I have my law degree. Have had it for ten years. Try again. You are looking at the 1985 Legislative Session. Was changed in 2007. Here is the text.

:laugh: he burned you :laugh:

Keith
11-03-2010, 08:23 PM
Wow! You stepped in that one, skier :D You never know who you might be talking to.

STCL01, you handled that with class though.

h2oskier
11-03-2010, 08:33 PM
:laugh: he burned you :laugh:

NO now that his google search is over and he has called the court itself he has probably come to realize the MAX IS $5,000, and to the google search try to scroll more than 1 listing CLOWN:laugh::laugh:

h2oskier
11-03-2010, 08:36 PM
Wow! You stepped in that one, skier :D You never know who you might be talking to.

STCL01, you handled that with class though.

Like ive said in the past and will say again get the degree before you insert the foot in your mouth. As to his law degree if cracker jacks is handing em out i see where he got it, and to the lufkin TX. clerks office thanks for his misinterpretation of the LAW>:cool2:

yardguy28
11-03-2010, 08:39 PM
Like ive said in the past and will say again get the degree before you insert the foot in your mouth. As to his law degree if cracker jacks is handing em out i see where he got it, and to the lufkin TX. clerks office thanks for his misinterpretation of the LAW>:cool2:

and where did you get your law degree???

h2oskier
11-03-2010, 08:44 PM
and where did you get your law degree???

That would be uh University of Texas and to the critics please get your facts straight and call 936-634-8339 and ask for jo ann the county clerk for Lufkin Texas. LMFAO:laugh::laugh::laugh::laugh::laugh::laugh::laugh::laugh:

starry night
11-03-2010, 08:44 PM
h20skier: You sent me scurrying to google. I scrolled down the whole page and saw all references to $10,000 maximum except one dude selling a book which said it is $5,000 except in some cases, it might be higher.

Could you cite your source for $5000? Just curious.

jasontimm
11-03-2010, 08:45 PM
a lot of good advise on the last three pages. Here is my opinion...send her an email offering to have a licensed tree guy fix the mistakes, when she refuses keep the email for evidence, this will show that you put in a good effort to fix the problem, and shows that she is greedy, and just looking to make money on the deal, then cut off communication, stop dealing with her, i say this only because you have made several attempts to make things right, stop waisting your time. Dont worry about the trespass, i cant see this being a valid issue, especially because you did not intend to enter her property to cause harm. If she sues you, and she probably will, get another opinion on loss value, and tree condition (as suggested before) this is very important. as far as hiring an attorney, well that would probably cost you more than $5000.00 dollars, i wouldnt bother, you probably wouldnt need one if this stays in small claims court, if you loose, then take out a loan and pay the judgment and move on. I admire your honesty, you seem to have what it takes to be a good businessman because you have ethics, granted doing this work w/out insurance is a very poor choice, but i'm sure it will never happen again. Sad thing is, i would guess that most of us on lawn site have at one time have done simular things, but just didnt get caught...i know i did when i first started out. Good luck, and try not to loose anymore sleep over this.

h2oskier
11-03-2010, 08:45 PM
h20skier: You sent me scurrying to google. I scrolled down the whole page and saw all references to $10,000 maximum except one dude selling a book which said it is $5,000 except in some cases, it might be higher.

Could you cite your source for $5000?

Scroll 1 up

mbrew
11-03-2010, 08:51 PM
Just goes to show you that if you have one lawyer, life is good. As soon as the second one is made life is nothing but a fight.

starry night
11-03-2010, 08:55 PM
Scroll 1 up

Uhhhh. Jo Ann in Lufkin?

h2oskier
11-03-2010, 08:57 PM
Just goes to show you that if you have one lawyer, life is good. As soon as the second one is made life is nothing but a fight.

