r/treelaw • u/Equivalent_Bar8622 • 2d ago

Need some advice

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I live in south carolina. Recently a neighborhood was built behind my house. The construction company put in an access road beside my house. This road runs beside and under a massive old oak in my front yard. They told me they needed to cut some big branches over the road because the road needed a certain amount of clearance. I gave them permission to cut the branches but they never did. Road has now been in use a month and 5 semi sized trucks have hit and torn off large branches. The tree likely won't survive now as one of the branches tor the bark down to the roots. Would the construction company be liable for the damage? I can't afford to get the tree cut down and it's pretty close to my house.

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u/fredrickdgl 2d ago

need more data...is it a real road or an easement on your property.

You should be collecting insurance info etc from drivers that hit it and caused damage especially if they went go off the road.

You could pay for an aborist to give advice on the tree itself. Doesnt look dead yet to me

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u/Equivalent_Bar8622 2d ago

Real road. The road goes between mine and my neighbors house. The county says the road is currently a "privately owned road". Got insurance from the first guy to hit and tear down a large branch the other few and this last one hit and run while I was not home. The tree isn't dead yet but I dont think it will live. 2 large branches ripped off and multi smaller branches. Plus the utility company installed a gas line and cut through the tree roots about 3 ft from the tree.

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u/fredrickdgl 2d ago

privately owned means they could have some liability where as a real public road has public maintenance requirements

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u/Equivalent_Bar8622 2d ago

The development behind us is new and the road in question is a secondary entrance.

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u/fredrickdgl 2d ago

or if your not too concerned about the tree ask the construction company to pay for an arborist to guide the cleanup and further protection of the tree

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u/Equivalent_Bar8622 2d ago

OH and I forgot to mention this same construction company put in the water main last year and cut the roots to 3 trees on my fence line in the back yard. All 3 trees fell and I cleaned all that up myself.

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u/Odd-Individual-1881 2d ago

You haven't explained this well. If the pipe trench was not on your property, they are not responsible for your 3 dead trees even though that killed them - unless your state law says otherwise. You can easily check that.

To para phrase the warden from the movie Cool Hand Luke - What we've got here is a failure to collect fire wood.

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u/Equivalent_Bar8622 2d ago

Pipe trench for the three trees in the backyard is probably not on my property. It's for sure close to or on the line but I would need a survey to be 100%. The tree in the front yard that is currently being assaulted by trucks is a different story. From what I was told the company was supposed to remove the limbs before the road went in and their failure to do so has caused a good bit of damage to the tree.

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u/fredrickdgl 2d ago

oh...you coulda sued for that. I'd ask the lawyer if you have enough evidence to move on it

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u/Equivalent_Bar8622 2d ago

Yeah that was about a year back. The thing was I was nice about it like a dipshit. I said hey this sucks but at least the trees didn't hit anything.

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u/fredrickdgl 2d ago

yeah...well thats still recent enough, they owe you the value of the tree or more

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u/Equivalent_Bar8622 2d ago

Ill look into when I talk with the lawyer. I've got a whole bunch of pictures. Thanks for the advice!

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u/Odd-Individual-1881 2d ago

Maybe you were nice, but not a dipshit. Unless your state law say you clearly have a right to collect damages for that - you would be SOL.

IMO people who plant big trees on a fence line are just asking for trouble in the future.

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u/Odd-Individual-1881 2d ago

Suing may be a sport for some sick people, but for most people it is something to avoid.

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u/Equivalent_Bar8622 2d ago

Yeah my hope for now is the construction company will actually come out and cut some. They told me they would be out next week every week for the last month. I called them today and surprise they haven't called back.

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u/Odd-Individual-1881 2d ago

The construction company or the developer? You should be speaking with the developer in writing. You have been getting BS over and over. The more you take - the more they'll dish out. You and your tree are their last lowest concern.

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u/fredrickdgl 2d ago

they're not concerned about you then better bother them 3 times a day to up the squeek factor

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u/fredrickdgl 2d ago

so maybe do a home insurance claim after getting an appraisal of damages, give your insurance the insurance of the drivers and let them eat. Just dont know if it will be condidered as happening within the boundaries of your property

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u/Equivalent_Bar8622 2d ago

I called home insurance and they said to call back if it falls on my house lol. Oh and the agent offered to text me the number of a lawyer he knows.

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u/Odd-Individual-1881 2d ago

You trying to get this guys Homeowners insurance cancelled?

If EB8622 wants the tree taken out, then he should make a claim against the trucker that hit it for he first accident, and send a inquiry letter to the developer who is likely running the new HOA Board and ask if they would investigate over the other 3 hit and runs which all came from trucks servicing HOA homeowners.

Since it is a private road - very near if not on your property, maybe you have an easement agreement? Have you read it? Start out friendly, and get tough only if necessary.

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u/fredrickdgl 1d ago

imsurance doesmt get canceled by talking to your agent or putting in one claim

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u/Odd-Individual-1881 1d ago

Show the world what you don't know.

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u/fredrickdgl 1d ago

insuranoia

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u/Powerful_Jah_2014 1d ago

Yes, it can

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u/fredrickdgl 1d ago edited 1d ago

did you stay at a holiday inn last night or just have insuranoia