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Question

I have a very old tree in my backyard which I enjoy and take pride in the way it grows. It has gotton to tall and had a contractor come to top it off and prune the bottom. All were in agreement! Once up the tree he cut off large brances all the way up and yelling at him to stop cutting the bottom he totally disreguarded me. He has runed it and did not top it off at all. Then the owner staid its just an old narley tree anyway! I want to stop he from destroying any more Nature. This issue has brought me to the brink of a nervous breakdown and can no longer even enter or spend time in my yard. I would like to know if there is any law that can help me. Mary Mahon

Submitted: 21 days and 10 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Optional Information

State/Country relating to Question: New York

Already Tried:
Reports to Consumers, and Better Business Bur.

Posted by J.Hazelbaker 21 days and 10 hours ago.

Answer

Unfortunately, under this situation, your options are very limited.

 

The law does not recognize the aesthetic value of trees. I have dealt with numerous timber theft cases in situations where the owner valued the trees for reasons other than simply the lumber value. However, the law only compensates for the commercial value that the tree would have if turned into a commercial product, such as boards.

 

This doesn't mean that you shouldn't express your concern in every way you can. Filing the complaints with consumer affairs and BBB are two of the best things you can do.

 

In addition, you should not have to pay the tree company for the negligent work. If the tree dies as a result of their negligence, then you can force them to pay to have it replaced. I realize that this is cold comfort given the time it takes for a tree to grow to the size of the tree you cherished, but this is, unfortunately, the law at the present time.

 

Gradually, we lawyers who care about issues such as yours are trying to get the legal system to recognize aesthetic and landscape value of trees. I am hopeful that the law will soon change. Unfortunately, it hasn't yet.

 

 

Please let me know, if you have follow-up questions.

 

The information is provided for discussion and entertainment purposes only. I believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading, accepting, and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. It is understood that by posting to this site, your information is made public and no attorney-client confidence is created or possible.

 

In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

 

I appreciate your "Accepting" my answer if it has been helpful to you. Doing so allows me to continue helping in this manner. Thank you.

21 days and 10 hours ago.

Reply

What type of lawyer do I need?

Posted by J.Hazelbaker 21 days and 9 hours ago.

Answer

This isn't a specialized area of law, so an attorney experienced in the area of personal injury, property damage, or general litigation would be sufficient. The important thing is that they agree with your assessment that the tree should be valued at more than it commercial value and that the company should be responsible for its negligence.

 

So, that would be the first question I would ask when meeting with the attorney, "do you agree that the company should be held responsible for its negligence in this matter and that the value of the tree is more than any commercial value the wood may have?"

 

You can find attorneys in your area using either/both of these sources:

 

http://www.martindale.com/

 

or

 

http://www.nysba.org/AM/Template.cfm?Section=Need_To_Hire_A_Lawyer_

 

 

Accepted Answer

I also wanted to add that you may be able to force the company to come back and make efforts to treat the tree to address any negative impacts of their cutting. For example, they may be able to treet the areas they cut with a compound to prevent any fungal infection of the wound areas. I would add such treatment to any demand I made of the company.

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Expert: J.Hazelbaker
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/2/2009

Attorney

Attorney and small business owner with 8 years experience in the general practice of law.

21 days and 9 hours ago.

Reply

I live in Queens the company that did the damage is from LI. Where would the court hearings be held.

Posted by J.Hazelbaker 21 days and 9 hours ago.

Answer

In your area, as the property in question and the actions in question occurred there.

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