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Dave1982
03-25-2014, 08:28 PM
I still can't quite believe this....

My future-MIL owns a house near Lake Winnipesaukee in New Hampshire. It's on the side of one of the mountains facing the lake. She has neighbors both uphill and downhill. The area is also heavily wooded, but in clearing the lots for the houses, they removed just enough trees to give the residents a nice view of the lake while still maintaining privacy.

Also, future-MIL works from home but has to go into the office 1 day per week. Her office is a 2.5 hour drive from NH to Massachusetts (actually really close to where my fiance and I live). She usually comes down on Wednesday afternoon and has dinner with us, then goes into the office the next day before heading back to NH Thursday night.

Recently, she'd been talking with her uphill neighbor about hiring a tree crew. The neighbor wanted a few trees removed or trimmed to improve their view of the lake and future-MIL had a couple of trees on her property she needed trimmed, so they were going to pitch in to have it all done in a single job so they'd both save some money. They took the time to tie ribbons to the trees that needed to be cut down or trimmed, and the neighbor called the landscaping company and obtained an estimate. It wasn't going to be cheap, and MIL has a number of large expenses coming up (not the least of which is her contribution to our wedding!), so she told her neighbor she needed to figure out how to work her share of the cost into her budget before signing off on it.

No problem, says the neighbor. It's still all snowy up there anyway so there was no rush to get the work done. The neighbor passed that on to the landscaper, and the next day MIL left for MA as she always does.

So imagine her surprise when she came home and found ALL the trees between her house and the DOWNHILL neighbor's house GONE. :eek:

The freaking landscapers had come the day after being told "we'll think about it" and - without any sort of permission - cut down a shitload of MILs trees. These were not even the ones they had talked about cutting down! Only a few trees between her house and the UPHILL neighbor's house were supposed to come down. Her uphill neighbor was at work when this happened otherwise he'd have put a stop to it.

Needless to say, she's absolutely furious about this. She was still steaming the next morning when the tree crew actually CAME BACK and starting prepping to cut down EVEN MORE of her trees. She threatened to call the police if they didn't get the hell off her property; they left.

Wow....just...wow.....

First of all, since no one had authorized the work (and even if the neighbor had told them to go ahead and do it, they'd still have need MIL's permission to do work on her property), then they were trespassing. New Hampshire actually has a specific law prohibiting this (appropriately called Timber Trespass), and actually makes it a felony if the value of the wood cut exceeds $1000.

Second, they completely obliterated a large chunk of her privacy. That's what she's the most upset about, because privacy was a big part of why she chose to buy that house in the first place.

Third, since she now has an arguably better view of Lake Winnipesaukee, it could actually cause her property taxes to go up. NH has a controversial provision in their tax law that includes subjective qualities such the view when assessing the value of a property. So the next time the tax assessor stops by, she might well find that her taxes have gone up. (And as a side note, if anyone wishes to discuss the merits of the "View Tax" please take it to Fratching.)

Her uphill neighbor is aghast that this happened, since he certainly didn't authorize anything. No word yet on what the downhill neighbor thinks as they have been traveling and haven't been back yet.

MIL has already set up a meeting with an attorney and is filing a police report. The landscaper has refused to return any of her or her neighbor's calls.

Honestly, what else is there to say? That company fucked up BIG TIME.

Pimento
03-25-2014, 08:37 PM
Wow. Sounds like her contribution to the wedding is about to grow exponentially once she takes control of her own landscaping company lol. I'm waiting for the "just kidding"

Mystic
03-25-2014, 09:56 PM
Wow, what kind of company just comes in and starts lopping down trees? They couldn't even get the addresses right. I hope that it works out for the home owners. That's complete crap. :\

thatcrazyredhead
03-25-2014, 11:31 PM
They should have to replace the trees (and yes, you can move large trees and replant them somewhere else). What a headache!

cleorose
03-26-2014, 12:09 AM
When she goes to the lawyer she needs to tell him what she wants out of the landscapers. new trees planted where the old ones were.

She also needs to be compensated for her tax increase for say the next five years. since it would have not gone up had they not acted so rashly.

I am thinking at LEAST $1k per year plus the cost of all the new trees should be a nice number around 10k. I dont think you can sue for trespassing but maybe you can sue vandalism ? destruction of property etc. Since they had to come on her property and take down her trees.

raudf
03-26-2014, 07:22 AM
I'm just having a lot of trouble wrapping my mind around this one. Usually landscapers require someone signing on the dotted line before they'll move an inch of dirt. This.. well, this just means that your FMIL and her neighbor are going to own a very shiftily ran landscaping business.

