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Property Access for Tree Removal

cycloner29

cycloner29

Well-Known Member
Dec 17, 2008
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Ames
Our neighbor came over around 8 last night to inform us he was going to get his tree removed in the next 3-5 weeks. He proceeds to tell me that I need to move my car so they can get equipment into his backyard.

He comes back ten minutes later and tells me they will be there tomorrow morning at 8 am. My problem is they have an access gate on the north side of his house at least four foot wide. I have a new concrete driveway about a foot off the property line, a basketball hoop with a full sand base on my side two foot off the line, and his A/C unit. Only two feet of grass between.

Pretty sure his wife doesn’t want them using their north access due to a concrete patio in their backyard.

Do I have the right to deny them access? I am guessing they will want to use my driveway to move equipment into his back yard as to avoid going across his yard. If they would happen to break my concrete, Is the tree company responsible to repair or my neighbor?

I did tell my neighbor’s wife last month that if their dead tree fell on someone’s property that they would responsible for any damage. She kept telling me, “Nope! You are wrong!” I finally explained to her that if the tree was healthy and alive then you wouldn’t be responsible. She then changed her tune.
 
I asked to be named an additional insured on the tree companies insurance policy for their actions on my property. Also had non-fully cured concrete. They wouldn't do it and eventually found another way to access (ruined the tree owners yard) and part of mine, but my new driveway/patio stayed intact!
 
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cycloner29 said:
Our neighbor came over around 8 last night to inform us he was going to get his tree removed in the next 3-5 weeks. He proceeds to tell me that I need to move my car so they can get equipment into his backyard.

He comes back ten minutes later and tells me they will be there tomorrow morning at 8 am. My problem is they have an access gate on the north side of his house at least four foot wide. I have a new concrete driveway about a foot off the property line, a basketball hoop with a full sand base on my side two foot off the line, and his A/C unit. Only two feet of grass between.

Pretty sure his wife doesn’t want them using their north access due to a concrete patio in their backyard.

Do I have the right to deny them access? I am guessing they will want to use my driveway to move equipment into his back yard as to avoid going across his yard. If they would happen to break my concrete, Is the tree company responsible to repair or my neighbor?

I did tell my neighbor’s wife last month that if their dead tree fell on someone’s property that they would responsible for any damage. She kept telling me, “Nope! You are wrong!” I finally explained to her that if the tree was healthy and alive then you wouldn’t be responsible. She then changed her tune.
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Simply state you won't be using my property unless there is written and signed proof from the tree company that you are added to their insurance policy. Inform them that you have free floating concrete driveway along with a sand based basketball hoop. If they tree company was smart they would inform the neighbors that they won't be entering in on your property and use the other entrance. If not document before, during, and after. Hell set up a camera if you don't have one to record the entrance, movement in and out, etc.
 
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Just talked to my neighbor. Doesn’t know who the tree company is or if they are insured. WTF!! But he told me again I need to move my car. Just wow!!
 
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cycloner29 said:
Just talked to my neighbor. Doesn’t know who the tree company is or if they are insured. WTF!! But he told me again I need to move my car. Just wow!!
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Doesn’t know the company or if they are insured? I’m usually of the belief to work with your neighbors and be nice, but this guy is a moron or a liar. My first thought is liar. He knows the company and that they aren’t insured. If you don’t move your car from your driveway, what’s he going to do, call the cops?
 
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There is a reason the neighbor gave you roughly 24 hours notice. They are trying to pull a fast one on you.

What city are you in? Ames for example has city code that requires a permit for most tree removals. I imagine most larger communities have this process. Ask to see the permit. Part of the permit process is proof of insurance from the tree cutter
 
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Clonefan94 said:
Doesn’t know the company or if they are insured? I’m usually of the belief to work with your neighbors and be nice, but this guy is a moron or a liar. My first thought is liar. He knows the company and that they aren’t insured. If you don’t move your car from your driveway, what’s he going to do, call the cops?
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The cops won't do anything about it. It's a private matter. I wouldn't do anything unless they prove they are insured and you've been named. Even then, I'm not sure I would grant them access if they have a way through your neighbor's property. Sounds like your neighbor is just trying to intimidate you.
 
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cycloner29 said:
Just talked to my neighbor. Doesn’t know who the tree company is or if they are insured. WTF!! But he told me again I need to move my car. Just wow!!
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Sorry but that now is to the point for me where I tell them to F Off and go fly a kite. The simple fact is the company has to be insured and you need written and signed proof for your own insurance liability. State that and tell him there is nothing you can do about it. Not to mention there is an access point on THEIR property for something being done on THEIR property...make sure you really drive home the their parts
 
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Is the tree on the border of your property? It it's entirely on your neighbor's property, then they should deal with it by using the neighbor's property entrance.

Also, as others have said, be added to the insurance due to damage to your property. But it should like you should just deny access as your neighbor has given you short notice and unsatisfactory concessions.
 
cycloner29 said:
Our neighbor came over around 8 last night to inform us he was going to get his tree removed in the next 3-5 weeks. He proceeds to tell me that I need to move my car so they can get equipment into his backyard.

He comes back ten minutes later and tells me they will be there tomorrow morning at 8 am. My problem is they have an access gate on the north side of his house at least four foot wide. I have a new concrete driveway about a foot off the property line, a basketball hoop with a full sand base on my side two foot off the line, and his A/C unit. Only two feet of grass between.

Pretty sure his wife doesn’t want them using their north access due to a concrete patio in their backyard.

Do I have the right to deny them access? I am guessing they will want to use my driveway to move equipment into his back yard as to avoid going across his yard. If they would happen to break my concrete, Is the tree company responsible to repair or my neighbor?

I did tell my neighbor’s wife last month that if their dead tree fell on someone’s property that they would responsible for any damage. She kept telling me, “Nope! You are wrong!” I finally explained to her that if the tree was healthy and alive then you wouldn’t be responsible. She then changed her tune.
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You absolutely have the right to deny access onto or across your property by your neighbor and is work crews, UNLESS there is a recorded access easement such as for a shared driveway. You could charge them with trespassing if they came onto your property without permission, and seek compensation for damages. Call the police if they attempt to do so anyway, I would expect them to respond to such call and probable dispute unless tied up with priority calls. At the least it will be formally documented, and the work crew won't want to be involved, will leave if the neighbor can't get them in another way.
 
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Unless there's a cross-access or ingress/egress easement already in place, you're under no obligation to allow them access. Even if they didn't have a secondary access available to them, your property is your property. Your neighbor wants to use your property as a convenience to him and inconvenience to you. I would ask, as others have said, to be explicitly put on the contractor's insurance as an additional insured, make them agree in writing to repair ALL damage to your property, and I would even demand monetary compensation up front. How much is his convenience worth to him? And how much is your inconvenience worth to you? If the neighbor was a friend, I would potentially skip the last item, but it sounds like he's trying to bully you into allowing access, so make him make it worth your while.
 
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Definitely sounds like he's trying to bully you. Unless he has an easement already in place to use your property, the only ones that would have the "right" to access your property would be city/county/state easements.

Too many people think because there's a "right of way" easement or city easement, it's a free-for-all access. It's not.

We found that out many years ago. Had a farmer that would go up/down the state highway ditches cutting the grass and baling it. We dug into the legal aspect of it - county, state, lawyer. Only the state had the right to access that right-of-way easement without our permission. Anyone else needed our consent since it was legally our land.
 
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