What are my options

I would try the neighborly way first but in a way that was direct and to the point. Who knows it might work but these days the issue is in doubt. If they refuse or become confrontational then go to local law enforcement then hire a professional as in attorney to take it from there. Your problem is not with the contractor IMO but with whomever hired them.
 
twodog max said:
I would try the neighborly way first but in a way that was direct and to the point. Who knows it might work but these days the issue is in doubt. If they refuse or become confrontational then go to local law enforcement then hire a professional as in attorney to take it from there. Your problem is not with the contractor IMO but with whomever hired them.
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I had a couple hard to work on large trees taken down recently, by a very professional outfit. He came out to see the job and give me a price.

Two of the trees were close to another house and he wanted to know exactly where was the property line. I showed him the survay stakes and all was well.

Then I had to sign the contract and there were a bunch of disclaimers in it that warn you what would happen if you gave him wrong info. Like cutting down a tree that was on the line or worse completely over on the other property, or his men or equipment going on land that was not yours or did not have permission to be there..

He told me that many people only assumed they knew their bounds and he was legally protecting himself.

Talked with him about that and he told me a few horror stories about tree and boundary disputes. That is why he makes sure all is right before he does anything. I know my land, even showed him the survay and all was OK.
 
Your best source for legal advice will be an attorney licensed in your state. That said, a few suggestions:

1. The tree trimming crew was employed by your new neighbor, thus your neighbor is responsible for damages caused by the negligence of his contractors or employees.
2. I doubt local law enforcement will get involved, most likely considering this as a civil matter rather than criminal. Even if the cops pursued a trespass complaint, that is no assurance of restitution for damages (even a conviction for trespass or negligent property damage could not even be admitted in a civil court considering a damage claim).
3. If the tree crew is legitimate there is probably a licensing agency with complaint processes and potential license actions, perhaps enough to prompt the company to settle or turn in a claim to their liability insurance company.
4. Your homeowner insurance policy may provide coverage, then subrogate the claim against your neighbor and/or the contractor.
5. A letter to the neighbor on an attorney's letterhead clearly stating your damages and any pertinent citations of law will carry much more weight than anything you might accomplish on your own. That puts the ball in your neighbor's side of the court; let him be the one to rip into the contractor he selected to do his work for him, and let him be the one to contact his new homeowner insurance agent to discuss a claim.
6. An hour of a lawyer's time now to consult and send a demand letter might be the best investment you can make.

Good luck.
 
You probably plan to live where your at for quite a while. You may well be stuck with those neighbors for a long time. Try the nice route first. Immediately going to the police will set the tonne for your relationship for a long time. Like I said go over and politely tell them the problem. Yes, they hired the contractors, they did not tell them to trash the neighborhood. If I hire a electrician and he backs out of my driveway and hits someone, I am not liable. Try to be a reasonable neighbor before lighting a fuse under the situation.
 
gjgalligan said:
Last thing I would do is contact the ins company. Probably cheaper to fix it yourself then the increase in rates that would follow.

I would go to the new neighbors and have a friend chat before I did anything else.
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Big difference between contacting the insurance company to get advice and filing a claim with them. People often do not realize that insurance companies have a reason to protect their client's rights/needs/property and they understand how systems work.
 
Three issues

1) Getting damage fixed
You want it fixed.

2)The cost
You should not be out the cost

3)Having a good neighbor.
If neighbor is honorable they will take care of it somehow or write you a check. If they won't, you could try taking them or the tree company to small claims court. Filing a police report would probably help. But how much do you want to upset your neighbor and can you handle the aggravation?
 
Larry,

Good luck. I hope your neighbor is an honorable man. If he is not, I strongly advise you to contact an attorney immediately.

Do not back down. Do not compromise. Do not give any quarter.

I was in a similar situation that went on for years. My neighbor was an evil sociopath with a bucket of money.

I prevailed in the end, however it cost tens of thousands of dollars, but I am still sane, alive, and well.

None of those three can be said of the evil neighbor.
 
I am so sorry to see what happened to you.

I am the lead foreman for a tree trimming company and can tell you that you were wronged in many ways. It would take to long for me to list them all.

I agree talking to the new neighbor politely would be the best way to start. Its possible they had no idea that it happened or were not even at home when this occurred.

I would find out the name of the tree company and see if they are insured.

After seeing how incompetent they already are you do not want them to even try to fix your property. Letting them try would be a huge mistake. I cannot stress this enough! Especially since water direction is involved.

Between your homeowners insurance, HOA and the tree company's insurance it should work out. Most HOAs require proof of insurance to work in the neighborhood if its outside work.

If your new neighbors should be appalled this happened and will give the tree company's name right away. They might even consider withholding payment until you are made hole.

If you want to talk privately about options feel free to contact me.
 
Ok folks, I'm back. Sorry for not coming back sooner, nice of some of y'all worrying for my safety. When I went to talk to them, nobody was home. I left a note on their front door asking them to call me. The wife got home and called me. The first thing I did was welcome her to the neighborhood, and said that I hated this was how we were first meeting. I explained the problem. She said she could see the damage from her kitchen window, and was very apologetic. I asked her about the tree guys and she said they found them on Angie's List. When she first said that, I was thinking Craig's List:eek:, and thought I was in trouble. Then I remembered Angie's List was the professional group.......I thought.