When the gas company was pitting in a major gas pipe line, they made absolutely sure they stayed within the bounds of the land that they had when they cleared the trees. In fact they went as far as to make sure the trees that were coming down didn't fall on the land owned by others or snag trees that were on others' land. Even the paper company has the same policy for this very reason!

Dave1982
03-26-2014, 12:49 PM
I am thinking at LEAST $1k per year plus the cost of all the new trees should be a nice number around 10k.

The info I found on the NH Department of Forests and Lands website says that they would owe not less than 3 and not more than 10 times the value of the trees they illegally cut down, plus any other applicable civil or criminal penalties stemming from the incident.

I'm just having a lot of trouble wrapping my mind around this one. Usually landscapers require someone signing on the dotted line before they'll move an inch of dirt.

I know, right?? When I heard this I had trouble believing it myself. There was a lot of "wait wait wait....they did what??"

Then I saw it for myself when we went up for a visit this past weekend.

Ophbalance
03-26-2014, 03:28 PM
One hopes that you're got irrefutable proof that the company who's responsible can be found liable by a court or law enforcement. Otherwise, it'd probably be worthwhile (given the monetary amounts) for them to fight tooth and nail to avoid responsibility by claiming it wasn't them... and drag restitution out for years.

taxguykarl
03-26-2014, 04:01 PM
:wtf:The last landscaper I dealt with wouldn't even come over to give an estimate without some kind of documentation.

Dave1982
03-26-2014, 04:07 PM
Dunno if she does or not. Thankfully, it's not my problem. I'm just a spectator in this mess. :)

eltf177
03-26-2014, 04:33 PM
It sounds like this happened so fast that no contract was ever signed. What the @#$%*$& sort of company does major work like this without a contract?:eek:

TheSHAD0W
03-26-2014, 07:28 PM
I wouldn't be surprised if the landscaper did this to steal the wood. What sort of trees were they?

Dave1982
03-26-2014, 07:43 PM
Not sure what kind of trees they were (didn't ask) but you may be right; future MIL suspects the same thing.

eltf177
03-26-2014, 07:52 PM
Were the trees actually cut down or removed in their entirety? I know that large transplanted trees can go for BIG bucks...

Dave1982
03-26-2014, 08:05 PM
Cut down. The stumps are still there.

Aethian
03-26-2014, 08:26 PM
Yea they stole the wood to sell to those who make planks, sculptures, and the like. Mom had some black cherry trees that had some beautiful large straight sections. One tree alone went for over 800 bucks.

LillFilly
03-26-2014, 10:06 PM
I sure hope for the homeowners' sakes that they didn't accidentally sign something that they shouldn't have!

BroSCFischer
03-26-2014, 11:37 PM
I comprehend your pain, as my mother has had problems both with similar companies, and an overzealous neighbor who decided to cut up her tree.

But I just have to point out that it is kinda funny to have your post about this followed by your sig asking everyone to "TRIM YOUR QUOTES!"

SC

Pagan
03-26-2014, 11:55 PM
What the @#$%*$& sort of company does major work like this without a contract?:eek:

Ones that show up on "People's Court".

bainsidhe
03-27-2014, 12:08 AM
Privacy and beauty aside, I'd be concerned about corrosion and the long-term effect on the surrounding areas. What happens 5yrs from now after multiple rainstorms and only dead, rotting stumps to hold the dirt in place?

She should get a consultation with a lawyer, stat. I'm curious how big the landscaping company is, because many around here are a small business and would simply "close" and reopen under another name.

Hopefully the company has liability insurance. If not, does she have insurance? Would homeowner's insurance even cover something like this? :(

BearLeeBadenaugh
03-27-2014, 03:56 AM
Haven't experienced it myself, but having worked in the tree care biz, I've heard about it more than a few times.

Most assuredly, get a good lawyer and sue. Also, if things get to a point where replacement is an option for some of the trees, don't let them squeak by by using new trees, even 6 footers. Push for transplanting grown, established trees, otherwise the next 20 years are going to be spent waiting for those trees to get anywhere close to the size their predecessors were.

