Fiber company digs 6 foot hole in Ohio Mom's yard, then refuses to pay

Advertisement
  • Large tree in grassy backyard with a swing attached to it.
  • Fiber company caused the removal of two 50ft Norway Spruce trees. Is it worth pursuing?

    My mom lives in Ohio and has a situation. A fiber company came to the neighborhood to lay fiber
  • They misjudged where the easement is and dug a 6 foot hole right next to two 50ft Norway Spruce trees in her backyard, cutting through some very thick roots to do so.
  • Some time later, my mom noticed that the end tree had started to lean towards the neighbors house.
  • So she called her arborist (who has been caring for these trees for years) and he confirmed that he believes the excavation was the sole cause of the tree leaning.
  • It would need to be removed, as well as the second tree, as removing the one would only cause the second to lean as well.
  • My mom contacted the fiber company and asked for them to just pay for the removal.
  • They claimed they were within the easement, but a city surveyor came out and confirmed that they were on her property.
  • The company then claimed the tree was already leaning (even though the arborist disagrees) and told my mom to pound sand.
  • My mom has photo evidence of everything, the excavation, the aftermath of the tree leaning, etc.
  • Is it worth my mom contacting an attorney? I'm not sure what two 50ft Noway Spruces costs to replace, but I'm sure it is not cheap...
  • And I think Ohio is a treble law state. What is your assessment of the situation?
  • It's a beautiful yard! And what a lovely tree, this would be a true loss if it had to be removed

    Cheezburger Image 10616598528
  • People had a lot of questions and answers for this person

    OfferExciting I assume the easement was on her property. Did the surveyor say indicate they were digging outside the easement?
  • fliggidaflee Original Poster's Reply Yes, the surveyor confirmed that they missed the easement by at least 8 ft and dug on the property.
  • OfferExciting If the easement is on her property then even if they dug in the easement it is on her property. Were either of the trees planted on the easement? Did they have to did outside the easement because the tree was in the way? If they didn't dig in an easement and the trees were not planted in the easement, then it sounds like you might have something to pursue.
  • fliggidaflee Original Poster's Reply The trees were not in the easement and the excavation was also outside the easement by at least 8 feet.
  • Green leaves on a tree.
  • Quite a few urged this person to get litigious

    fetfreak74 Sue them for all of the damages. DO NOT allow them to keep the fiber lines that were installed outside of the easement where they are. This is not just about the trees it is about the violation of your mom's property rights as well. They need to return everything back to how it was before they illegally used the property for their financial gain. IF you do nothing they will gain a new easement via adverse possession.
  • If you can't save the trees, at least get enough money to get yourself a fresh garden or something

    Skwirlydano Given enough evidence, yes, I'd pursue that with damages and replacement.
  • It's a valuable tree, and it absolutely was not leaning! Just look at that picture for proof

    Here_I_Am123 50 ft trees are valued at thousands of dollars EACH! The company needs to reimburse you for like size and type!
  • jag-engr >...a city surveyor came out and confirmed that they were on her property. This is not adequate documentation if your mother wishes to pursue this. Your mother needs to hire a surveyor to prepare an exhibit showing the property lines, easements, location of trees, and the location of the digging. This document and a report from the arborist are what she needs to have in hand to negotiate or go to court.
  • AncientPCGuy As long as you have a survey showing them outside the easement and evidence that the removal is due to the work performed, absolutely find an attorney and pursue. They cannot win against such evidence and they are just hoping you will be afraid of fighting.
  • Leafy in tree in backyard with sunlight shining through it.

Tags

Scroll Down For The Next Article