As the laws change from day to day it is hard to keep up but in this instance the law was $10,000 but as of last year they have lowered the max a individual can file for in small claims court is $5,000 because of the frivolous law suits that have been filed with the $10,000 dollar limit. NO HARM NO FOUL*trucewhiteflag*

STCL01
11-03-2010, 10:22 PM
OK, H20, I don't appreciate the snide comments about my work, but if I made a mistake it won't be the first or the last, and I'll certainly be man enough to admit when I'm wrong. Point me to where the law was changed last year. I can't find anything that references the law being changed in the last legislative session. If indeed you do have a license from t.u., then I'm looking at the West Pocket Part current througth the first called session of the 81st Legislature. There are also no notations on Lexis. So for now I'll stand by my statement that it's still $10,000 in both Justice Court and Small Claims Court.

It really doesn't make any difference to the analysis of the problem presented, other than what the plaintiff may be able to sue for without the expense of an attorney (you can represent yourself in courts with no record).

PM me and we can discuss this off the forum if you wish.

STCL01
11-03-2010, 10:27 PM
Just goes to show you that if you have one lawyer, life is good. As soon as the second one is made life is nothing but a fight.

There's an old saying that one lawyer in town will starve to death, but two will make money.:clapping:

cpt87gn
11-04-2010, 01:21 AM
Im going over there tmw night I told her to have her husband there .my offer is to pay for her arborist or mine to fix the cuts and the injection and thats it. take it or leave it .
Did i mention that all the neighbors back and both sides are on my side . they asked her several times to trim the branches back and some big branches fell in there yards before .the lady said she needed a mans help to carry them off and shes willing to testify in court.

topsites
11-04-2010, 01:57 AM
Please note, all attorneys and lawyers to assemble here tomorrow morning with your
bar card identification at the ready prior to heading over there to help defend...
Oh...
Wait.

I guess that was all talk.

Im going over there tmw night I told her to have her husband there .my offer is to pay for her arborist or mine to fix the cuts and the injection and thats it. take it or leave it .

I like your solution, it boils down to standing up for yourself and dealing with folks and their problems face to face.

Did i mention that all the neighbors back and both sides are on my side . they asked her several times to trim the branches back and some big branches fell in there yards before .the lady said she needed a mans help to carry them off and shes willing to testify in court.

No need for all that I don't think, but it's nice to have.

punt66
11-04-2010, 08:10 AM
Im going over there tmw night I told her to have her husband there .my offer is to pay for her arborist or mine to fix the cuts and the injection and thats it. take it or leave it .
Did i mention that all the neighbors back and both sides are on my side . they asked her several times to trim the branches back and some big branches fell in there yards before .the lady said she needed a mans help to carry them off and shes willing to testify in court.

I wouldnt give her a dime. She wouldnt allow you to finish the job. You did not trespass, you did not harm the tree, then she wouldnt allow you to finish the job. You owe her nothing. Dont waste your money.

mbrew
11-04-2010, 08:15 AM
Good Luck. I hope it goes well for you.

punt66
11-04-2010, 08:16 AM
$3000 is the maximum limit in Alabama small claims court.

$7500 is the most you can sue for in Alaska small claims court.

$2,500 is the upper limit in Arizona small claims court.

$5,000 is the max in Arkansas small claims court.

$5,000 is what you could get in California small claims court.

$7,500 is the limit in Colorado small claims court.

You can sue for $3,500 in Connecticut small claims court.

You could win a judgment up to $15,000 in Delaware small claims court!

$5,000 is the maximum limit in the District of Columbia small claims court.

$5,000 is the most you can sue for in Florida small claims court.

You can sue for up to $15,000 in Georgia small claims court.

The basic limit in Hawaii small claims court is $3,500, but you can sue for much more in some kinds of cases (see the book for details).

$4,000 is the upper limit in Idaho small claims court.

$5,000 is the most you can sue for in Illinois small claims court.

You can sue for up to $3,000 in Indiana small claims court.

$4,000 is what you could get in Iowa small claims court.

$1,800 is the upper limit in Kansas small claims court.

$1,500 is the most you can sue for in Kentucky small claims court.

You can sue for up to $3,000 in Louisiana small claims court.