Captain Trips
03-27-2014, 04:37 AM
One hopes that you're got irrefutable proof that the company who's responsible can be found liable by a court or law enforcement. Otherwise, it'd probably be worthwhile (given the monetary amounts) for them to fight tooth and nail to avoid responsibility by claiming it wasn't them... and drag restitution out for years.

I would think the fact that they came back the next day (presumably in a signed company truck) would be considered fairly good proof of identity.

Sounds like solid civil and criminal cases here. Hope her lawyer is up to it.

Tama
03-27-2014, 02:49 PM
Even a lawyer that wasn't her lawyer would probably salivate at this kind of lawsuit.

WoodenSunshine
03-27-2014, 03:16 PM
Hopefully the company has liability insurance. If not, does she have insurance? Would homeowner's insurance even cover something like this? :(

Potentially. She filed a police report, so she could possibly file an insurance claim for theft. I don't know how much would be covered or if it would be covered, but it's always a possibilty.

ETA: Or malicious mischief. However, most homeowner's policies have a limit to how much they'll pay to replace one tree.

Aethian
03-27-2014, 03:48 PM
Insurance companies around here need a special rider and will only replace up to a K unless the tree in question is one of our rare trees and then they can get up to a five year old sapling per tree.

Mom has the rider cause we use a approved windrow on each edge of the property. If a tornado came through the downed trees would be sold and that money plus the K would be used to plant new trees in the downed ones spots. Which would still leave us without a windrow for a good ten years.

But then this state and the state this happened in are vastly different.

MoonCat
03-28-2014, 12:38 AM
I absolutely believe they cut those trees down for the wood. No matter what kind they are, someone's bound to pay for that wood to use for something. Her attorney should find out what happened to those trees. My guess is they sold them off already, and if not where are they?

Probably need a court order at some point to get their records. Bastards.

DeltaSierra
04-01-2014, 04:18 PM
Any updates?

AccountingDrone
04-01-2014, 05:25 PM
I wouldn't be surprised if the landscaper did this to steal the wood. What sort of trees were they?

Not sure what kind of trees they were (didn't ask) but you may be right; future MIL suspects the same thing.

Yea they stole the wood to sell to those who make planks, sculptures, and the like. Mom had some black cherry trees that had some beautiful large straight sections. One tree alone went for over 800 bucks.
I bet that because nobody was there on a midday week, they figured out that her house was a weekender house and they would have a couple days to grab all her trees. Bastards.
Insurance companies around here need a special rider and will only replace up to a K unless the tree in question is one of our rare trees and then they can get up to a five year old sapling per tree.

Mom has the rider cause we use a approved windrow on each edge of the property. If a tornado came through the downed trees would be sold and that money plus the K would be used to plant new trees in the downed ones spots. Which would still leave us without a windrow for a good ten years.

But then this state and the state this happened in are vastly different.
Hm, I can get a few *no shit, real* American Chestnut tree whatyoucallums - the baby trees that grow out from the bottom of an established tree - suckers? Mom has an American Chestnut tree at the house, a gift from a scientist buddy of my Dad's who was working on finding the remaining ones and getting a breeding population of them going again. Only a female tree though - the male died as a baby tree. I believe you carefully peel it off the trunk base and stick it in some sort of hormone solution to get it to develop roots.

lordlundar
04-02-2014, 02:42 AM
Ones that show up on "People's Court".

No, at this level they show up in a REAL civil court for the reimbursement hearing AFTER the criminal court has declared the owner guilty of theft.

Tama
04-02-2014, 01:15 PM
You must admit, though. If it weren't for the court shows, we'd have an even worse civil court backlog... :p

Dave1982
04-02-2014, 02:16 PM
Any updates?

Not yet. *filler*

eltf177
04-18-2014, 04:18 PM
Still no update?:wave:

Dave1982
04-25-2014, 03:46 PM
No, not yet. She met with an attorney who she didn't like and met with a different one. Right ow they're gathering up pictures and other preliminary stuff. I suspect it'll be a while before anything happens.

eltf177
04-25-2014, 03:58 PM
Just don't let these jerks get away with this!

Dave1982
07-15-2014, 08:23 PM
Things are progressing. I do not want to go into a lot of detail here lest things get screwed up for FMIL, but her and her attorney have discovered some inconsistencies with what her uphill neighbor said. These inconsistencies may or may not imply that the neighbor isn't entirely innocent in this affair.

eltf177
07-15-2014, 08:52 PM
Things are progressing. I do not want to go into a lot of detail here lest things get screwed up for FMIL, but her and her attorney have discovered some inconsistencies with what her uphill neighbor said. These inconsistencies may or may not imply that the neighbor isn't entirely innocent in this affair.

