Tree damaged caused by trespass & unauthorized use

[J_sun]

I was referred to this forum through another; this is my first posting. I will try to condense this story. (to all who also are on arboristsite.com, this is the same posting I put there)

I returned from a two day work travel assignment to find one of the trees on my property had been damaged by a tree cutting service hired by a rental management company of an adjacent property. This tree company (I will leave them un-named for now), was hired to remove a dead locust from the rental property next door to mine. In order to direct the fall of this tree (in addition to a face cut), they set up a leverage system. This used two trees; one that was on the same property (on which they used a pully as is evident by the lack of damage), and one that was on mine!!! on which they did not use a pully as is evident by the resulting damage. I was not home, they did not get prior approval, they just did it. They trespassed onto my property over 30 feet over the obvious line (I have survey posts and flagging up because I am about to install a fence). According to two assessments I have gotten from certified arborists, they did not use a pully on my tree, they just ran the rope (or chain) directly around it and up to their truck (which would have been parked in my driveway) When cutting the dead tree, they lost control of it. This is obvious by a few factors, the tree did not fall into the direction of the face cut, the stump is now partially uprooted (was not before), the stump exploded into 4 sections (the tree was very rotten) and the tree fell across my survey posts and future fence line (thank goodness I waited for the fence???). The rope that was around my tree cut very far into the bark, through the cambium on about 1/3 of the bole.

So I am looking for input on a few things: 1. From the picture I attach, what is your assessment of the degree of damage and likelihood of survival of this tree? 2. Even if it will live, what is the likelihood of increased decline, sooner death, pathogens etc. *This tree, like all older locusts has some dead branches, but overall "was/is" alive and full of foliage in the summer. 3. What do you all think I am due from this unauthorized trespass, damage etc. -- just removal cost? Replacement and removal? Total tree worth (which would be less than removal cost I suspect) . . . more because of the unauthorized nature of this?

I know this may not be the most valuable tree in the world, but it is my tree, it was one of the nicest locusts on my land, it is very close to my house, and I did not give this company any permission what so ever to be on my land nor use my tree for this purpose. What does everyone out there think?

Please see attached picture. I have several, but will begin by posting just one fo the damage.

Oh yea, by the way, I forgot to mention, the company left with no note to me, no word to the rental folks that this happened. I guess they were hoping I woulnd't notice????

J-sun

 

[TheTreeSpyder]

Very sorry to hear that, more pix would be nice, mebbe even saved as .jpg and slightly smaller would be nice especially fer our dial-em-up brethren!

Obvious very rude, real damage to a high leverage position of support from Center of Gravity of lean. Really only time will tell; they will probably live, unless 'sensitive species'.

i would guess they used a chain or cable to choke, not softer line/rope device. Could also have used wider/softer sling/belt for less harshness than steel and spreading out grip over wider area for same grip, but less 'psi'. With a fight, near failure, life endangermeant and acting skeered that all that will bring etc.; they probably really nailed the pedal; this position taking a full hit/impact of truck/tractor. This kinda sounds like a 2/1 pull on target removal tree, with the other anchor being just a redirect pulley to truck/no advantage gained. The other tree used as anchor for system incurred up to 2x truck's/tractor's pulling, yours just had one truck/tractor pull (no pulley). If they were using a 4/1, the other anchor was getting the full 2x pull, your tree still 1x pull. Which would mean, their customer's tree got better care, cuz was paying bill!


Those are just guesses, there is damage, hopefully not death. There is liability, don't know how to collect. Might be 3 years or so before full damage evident.


<font color="green">From the Lessons of the Florida Hurricanes:</font>
Shallow Rooting in Over Watered Lawns let's Trees Fall - Pics

 

[Eric_E]

I would recommend speaking with a manager or owner of the company first. Try to go about it in a polite manner and ask them to come look at the situation. If you go at it with a open, non-acussing, non-threatening, manner they may be willing to work something out.

If that doesn't work, then I would look for a consulting Arborist with credentials, the more credentials the better for you in court. Having been involved in court cases, I would try to avoid it if possible.

Have you called the police to file a report?

 

[J_sun]

Re: Tree damaged caused by trespass & unauthorized

okey on the pic format. I didn't know that was an option. I don't think most of the pics will tell much more--but I'll look at what I've got and post a few more a bit later. I may need to take more pics, but we are in the middle of 2 days of rain . . . IT's hard to get the entire picture in one shot due to the distance between each of the 3 trees.

Hard to collect on unknown damage--might die, might live, might decline . . . that's the dilemna at hand.

Yes, I did post a police report. Our local city has by phone reporting--but I was told to expect 4-7 days before an investigating officer gets back to me. I guess I'll have to wait. . . . I'm sure tree damage isn't on the top of their list of emergency investigations

I'll work on putting more pics up in smaller format . .