$4,500 is what you could get in Maine small claims court.

$5,000 is the upper limit in Maryland small claims court.

The basic limit in Massachusetts small claims court is $2,000, but you can sue for much more in some kinds of cases (see the book for details).

$3,000 is the maximum limit in Michigan small claims court.

You can sue for up to $7,500 in Minnesota small claims court.

$2,500 is the upper limit in Mississippi small claims court.

$3,000 is the max in Missouri small claims court.

$3,000 is what you could get in Montana small claims court.

$2,400 is the limit in Nebraska small claims court.

You can sue for $5,000 in Nevada small claims court.

You could win a judgment up to $5,000 in New Hampshire small claims court.

$3,000 is the maximum limit in New Jersey small claims court.

$7,500 is the most you can sue for in New Mexico small claims court.

You can sue for up to $3,000 in New York small claims court.

$4,000 is what you could get in North Carolina small claims court.

$5,000 is the upper limit in North Dakota small claims court.

$3,000 is the most you can sue for in Ohio small claims court.

You can sue for up to $4,500 in Oklahoma small claims court.

$5,000 is what you could get in Oregon small claims court.

$8,000 is the upper limit in Pennsylvania small claims court.

$1,500 is the maximum limit in Rhode Island small claims court.

$7,500 is the most you can sue for in South Carolina small claims court.

You can sue for up to $8,000 in South Dakota small claims court.

The basic limit in Tennessee small claims court is $15,000, and you can sue for much more in some kinds of cases (see the book for details).

$5,000 is what you could get in Texas small claims court.

$5,000 is the upper limit in Utah small claims court.

$3,500 is the most you can sue for in Vermont small claims court.

The basic limit in Virginia small claims court is $3,000, but you can sue for up to $15,000 in some types of cases (see the book for details).

$4,000 is what you could get in Washington small claims court.

$5,000 is the limit in West Virginia small claims court.

You can sue for $5,000 in Wisconsin small claims court.

$3,000 is the maximum limit in the Wyoming small claims court.

punt66
11-04-2010, 08:19 AM
Now this is the most recent.



Texas Small Claims Court









Small Claims Guide
• What it is
• Try to settle
• Q&A
• Be prepared
• If you win
• State-by-state guide



Statues: Texas Government Code, Title 2, Subtitle A, Ch. 28, Sections 001-055; Texas Rules of Civil Procedure, Part V, Rules of Practice for Justice Courts, Rules 523 through 591.
Dollar Limit: $10,000.
Where To Sue: County where defendant resides. For contract suits, where performance is expected.
Service: By sheriff, constable, or court-approved disinterested adult (over 18 years of age). Service by certified or registered mail, along with notice by publication, by clerk of court.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: Defendant may file a written motion to transfer as provided by the rules governing Justice Courts.
Appeals: By either side for new trial, if amount in controversy exceeds $250; as provided by the rules governing Justice Courts.
Special Provisions: No equitable relief. Jury trial available if requested at least one day before trial.
Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This page was last updated in 2009. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.






Read more: http://www.consumeraffairs.com/consumerism/small_tx.html#ixzz14JNP4mYd

punt66
11-04-2010, 08:20 AM
There's an old saying that one lawyer in town will starve to death, but two will make money.:clapping:

You are 100% correct. Dont waste your time arguing about it.

unit28
11-04-2010, 08:49 AM
Im going over there tmw night I told her to have her husband there .my offer is to pay for her arborist or mine to fix the cuts and the injection and thats it. take it or leave it .
Did i mention that all the neighbors back and both sides are on my side . they asked her several times to trim the branches back and some big branches fell in there yards before .the lady said she needed a mans help to carry them off and shes willing to testify in court.


Hold on now young man.

now you got yourself wrong bud..
It's not to fix the cuts. It's to finish the job she refused to let you finish.

paying money for a refusel will get you a quick door slam from a scammer.
I'm sure it'll look like a big blank check to them, and lead you someplace you don't want to go.