Uh-oh! I think this is going to come back and haunt somebody!:devil:

Captain Trips
07-16-2014, 03:02 AM
Harumph. Keep us posted with what you can, this gonna be good!

TexasT
08-01-2014, 03:56 AM
Right ow they're gathering up pictures and other preliminary stuff.

Did she get pictures of the trucks and guys when they came back? Any new updates?

Firecrackers Not Included
08-01-2014, 06:55 AM
Just to help anchor the fact of audience, I would like to add my name to the list of "I'm totally waiting on this one."
Thank you.

Tama
08-02-2014, 06:46 AM
And me as well!

Dave1982
08-02-2014, 01:40 PM
allegedly the neighbor lied to the landscapers and said to cut those trees down. :eek:

Things took a curve with that revelation, but I have no further info beyond that.

gremcint
08-02-2014, 03:40 PM
wouldn't they still have needed paperwork to go on property?

Dave1982
08-02-2014, 06:08 PM
Yep, hence the landscapers are still liable.

eltf177
08-02-2014, 06:13 PM
wouldn't they still have needed paperwork to go on property?

I'm willing to bet the neighbor lied about where the property line actually was.

This isn't good, a 'he said they said" situation. But if the tree company was dumb enough to not bother to check things out before proceeding the onus is on them, as are the costs associated with this.

One hopes they'll sue the lying neighbor but with no proof it's unlikely they'll even bother.

That is one neighbor I would get a restraining order against!

eltf177
09-03-2014, 10:29 AM
Any updates?

Dave1982
09-05-2014, 02:42 AM
Haven't heard anything

eltf177
02-03-2015, 08:35 PM
Any further word:wave:

Sapphire Silk
02-03-2015, 10:26 PM
Seriously. I saw the thread and thought, "oooh! updates!"

Dave1982
02-03-2015, 11:46 PM
Sorry, nothing yet.

notalwaysright
02-04-2015, 12:02 AM
Since no update, I'll tell a short story from my parents neighbor.

Neighbor has lived on the property for many years. I'd say 20-25. As with a lot of areas, it was mostly wooded, and is slowly being cleared as people sell or split and sell lots. This happened with the property next to my neighbor. One awesome person bought more than one lot, specifically so he could keep a nice green belt around his house. Now, all these lots have amazing views. Neighbor asked New Guy if she could cut down one or two trees which were near her garage "for safety." New Guy says okay. He comes back, she has cut down at least 15 trees, strictly because they were blocking her view. He takes her to court, she has to pay a large amount per tree. Something like $650 each. After court fees, she owes over $15k. Oh, forgot! She had to give him the lumber!

This is not the first time she has tried something like this. She tried to get my parents to cut down some trees on their property because they were "leaning over" her fence. My parents hired a professional arborist to trim the trees. She responded by having her lawyer send my parents a certified letter stating that we were warned, and my parents are now responsible for any damages the trees might cause to her property. Btw, in this area it is completely unreasonable to force others to cut down trees on neighboring lots. It is still pretty heavily forested.

Cecily
02-04-2015, 12:47 PM
Since we're trading tree stories...

My parents bought a itty bitty bit of land to put a small camping trailer on, it was to become our "cottage" with no running water, minimal heating and bugs. The people who bought those strips mostly wanted to have cottages, woodsy outdoors and be near the sea. My parents only cleared enough of their land to plunk down the trailer, install a table and park two cars.

Another couple bought the other itty bitty strip of land next to my parents. Since they were not on the beach front, they decided to bring the beach to them. They clear cut their whole lot, had a bunch of sand delivered to them, put a cement slab for their trailer and complained about the leaves all the neighbour lots were dumping on them in the fall. Why is it so hard to understand that if you buy something in the forest, there will be trees? :confused:

Captain Trips
02-08-2015, 04:19 AM
Why is it so hard to understand that if you buy something in the forest, there will be trees? :confused:

I guess some people can't see the trees for the forest. :p

bhskittykatt
02-28-2015, 01:13 PM
This story came up in the news that reminded me of this thread:
http://www.komonews.com/news/local/Charge-Developer-poisoned-123-trees-to-improve-his-views-294471141.html

A developer salted a bunch of trees to try and poison them to improve the views from his land. They won't know yet if the trees will survive or not, but it looks like they're estimating each one's replacement value at $2400 if they do end up dying.

