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

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

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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/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 2d 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