 

[glens]

Re: Tree damaged caused by trespass & unauthorized

Here's the first one at 50% size and sharpened a tad. There will be two more, similarly treated, gotten from the thread at arboristsite.

Glen

 

[glens]

Re: Tree damaged caused by trespass & unauthorized

second

 

[glens]

Re: Tree damaged caused by trespass & unauthorized

third

 

[J_sun]

Re: tree dmg/trespass--What Should I Do next?

[ QUOTE ]
Here's the first one at 50% size and sharpened a tad. There will be two more, similarly treated, gotten from the thread at arboristsite.

Glen

[/ QUOTE ]

Glen: Thank you, how did you go about doing that? I was unable to reduce my pictures to less than the typical 750 KB they were saved at. Is there any type of picture, angle, etc. that would be most beneficial. I could try to take some more. I was also considering sketching a diagram of the position of the felled tree, the 1st pully tree, my tree, driveway etc. I can't really get all that in one picture.

I am at a crossroads. I have had two certified arborists, but not consulting arborists to my site--both who did an initial look &amp; see type visit. They both have offered general letters of what they saw, but of course need to charge for anything beyond that with estimates of damage. So, the next step will cost me money. It's hard to spend money for something that has happened to me by negligence. I've gotten a quote of $65 from one cert. arborist, and $75/hour from a Consulting arborist (who I have not yet made an appt with given my fear of the final costs).

I've gathered much info from both on site visits and all the help in two web threads--I await a letter from one arborist and the city police investigators call. I guess it is extremely hard for me to decide if I want to spend -- or how much I want to spend -- to determine what I am due. I am not sure how long I should let this linger, but feel I need to wait for the police departments input.
I guess I know at this point I will have to pay someone for a good quote of damages, I guess I want to spend wisely and go with what will be the best benefit for the cost. That is where I am stumped, I really don't feel I can swing $75/hour for the consulting arborist. But if I spend $65 for a certified arborist, will it be a worthy investiment?

So I guess this is my next request for advice, but I'm not sure if I am going outside the realm of an arborist site. Any input will be appreciated from those who perhaps have had more experience in this type situation.

 

[Tom Dunlap]

Re: tree dmg/trespass--What Should I Do next?

You're at a point where you need to qualify both people. Like any consumer decision this might take a bit of research. Think of it like buying a car.

Google is the place that I start. Do either of the people show up. What special training do they have? Given the choice between a CA and an ASCA Consulting Arbo, I'd go ASCA. Have either of them taken a case to court? What was that like? How much were the damages? Did it go to trial?

What method do they use for replacement? There are several being used and of them only a couple really work out in court.

I just thought of another idea. Have you contacted your homeowner's insurance company? Think of this in another way. If a person lost control of their car and smashed into your property how would you proceed?

If you can locate the assets of the tree company you're closer to getting a settlement. If you can find out where they bank you have the chance of garnishing any settlement. Otherwise, all of the consulting and judgements become an exercise in futility.

If you need to track down the rascals you could start to call other tree companies. In my experience these jokers will be known by the local pros. You might find a willing ally in your cause.

 

[glens]

Re: tree dmg/trespass--What Should I Do next?

[ QUOTE ]
[ QUOTE ]
Here's the first one at 50% size and sharpened a tad. There will be two more, similarly treated, gotten from the thread at arboristsite.

Glen

[/ QUOTE ]

Glen: Thank you, how did you go about doing that? I was unable to reduce my pictures to less than the typical 750 KB they were saved at.

[/ QUOTE ]
You're welcome.

I used the most excellent (as in unequaled) command-line tool "convert" which was included in my Slackware Linux installation. The tool is also freely available to you in Windows (assuming that's what you're using). If you want to avail yourself of it, holler and I'll give you a hand.

Glen

 

[marklam]

Jsun, my first thought,since it is a black locust and fairly young and healthy, it will probably heal up pretty well on it's own. The old orchard books say plaster some cow manure on a girdled trunk to help it heal. The moisture and I suppose nitrogen could both benifit healing. The rabbits just girdled an apple tree of mine so I wrapped it in plastic wrap to prevent drying out. Maybe a spray such as superthive would help too....

 

[J_sun]

Re: photo reduction

Yes, I would be interested in the program to reduce pictures you talk of. If you prefer to put this out of the tree talk, given it's a bit off the topic, email me at jacquisun@hotmail.com. Be sure to put "Photo Reducing Program" in the subject. You could end up in my "junk mail" folder and get deleted if I don't recognize the subject!

Thanks,
Jacqui

 

[glens]

Re: photo reduction

Follow the download link at http://www.imagemagick.org/, fetch the applicable package (something like 8 MB if I recall), then holler either here in the thread (where others may benefit) or via the PM setup. A search of this site for "imagemagick" returned three posts by me so far.

You're probably going to have to learn to do a couple of things with your computer that you've not done before, but they're easy as pie. You can do it!

Glen