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Old 04-26-2010, 10:51 AM
 
4,807 posts, read 6,998,593 times
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I'm worried....the power company is going to be coming and trimming limbs soon. The tree they will be trimming is actually the neighbor's, but I'm sure they will come do it from my side because my driveway is handy to the tree and theirs is not.

The reason I'm worried is that I have a beautiful perennial bed directly below where they'll be cutting, and if I know men, they won't be very careful. I said something about my flowers to the guy who came to let me know they would be coming soon, and he was like, "Oh, yes ma'am, we'll be very careful"....but you know how they are. Just wanting to "get 'er done" and move on.

I'm worried to death that they'll drop a big old limb on something and smash it....I have a few shrubs and small trees in that area, also.

What rights do I have in this situation? Could I refuse to let them do it at all? The tree is not on a road right-of-way, it's 'way back in the neighbor's yard. Could I hold them accountable if they destroyed something? Do I have the right to insist that they use ropes to stop the limbs from falling on my stuff? They don't usually take such pains, I know.

I really would like the limbs cut, as they shade my perennials too much (I have a hard time finding enough sun in my yard for things that I want to grow!), but I'm just worried about the process.
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Old 04-26-2010, 12:55 PM
 
Location: Visitation between Wal-Mart & Home Depot
8,308 posts, read 35,252,529 times
Reputation: 7116
Is your flower garden in the utility easement? If so, they can drive a bulldozer over it if they want to. If you can be present, concerned overwatch may encourage more conscientious tree-trimming but they are not necessarily obligated to preserve anything actually within the easement.
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Old 04-26-2010, 03:06 PM
 
18,766 posts, read 56,599,851 times
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Milk and fresh homemade cookies may help.
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Old 04-26-2010, 03:37 PM
 
Location: Beautiful Rhode Island
7,223 posts, read 11,648,156 times
Reputation: 7265
Your driveway is private property- you don't have to let them use it at all. Have you spoken to your neighbor about this yet?
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Old 04-26-2010, 08:00 PM
 
Location: Two Rivers, Wisconsin
12,271 posts, read 12,034,489 times
Reputation: 12654
Hmmm, a tough one indeed! Around here a card is sent giving an approximate time frame and they just come and do what they have to do, no personal knock on the door to tell you about it!
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Old 04-26-2010, 09:43 PM
 
4,807 posts, read 6,998,593 times
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Quote:
Originally Posted by jimboburnsy View Post
Is your flower garden in the utility easement?
I'm not sure. My house is set 'way back off the road, and the line runs from the road to a pole by my carport, then to my house. They will definitely have to come a long way into my property to do it. I don't know if there is a "utility easement" along the line or not....it runs right along my fence, just a little way over on the neighbor's side.

If it were possible to refuse and I did, they would just go to the neighbor's side and do it, and then they would definitely just drop the limbs, especially since they wouldn't be able to get the truck in there and use the bucket!

I definitely plan on being out there when they do it, because I'm home 99% of the time during the day. But what if they ignore my request and just drop the limbs on my plants? Would I have any recourse?
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