Damage to my Property by Utility (sale, hotel, home)

[jcfred]

My telephone (and computer) had been out for over a week. AT&T had already sent several techs out who could not find the problem, so because I’m a senior and have no cell phone, I complained about not being able to call anyone if I had an emergency. So, AT&T sent another tech out the next day. I have a very small back yard and a large Arborvitae which does a good job of hiding the low cable and phone lines which run directly over the middle of it.

The tech said he might have to trim the Arborvitae to access the ‘black box’. I have lived here for over 30 years and the cable and telephone companies have always trimmed the tree a little to access their boxes, so I thought nothing of this tech’s comment. I had an appointment and had to leave and when I returned home I was horrified to see that the tech had cut every single branch off the Arborvitae, from the ground all the way up to the black box. He’d even cut off branches that obviously would not have interfered with his ladder or his work. (Even subsequent techs have said he’d been ‘over zealous’ in his limb chopping.) Plus, he had not satisfactorily fixed my telephone.

This was almost three weeks ago and now it looks as if the tree is dying.

I am painting and fixing up and plan to sell my home in the spring. I’d already set a sale price, but now that all the utility wires will be exposed, it will scare potential buyers. Thus, I’ll have to substantially lower my asking price. Plus, my backyard is a Registered Wildlife Habitat, and the destruction of the Arborvitae will have a huge impact on the birds who over-winter, and the small critters who found protection under the tree. Then, there's the re-landscaping I'll have to do in the spring to fill in a 10-foot gap that once housed a beautiful Arborvitae.

I’m in tears about the destruction of this tree. I realize that AT&T has an easement, but I feel that there was unnecessary damage done to my property, not to mention its loss of value. Do I have any recourse?

[Clevelander216]

I use to install cable and I do agree that sometimes you have to cut some branches off trees so that they don't obstruct the cable lines. However I'm not sure about your situation; the technician may have gone overboard or he may actually had to cut the branches. There is really no saying on that one without any of us seeing the situation. But honestly, do you really think that some branches cut off from a tree will affect your property value that much???? That's kind of silly isn't it? Out of curiosity, how long do you think it would take for the cut branches to grow back? I understand your frustration about it, but I feel that you are way overreacting.

[Rebek56]

Arborvitae take years to reach the size described. If the potential buyer wants to buy a wildlife habitat, losing a major overwintering site is a big deal.

[jcfred]

Rebek56 is right about the re-growth -- it does take years, as Arborvitae are slow growing. This tree really was huge; it covered up the telephone pole and the large silver transmitter box, plus it hid my compost pile so now there's no place to compost. If my yard were large I'd think nothing of it, but it's the smallest backyard on the street and has only two other small fruit trees. The Arborvitae was a major part of my back yard and a magnificent bird hotel.
I have called the original AT&T Manager a number of times but he hasn't called back. I had planned on taking AT&T to small claims anyway because for three + years I've been paying them for an "unpublished number," and for three years my name has been listed in the telephone book that they (or someone) distributes. That's breach of contract. The Arborvitae tragedy just clinches the deal..