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Tall bushes on our property cut down by company building a house next door?

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Theskiingguy
Posts: 476 - Karma: 2,514
I understand this isn't a major deal, and most people will just say "get over it" but we feel violated and that we've been taken advantage of by this company as they've been breaking house codes and laws right after another.

We have, or had, about 8 tall (10 foot) bushes on the side of our property. These trees were still on our property, and someone/a company is building a house next door. They tore down all 8 bushes without our consent or even giving us word of it, and replaced them with smaller, less-full, trees/bushes. They planted new ones that appear to be just outside our property line, (will check later) which means we won't have any control over them.

We're wondering
A. what can we do about this, honestly this company making the house have been jerks to us trying to push us around ever since they started building.
B. if we can "sue" or something along that line, what can we expect to get money wise.
C. what are our odds of winning in court, if we didn't hire a lawyer. Because they had no consent whatsoever, and we didn't even know anything about it, until I came back from work to see all the trees down but one.

Thank you very much for your time NSers and I know I can't expect much from a ski website, but I thought I would give it a shot! :)

anddd to get less hate, puppy and kitty
Click for larger image


May 23 2013 7:06PM
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Phil-X-
Posts: 7205 - Karma: 14,399
Sue them for the new house
May 23 2013 7:07PM
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Mr.Sloth
Posts: 5091 - Karma: 13,469
Piss all over them
May 23 2013 7:08PM
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Mr_Bump
Posts: 689 - Karma: 427
Click for larger image
May 23 2013 7:10PM
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maximiliaan
Posts: 7711 - Karma: 2,857
So which One is the cutest? The puppy or the kitten?
May 23 2013 7:10PM
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Theskiingguy
Posts: 476 - Karma: 2,514
Yeah... wasn't expecting the most serious answers.
Hopefully I'll get a couple at least :P... if that haha
May 23 2013 7:10PM
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corona
Posts: 12791 - Karma: 32,701
take it right up the food chain with that one. talk to the owner of the company. don't be a pussy about it, those guys get a lot of complaints and easily shrug them off. demand compensation for the lost bushes and if the new ones are on your side demand they be replanted on your side but with your type of bushes. if they don't comply, go to city officials. small claims court is also your friend here. they would lose.
May 23 2013 7:26PM
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~~~~~~~~
Posts: 2345 - Karma: 2,104
do you have a picture of these bushes?
May 23 2013 7:30PM
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SurfaceHoar
Posts: 311 - Karma: 240
I think this is so fucked up.

It's also pretty hard to put a number on the value of the old bushes.


May 23 2013 7:56PM
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JeremyClarkson
Posts: 1599 - Karma: 1,934
Why would you just let them fuck around with you like that? Its your house so fucking grow a pair, stand up for your rights, your property and sue those assholes.
May 23 2013 8:04PM
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grapejuice3000+
Posts: 2132 - Karma: 1,985
yeah, i could use a good bush pic right now
May 23 2013 8:27PM
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MASkier
Posts: 657 - Karma: 704
Ns is getting old.
May 23 2013 11:24PM
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RubberSoul
Posts: 11249 - Karma: 14,642
usually im not one to suggest picking a fight over "minor" things but companies like that are always pulling shit like this and if i were you i'd definitely try to raise some shit over it. tell us how it goes

oh, and make sure they were definitely (on) your property first so you don't risk being an asshole ha
May 23 2013 11:26PM
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Flacko
Posts: 1495 - Karma: 788
make them buy you tall ass bushes so it ruins the houses view/value
May 23 2013 11:31PM
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chicken
Posts: 6843 - Karma: 2,122
the only reasonable thing you can do is burn the house down.
May 23 2013 11:33PM
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Blake.P
Posts: 9894 - Karma: 3,585
Look through old property records and see if there are any covenants in place that they could be breaking. Those are legally binding to the property and they would be forced to change any violations. Building height, trees, whatever. It would really fuck their plans
May 23 2013 11:58PM
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californiagrown
Posts: 9794 - Karma: 2,014
You aint gonna get shit.

what they'll say " we damaged the bushes during construction, so we replaced them with healthy new bushes.

whay you'll say "but now they are on your property not ours"

what theyll say "they were never on your property. prove they were".




