# Need tree company advice please



## itsanaddiction (Aug 16, 2012)

Thanks for listening, I always appreciate hearing what you all have to say.Yesterday, my neighbor who do not know very well came over and told me he had hired a local tree company to remove a large elm tree from his property. He asked if the tree company could drive up my driveway to gain access to his property. Our homes are very close together and it was easier for them to access his back yard via my driveway, and then they wouldn't tear up his grass. I said yes they could drive their truck up my driveway to access his back yard and now wished I wouldn't have. I came home tonight and found my driveway had a lot of dirt on it, enough to make it muddy if it rained. There was debris all over and it was obvious they had removed the entire tree by coming back on to my land and down my drive way. They left quite a mess. Then I notice the edge of my pavement is cracked, and there are other cracks that weren't there before. There are scrape marks in my tar from some type of heavy equipment. I was not here, so I asked the neighbor how big the truck was that came up my driveway. He said it was a "pretty big truck", had a bucket and a boom on it, and they used a bobcat and "something big with a big grappler hook on it". My question is, what can I do from here? Who would you do if you were me?


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## ScotO (Aug 16, 2012)

I would most certainly get in touch with the foreman of that company and get him over there to show him the damage.  They owe you restitution for the damages!  Don't wait, do it soon while its fresh so they have to straighten the situation out.  You were kind enough to allow them access to the jobsite via your property, of they have any respect they will fix the situation.  If they don't, time to call the BBB in your area.  Just my. 02 cents .....


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## Thistle (Aug 16, 2012)

And dont forget to take 7 or 8 pics of differing views in case you need more proof in future. Do it quick before  heavy rains or anything else disturbs the evidence.


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## clemsonfor (Aug 16, 2012)

YES pics then call the company and get them to fix it.  If they refuse or just come and swweep the dirt out let them know that that was not sufficient and these cracks are the result of their equiptment.

All else fails you may be able to get you insurance company involved with a claim, then they will fight the other company for it, last resort. I would call that companies insurance first and talk with them, if insurance or company dont play ball call the police and file a damage report, then go to small claims. Most of this stuff i just mentioned in this last paragraph is last resort.


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## lukem (Aug 16, 2012)

Just call the tree company, explain your concerns. They might jump right out there. If they balk, just tell him "I'd hate to see you lose business over something like this". Hint, hint.

As stated, pics or it didn't happen is very important in this situation.


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## firefighterjake (Aug 16, 2012)

. . . or maybe come to an agreement . . . free wood for life!


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## jeff_t (Aug 16, 2012)

I used to drive big dump trucks, the 150,000 lb kind here in Michigan, and we did a lot of residential work. I would constantly have to explain to homeowners what would happen to their concrete driveway or sidewalk if I drove over it. Some understood, some had no clue anything would break. 

You gave them permission, but the possibilities of damage should have been explained to you. Residential driveways aren't meant to hold up a truck, and the tree service guys should know that.


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## Highbeam (Aug 16, 2012)

The cracks are one thing but the debris and mud is another. They need to at least clean up their mess. Your neighbor should be ashamed and feel responsible. What did he say about the mess?


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## clemsonfor (Aug 16, 2012)

YEa it kind of is your neighbors fault as well as yours. More his, but you did give permission, you did not ask the right questions and he did not disclose the type equiptment. BUT the tree service needs to question any access that they use saying "your sure... there could be cracks etc"


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## swagler85 (Aug 16, 2012)

When I poured concrete the drivers always had to have a waiver signed in order to drive over existing driveways and sidewalks. Cause most of those trucks will crack a driveway as soon as they drive on them. But also the cracks arent really going to hurt the drive as long as it had wire or rods put in it when it was poured. It is mainly just an eyesore. But that should have been explained to you. Also any mess on the drive should be cleaned up.


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## clemsonfor (Aug 17, 2012)

Well what did they say? I hope they at least sent someone out to sweep the drive or something.


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## itsanaddiction (Aug 18, 2012)

A thank you to all who responded. I did call the tree company the next morning, and got call back at 5pm. The foreman agreed to meet me at my home last night. He brought a broom. The broom did nothing, so I fired up my 215hp leaf blower and blew the dirt off the driveway. This exposed a few 4' to 8' long scrapes in the tar, and many places where the rocks in the tar had been dislodged leaving little pock marks all over from the bobcats spinning around. We pretty much argued for over 1/2 hour, I was adamant he did damage to the driveway he claimed no way he did it. It never got ugly. I told him I had never taken anyone to court in my life, but I would in this case. I told him I'd win too. He admitted to being the owner of the company and didn't really want to go to court. I told him I thought he did a thousand dollars damage to my drive. He offered $300. We settled for $400. I agreed to it. It's done and over and we can all move on with life. Thanks again for your thoughts and ideas, I enjoy posting here for this reason!


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## Backwoods Savage (Aug 19, 2012)

Glad it is over and done with. Lesson learned but at least you got something for the damage.


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