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Nightmare neighbour chopped down my tree

  • Last Updated:
  • Jan 18th, 2013 6:39 pm
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Deal Addict
Nov 2, 2005
2476 posts
343 upvotes
Ottawa
zackweed wrote:
Jan 10th, 2013 2:58 pm
At least make sure you get it in writing. In clear detail, including size, species, time frame, and what not. Or else he can very well plant a $30 3 ft tree. A lot of ambiguity if you just take his word for it. or have a general letter saying he'll replant a tree.

Have it signed by both owner and contractor.
This. You can use it as an admission of guilt when you go to sue. Just make sure you don't acknowledge or accept anything.
Deal Addict
Jun 11, 2005
4882 posts
490 upvotes
Mississauga
MConley wrote:
Jan 10th, 2013 11:32 am
Thanks again for all your help.
Just another quick update...

I had a consultation with a lawyer about this and was told that the owner was legally responsible for the damage.
If I took this to court, I would serve him with the papers. If he wanted to, he could then sue his contractor on his own.

As I was getting ready to file the claim, I was again contacted by the owner.
He told me the contractor who is responsible has agreed to replant the tree himself.

What do you all think of that?
If my car was damaged, I'd expect financial compensation and the right to take it to a professional mechanic.
Should I trust a brick guy to install a mature tree on my property, or continue fighting for compensation knowing that I might never get it?
cdooer wrote:
Jan 11th, 2013 10:19 am
Or, maybe just go to a place that sells mature trees and get a quote on the same tree you had...installed professionally, and have the contractor cut you a check right now.
dirtmover wrote:
Jan 12th, 2013 4:39 pm
This. You can use it as an admission of guilt when you go to sue. Just make sure you don't acknowledge or accept anything.
If I was you in this situation I would go back to the lawyer and get a letter stating you want a cheque for value of the tree, installation and all taxes.
If you rely on him to supply and plant the tree the odds are the tree wiil die. If he dosen`t agree tell him you will take him to small claims court and put a lien on his property, also remind him the courts are backed up and it could take along time to hear this case and he won`t be able to sell his property until the lien is lifted.
Deal Addict
Jan 14, 2009
1072 posts
76 upvotes
antigua1999 wrote:
Jan 12th, 2013 5:18 pm
If I was you in this situation I would go back to the lawyer and get a letter stating you want a cheque for value of the tree, installation and all taxes.
If you rely on him to supply and plant the tree the odds are the tree wiil die. If he dosen`t agree tell him you will take him to small claims court and put a lien on his property, also remind him the courts are backed up and it could take along time to hear this case and he won`t be able to sell his property until the lien is lifted.
but how much does the lawyer cost?
Deal Addict
Jun 11, 2005
4882 posts
490 upvotes
Mississauga
MConley wrote:
Jan 10th, 2013 11:32 am
Thanks again for all your help.
Just another quick update...

I had a consultation with a lawyer about this and was told that the owner was legally responsible for the damage.
If I took this to court, I would serve him with the papers. If he wanted to, he could then sue his contractor on his own.

As I was getting ready to file the claim, I was again contacted by the owner.
He told me the contractor who is responsible has agreed to replant the tree himself.

What do you all think of that?
If my car was damaged, I'd expect financial compensation and the right to take it to a professional mechanic.
Should I trust a brick guy to install a mature tree on my property, or continue fighting for compensation knowing that I might never get it?
freeonboard wrote:
Jan 12th, 2013 5:26 pm
but how much does the lawyer cost?
He has already spoken to a lawyer.
Deal Addict
Mar 15, 2005
4545 posts
239 upvotes
I wonder, would it be easier to file a claim with your insurance company and have their lawyers deal with him to recover money?

Either way if he is stepping onto your property and removing trees that would qualify as both theft and vandalism. You can probably also get an injunction against him stepping on your lawn.

FYI when it comes to stuff like fences etc he needs official land surveys to be done. Contact your local municipal office to file a complaint
Sr. Member
Sep 17, 2008
998 posts
86 upvotes
Instead of a cheque - you could have a letter of credit issued to your benefit and held as security until the tree is complete to your satisfaction. This will, however, not give you any guarantee of the tree surviving. You really should be pursuing the cheque route. Assume the contractor will walk away once the job is finished and not return your calls. Only a crook would cut down a tree in the first place.
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