What you can do is try to talk to the the city and let the city inspectors know what the company is doing. if you sell it well enough the inspectors can nit pick away at the construction and completely ruin their budget. Ive seen it done.
May 24 2013 12:31AM
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Fun_dip
Posts: 2623 - Karma: 913
If you don't have a lawyer and they do you will have no chance of winning unless your parents really know their shit.
May 24 2013 12:37AM
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Dingo69
Posts: 1330 - Karma: -171
Seems like they mustve thought the bushes were part of their property. Otherwise they would have asked first
May 24 2013 12:49AM
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motionmovement
Posts: 108 - Karma: 59
Pretty clear case to me.

Write them a letter asking for compensatory damages. Include a summary of what happened, pictures of the property lines, photos (before and after if you have them), the price of new bushes and the cost to have them planted, and say that if the company is not willing to pay this amount you will seek legal counsel to file a lawsuit.

I think you have a good chance of winning in court assuming you have what's listed above. If you can prove (more likely than not) in court that they damaged your property you will be given the amount of money to replace everything as if the damage had never occurred. There may be additional punitive damages awarded to you and maybe a small nominal amount for trespassing in and of itself.

I think you may want to consider getting a lawyer depending on how much the bushes cost. It is very likely they will settle rather than go to small claims court. Having a lawyer write the letter will probably be more persuasive and thus more likely they pay you more money up front.

I have no legal expertise just guessing btw.
May 24 2013 12:50AM
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Theskiingguy
Posts: 476 - Karma: 2,514
Holy cow, thank you guys so much for the great responses! Please, keep them coming :)
gave +K to basically anyone and everyone who took it semi seriously :P

I don't have enough time tonight to reply to all the comments/questions but I'll get to it tomorrow!

But basically quick briefing, yeah they knew they were on our property, because they were going to get rid of them but we had a city property inspector come out and they declared it was on our property so they wouldn't/couldn't get rid of them... but apparently that didn't stop them. So we'll have to call them out again I guess this week to see if these "new" trees are "on our property" or not now.

Thanks again everyone for answering, I'll keep you guys updated with how it goes if you want!
Anymore feedback or comments is greatly appreciated! :)
+K!
May 24 2013 2:29AM
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extravert
Posts: 1112 - Karma: 3,174
I agree with the guy above. Write a letter first and more likely than not they will pay to avoid the lawyers fees
May 24 2013 2:52AM
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mmallender.
Posts: 5805 - Karma: 936
if you had the city come out and declare that the company COULD NOT remove the bushes from YOUR side of the property line and the company was informed of this, as far as my limited legal knowledge goes...... sounds like theyre pretty fucked and entirely in the wrong
May 24 2013 3:18AM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
don't waste your time writing them a fucking letter. go straight to small claims court. they've already proven that they're going to disregard anything you say, so get it all hashed out in court. if the events are exactly as you've stated, you will win.
May 24 2013 3:36AM
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yelsel
Posts: 12967 - Karma: 3,451
actually, you want it in writing first-really, put EVERYTHING in writing. if you ever make a call to them, write down the date, time and who you spoke to and what it was that you discussed. you want a log of correspondence because it saves your butt on this. then when they come back with nothing, get a lawyer and go to court.
May 24 2013 8:09AM
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theblackrod
Posts: 2162 - Karma: 575
Wrong. Written documentation of your claims and attempts to have them resolved is an absolute must. You need factual hard evidence. He said she said is hear say and doesn't do you any good.
May 24 2013 8:38AM
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ggfski42
Posts: 651 - Karma: 700
Honestly, i agree that what they did was messed up. But i cant see taking them to court as the best option because its going to cost you time and money. If it was me, id just suck it up and replant trees of your choice. It really sucks to give in like that but it seems to me like the easiest route. Fuck your neighbors i hate shit like this. Have you talked to the new owners of the house in person?
May 24 2013 10:58AM
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KZA
Posts: 3304 - Karma: 301
^ Most small claims courts you don't actually need a lawyer, so it really won't cause any money.
May 24 2013 11:11AM
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seward
Posts: 5233 - Karma: 2,174
are you the property owner??
May 24 2013 11:20AM
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Tinga
Posts: 11349 - Karma: 2,333
eh tell them to replace them or you'll report to construction company to the better business bureau. and if that doesn't work write a nasty internet article about them. throw some libel in there just for fun.
May 24 2013 11:29AM
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saxon
Posts: 1159 - Karma: 551
boom. that right there.

also i want to hear how this works out.
May 24 2013 11:46AM
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Miomo
Posts: 4302 - Karma: 14,133
Shine your shotgun outside on your front porch everyday. Then they won't fuck with you anymore.
May 24 2013 12:24PM
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I_Am_Mod
Posts: 13214 - Karma: 3,753
^^true story ....

and also agree with VinnieF on this one.

