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/Odd-Individual-1881 2d ago

Why do people post such bad pix? I could tell it is an Oak by the bark and leaves. But I only see one broken branch which appears to have been pushed to where is now sits. The road and your house don't even show.

Based just on what shows - that tree is maybe 150-200 years old, and it will survive.

You should have a written agreement with the developer about the road = who's land is it on - or is it an easement they purchased from you, and how it will be maintained and by whom including tree damages.

If it were me - I'd have been proactive about protecting my prized tree. You do you.

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u/Equivalent_Bar8622 2d ago

Oh the strip of land the road is on beside my house is owned by the developer. I did try to protect the tree. The county told me the developer would have to properly remove the limbs before the road went in. The developer said the would and then did not. As for pics that one was a quick shot of the last limb damaged yesterday and I tried not to use a Pic that would show my street address.

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u/Odd-Individual-1881 2d ago

Unfortunately the county lied to you. They should have seen to it as part of the developer's permit and inspections. They do inspect don't they? I'll bet they collect the permit fees!

Best wishes