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Question DetailsAsked on 2/20/2017

My nabor used my yard to remove trees, without my permision and casued damage to my driveway and yard what can i do

Came home from work and found my driveway blocked by trees and a skid-steer. My neighbor had hired a tree company to cut down three trees, and they dropped them on purpose across my drive way and into my yard with out my permission or even asking or talking to me. This caused a crack in my asphalt driveway, and multiply oil spots on my drive way where they busted a hydraulic hose on the skid steer. also they turned all my grass into a mud hole and cause a large depression where trees fell. the falling trees also cause minimal damage to three dogwood trees and one cherry tree and cause significant damage to another dogwood tree. What can I do. Were they trespassing. Is what they did illegal. Who do I need to contact. Should I contact my home owners insurance. I also asked owner of company for there insurance information and he refused to give it to me, which leads me to believe he is not insured.

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Late now - but police might still respond even though presumably it is now a day or more later - or they might say that if the evidence (equipment and trees and such) are gone you are out of luck. But with the physical damage still there - damaged driveway, torn up grass, damaged trees, dents in lawn from falling trees, probably some debris, oil staining, etc you probably have enough to file the complaint. Hopefully you got the company and owner's namers, or maybe ask the neighbor for them and if he has the contractor's insurance info - hinting non-committally that if the company's insurance pays for the damage maybe the neighbor will not have to pay for the damage.


The first thing to do would have been to call the police (given that there was significant damage and the tree service owner refused to give his insurance info) and file a police report for willful trespass and - oh, what would the other charge be - perhaps willful damage to property, and maybe willful endangerment if the house was potentially in the drop range of the trees.


The police would have gotten (at your request) the owner's info and insurance info and contractor and business and vehicle license numbers and such - which would then be in the police report and accessible by you. Because the skid steer loader caused damage to your property their might even be a motor vehicle bviolation or two in this. You would have to decide if the neighbor would be included in the complaint you file - but fail to do so and you are potentially losing some ammunition for recourse against his homeowner's insurance. Of course will tick him off - but if he let this go on (assuming he was home at the time) he is not much of a neighbor anyway. Could always be dropped from the complaint later if you wanted.


Calling the police would also have put a stop to the trespassing and locked the evidence in place for documentation - and possibly (at your request) have gotten any of the contractor's equipment that was on your property impounded - which would then be equipment you could have an attorney potentially put a lien on as protection against getting the damages repaired.


Certainly you should have also documented the damage and the presence of trees and equipment and such on your property - with photos, written description of situation and damages (with date and time, signed by you), etc.


Also document any neighbors who may have seen the work going on - name, address, phone number, etc.


While filing a claim with YOUR insurance company might well lead to them paying for the damage and then going against the neighbor and the contractor to recover, that would also be a claim against YOUR insurance - probably raising YOUR rates, The contractor's and neighbor's insurance are the ones to go against. However - going to your insurance company might be the quickest way to get an attorney on the case - though they can settle the case any way they want as long as the damages are repaired. Also - file with YOUR insurance company and you will be paying at least your homeowner's policy deductible - as opposed to paying nothing probably.


Sounds like you also might need an attorney specializing in trespass and proeprty damages on this - and I would say first thing tomorrow - because ultimately filing a civil claim against the company and maybe the neighbor will probably be necessary, even though it will likely not make it to court.


Answered 1 year ago by LCD

1
Vote

Late now - but police might still respond even though presumably it is now a day or more later - or they might say that if the evidence (equipment and trees and such) are gone you are out of luck. But with the physical damage still there - damaged driveway, torn up grass, damaged trees, dents in lawn from falling trees, probably some debris, oil staining, etc you probably have enough to file the complaint. Hopefully you got the company and owner's namers, or maybe ask the neighbor for them and if he has the contractor's insurance info - hinting non-committally that if the company's insurance pays for the damage maybe the neighbor will not have to pay for the damage.


The first thing to do would have been to call the police (given that there was significant damage and the tree service owner refused to give his insurance info) and file a police report for willful trespass and - oh, what would the other charge be - perhaps willful damage to property, and maybe willful endangerment if the house was potentially in the drop range of the trees.


The police would have gotten (at your request) the owner's info and insurance info and contractor and business and vehicle license numbers and such - which would then be in the police report and accessible by you. Because the skid steer loader caused damage to your property their might even be a motor vehicle bviolation or two in this. You would have to decide if the neighbor would be included in the complaint you file - but fail to do so and you are potentially losing some ammunition for recourse against his homeowner's insurance. Of course will tick him off - but if he let this go on (assuming he was home at the time) he is not much of a neighbor anyway. Could always be dropped from the complaint later if you wanted.


Calling the police would also have put a stop to the trespassing and locked the evidence in place for documentation - and possibly (at your request) have gotten any of the contractor's equipment that was on your property impounded - which would then be equipment you could have an attorney potentially put a lien on as protection against getting the damages repaired.


Certainly you should have also documented the damage and the presence of trees and equipment and such on your property - with photos, written description of situation and damages (with date and time, signed by you), etc.


Also document any neighbors who may have seen the work going on - name, address, phone number, etc.


While filing a claim with YOUR insurance company might well lead to them paying for the damage and then going against the neighbor and the contractor to recover, that would also be a claim against YOUR insurance - probably raising YOUR rates, The contractor's and neighbor's insurance are the ones to go against. However - going to your insurance company might be the quickest way to get an attorney on the case - though they can settle the case any way they want as long as the damages are repaired. Also - file with YOUR insurance company and you will be paying at least your homeowner's policy deductible - as opposed to paying nothing probably.


Sounds like you also might need an attorney specializing in trespass and proeprty damages on this - and I would say first thing tomorrow - because ultimately filing a civil claim against the company and maybe the neighbor will probably be necessary, even though it will likely not make it to court.

Answered 1 year ago by LCD




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