May 24 2013 12:34PM
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CBROOKS
Posts: 4979 - Karma: 10,708
Well if you get nowhere with it (these companies tend to have some legal council they use regularly because they ALWAYS fuck the law up) I am going to make the assumption they have some heavy equipment they leave around at night. A little sugar never hurt anyone, but it sure can fuck with a combustion engine.

May 24 2013 12:37PM
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yelsel
Posts: 12967 - Karma: 3,451
do not do this
May 24 2013 12:40PM
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RudyGarmisch
Posts: 25443 - Karma: 13,844
Before you can do anything, you'll have to hire a surveyor to actually find where the property line is. You cant trust existing stakes, that shit gets moved all the time.
May 24 2013 12:41PM
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yelsel
Posts: 12967 - Karma: 3,451
you actually dont need a surveyor...county clerk would have a copy of the recorded deed on file which will have the property stated in the "being clause". or....just hit up a title company because they'll have the info as well.
May 24 2013 12:43PM
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louie.mirags
Posts: 6015 - Karma: 5,029
sucks because they know how much initial money it will take to get anything out of them...
May 24 2013 12:45PM
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mmallender.
Posts: 5805 - Karma: 936
he said he already did and was told the company could not move the trees
May 24 2013 12:47PM
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Balbertt
Posts: 1585 - Karma: 4,723
Its no use trying to bring them to court, but I'd say fight back. Find something they have violated then report it. Make it a living hell for them to build on that property.
May 24 2013 1:10PM
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daannnnieel
Posts: 5163 - Karma: 4,293
First off, go be annoying right back. Pee on all of their building materials one night. Do this every night. While doing so, sue them for your bushes.
May 24 2013 1:15PM
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Am.Aaron
Posts: 443 - Karma: 22
Yeeeep. I've seen some shit, man
May 24 2013 3:51PM
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Theskiingguy
Posts: 476 - Karma: 2,514
Thanks guys!

Yeah, welll more bad news now. Went out today, and did my own measurement of the property line (8 feet from the edge/concrete of our driveway), and it's clear the new trees they planted are well past a foot or two into their property line, meaning we cannot do anything about "their" trees now.

Any recommendations on how we should go about writing the company or the city a letter? I would like to try to seek a compensation, before starting a lawsuit.
May 24 2013 10:02PM
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gotti
Posts: 4269 - Karma: 4,550
just cut all their trees down to a stump so they are hard to take out. and do it at night so they have no idea who did it.
May 24 2013 11:45PM
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fujarome
Posts: 8630 - Karma: 1,561
replant your own, bigger ones just inside your property line. At this point it's a grudge battle and you need to win just for the sake of winning, monetary gain or not.



or you could always just salt the Earth. Scorched earth policy overrules all.
May 25 2013 1:31AM
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RudyGarmisch
Posts: 25443 - Karma: 13,844
If its a matter of inches, knowing exactly where the line is matters. Doesn't sound like it does here though, agreed, I tldred this thread this morning. Good luck op, there's probably nothing you guys can legally do, but you now have free reign to hate your new neighbors and leave burning bags of poo on their doorstep.
May 25 2013 1:46AM
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corona
Posts: 12791 - Karma: 32,701
well there's certainly nothing you can do about the plants they put on their side of the property line. but you can absolutely get compensation of some kind (at worst the replacement) of what they cut on your property.

don't give in on it. construction companies shouldn't be allowed to get away with things like this at all. it only makes them think they can get away with it again.
May 25 2013 2:00AM
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B.Aussie
Posts: 5852 - Karma: 4,531
Good luck OP!
May 25 2013 7:55AM
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Mag
Posts: 8155 - Karma: 14,809
It's nothing to do with their neighbours?
May 25 2013 8:15AM
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JzD.
Posts: 1615 - Karma: 153
Better lawyer down
May 25 2013 8:45AM
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Mr.Huck
Posts: 6096 - Karma: 14,896
This exactly. Go into small claims court with all the documentation, photos and everything you can get your hands on. They were told by the city not to remove the bushes. They have no leg to stand on. Get quotes from landscaping companies to have the bushes replaced with with really large mature shrubs. Get a few quotes. In small claims court, present this as evidence of how much it will cost to replace the bushes. You will win and the judge will make them pay. There could be no better FU than having them have to pay to replace these bushes.
May 25 2013 9:55AM
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