She said that one way or another they would see it was taken care of. She called the company to see if they were going to do anything. The owner answered the phone and told her they would take care of everything tomorrow. She relayed that to me, and texted me their phone number. I googled their number and was pleased to find out the outfit is a real company. The company's name is the owner's name followed by Professional Tree Service. It says he has been in business for over 20 years and is insured!!:)

While I was looking at his website, my phone rang and it was him. He apologized profusely, and promised they would get it taken care of to my satisfaction tomorrow! He said he "was pissed" because it is his reputation at stake, and he depends on referrals and word of mouth for business? Since he didn't really know what the damage looked like, I texted him the pictures. He texted back "Yes sir that is totally unacceptable and I will make sure we get it fixed for you and I'm sorry for your inconvenience". He also said he was going to straighten out his employees. I told him it would not be as simple as filling in the ruts with sand. He said they would bring in dirt, hay, and grass seed. I reminded him that it was winter and grass didn't grow very well. He said that he would bring a grass seed that grows all year long, and if by chance I was not satisfied, when it warms up, he would come back out and reseed it again. He said HE will be here with his workers tomorrow.

So, my neighbor and the owner of the company are saying the correct things. Hopefully they can follow through with their promises. I texted my neighbor to let her know that things seemed to be going in the right direction. She texted back "Ok. Thank you. I hope, really hope, so. I hate to think they ruined your property. Please let me know if you are unsatisified or they do not come." I think that I may have some really good neighbors!:)

I will let you folks know how things go tomorrow. Fingers Crossed!! Thanks again for all the support and advise you guys gave me. It is much appreciated!
Larry
 
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If they are unlicensed, it is most probably a misdemeanor crime for the first time they are caught, and a third degree felony for the second. Check the SC laws on unlicensed contractors. I'm quoting Florida's law, so it may be different there. Here, even the first offense is a hefty fine.
 
MetalMan said:
Unfortunately this is a sign of the times.

No respect for personal property and no responsibility for damage to other's.

There is no way that the contractor or new neighbors could not have been aware of the damages and should have stepped up to make things right.

That being said, I agree with "CrazyPhil" that you should be the adult in this situation and approach your neighbors in a conciliatory manner to ask for reparations.

If this approach doesn't work, then you have options as others have described.

Good luck!
Click to expand...

BINGO! No respect at all indeed.
This goes on in my neighborhood ALL....THE....TIME! Only here they will tell you they can do whatever they want. Even the law is hesitant to get involved. As a result, access to my PUBLIC street is often impossible...and it is getting a lot worse.
 
Well glad to hear you have decent new neighbors and a timely response from the owner. Thats a good sign.

It's up to you if you want them over to fix the damage. Its likely to settle the next few months depending on your soil.
Correctly it would be gone over with a roller and then re-sodded. The sod would give you added stability and a new topsail layer for grass to grow well.This time of year that is a bit tough to do if you have a dirt yard.

I would admit that it only takes one employee not on the ball to turn a great job into a train wreck. It happens but not usually on such an obvious situation as yours.
 
boykinlp said:
...So, my neighbor and the owner of the company are saying the correct things. Hopefully they can follow through with their promises. I texted my neighbor to let her know that things seemed to be going in the right direction. She texted back "Ok. Thank you. I hope, really hope, so. I hate to think they ruined your property. Please let me know if you are unsatisified or they do not come." I think that I may have some really good neighbors!:)...
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Very glad to hear how it is progressing. Your neighbors sound like good people.

Since the contractor seems so reasonable, perhaps seek his agreement to come back again in several months if the initial fix does not work out over time to your satisfaction.
 
mooosie said:
You might as well get off right with your new neighbors now, it will never be easier. You have pictures, send them to the attorney of your choice and sue for damages. Attorneys work on a percentage with these kind of cases so it won't cost you anything. Good luck. It is up to the new neighbors to control what people working for them do!
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Uhhhh....no we don't. That case is strictly on an hourly basis. Why should I assume the landowners' risk of litigation and spend a bunch of hours for a claim that at most is a coule of grand???.
I have been involved in neighbor disputes and believe me NONE end well. Period.
From the post, the poster does not know what if any part the new neighbors had in this. For all he knows they did not know nor gave permission for the truck to be on the property. The contractor is the primary liable party. Period. If you sue the new neighbor who then has to third party in the contractor what you have done is piss off the neighbor needlessly to get to the contractor. Not a smart way to do things. If the poster was my client, I would tell him to go to the neighbor with a "you might not have known what your contractor did but look at this....." Give the guy a chance to do the right thing. If he doesn't, I would counsel the offended party to go to small claims court sue them both and let the Judge sort it out. If you want me to do it-put up a $2,500 advance fee deposit that I will bill against at $250/hr. Sometimes you don't meed a plumber to fix something just sometimes you don't need a lawyer to do sometjhing.
I would also enlist the help of the HOA as if it is like most, there is some HOA nazi who will blizkrieg their backsides for you :D
Think twice before you go medieval on a next door neighbor or you might find him hanging catfish carcasses over the fence to air out (true story-this happened to my client years ago when I was a pup lawyer and sent a nasty lawyer letter to a neighbor complaining about him cleaning fish in his yard :eek:)
 
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