Gilhelmi
03-02-2015, 03:36 AM
Trees are lovely and beautiful.

What is it with people and destroying beauty?

ThirdGenRetail
03-02-2015, 04:01 AM
Trees are lovely and beautiful.

What is it with people and destroying beauty?

If it's a case of safety, I can see that.

When I was a wee little one, we rented a house with a pine tree in the back yard that was split-trunked(The base was a bit long, and it split about 5-6 feet up into a V before turning into two individual trunks. I'd stick a hose in it, make a water fall, and have fun in the ensuing giant mud puddle), and quite tall. Even as at the age of 8-10, I pegged it to be a good... Four to five stories tall, that's how big it was. And this was with it leaning two ways. The landlord had a company come and cut it down, because if just the right wind storm came along, that tree would come down either one way, or both ways, and by my estimate, it'd have reached the fence for the freeway a block away and/or the elementary school the other way... Never mind the houses that would be in that path. So, for the safety of everybody around us, it came down. Which was partly saddening, as it created some GREAT shade on our rental house in the summer.

That said, none of these stories qualify for "For safety reasons" as valid reason to remove a tree. The only other valid reason is "They were already sick and dying," which none of these were, either.

Aragarthiel
03-02-2015, 04:39 AM
Something similar happened to my in-laws. A company was hired to clear out a lot behind their property. This is a forested area and the property was small, maybe only a couple of acres. They cleared almost FIFTY, on dozens of different properties, some even across roads from where they were supposed to be! My in-laws lost half the trees in their backyard and they started having critter problems, since now the critters had nowhere to live except indoors with people.

raudf
03-02-2015, 02:01 PM
That said, none of these stories qualify for "For safety reasons" as valid reason to remove a tree. The only other valid reason is "They were already sick and dying," which none of these were, either.

There is also thinning the trees for their own health. Pines are especially bad about stacking themselves up like cord-wood when they start growing. You need periodic thinning to allow the healthiest trees to get the most sun and soil. Hard woods aren't as bad about it, but they still need a thinning or two to keep 'em growing well.

My parents just had their land thinned because the pines were taking over.

eltf177
03-02-2015, 04:00 PM
There is also thinning the trees for their own health. Pines are especially bad about stacking themselves up like cord-wood when they start growing. You need periodic thinning to allow the healthiest trees to get the most sun and soil. Hard woods aren't as bad about it, but they still need a thinning or two to keep 'em growing well.

My parents just had their land thinned because the pines were taking over.

That or they crowd each other out. Some neighbors of ours a while back planted a large number of pines on the property line. Some years later after they'd grown a fair bit they took every other one out so the rest had plenty of room to continue growing...

Argabarga
03-02-2015, 05:46 PM
My route to school used to pass a patch of land where someone had planted pines on a patch of barren land that used to be a field. As a little grade schooler it was fascinating to me that trees could grow in perfect lines/grids like that.

But they never came back to thin them out, and by the time I was in high school, most of them had died, crowded out by their neighbors, who didn't have room to grow around the standing dead wood.

Then, we had a big ice storm, the limbs iced up, the dead ones fell over and took the live ones with them.

End result was same as it started.

Eventually, the "regular" forest around it assimilated the plot and now there are some regular hardwood trees there, with owls living in them :)

TheSHAD0W
03-04-2015, 09:51 PM
A developer salted a bunch of trees to try and poison them to improve the views from his land. They won't know yet if the trees will survive or not, but it looks like they're estimating each one's replacement value at $2400 if they do end up dying.
More than that, possibly quite a bit more, as they'd have to replace a bunch of the soil with stuff that isn't contaminated with the salt.

Seshat
03-09-2015, 01:07 AM
Salinization (http://en.wikipedia.org/wiki/Soil_salinity) is a major problem in parts of Australia, I can't imagine people doing it deliberately (in the modern era - I know that "salting the ground" was a war tactic in the past).


We have two big, old trees in our backyard which we might have to get rid of - sadly. Both are just ... too big, too dangerous for the suburban setting. The roots of one are invading the plumbing, the other has already had a heavy damn branch fall and break the shed roof.

fireheart
03-09-2015, 01:29 AM
Salinization (http://en.wikipedia.org/wiki/Soil_salinity) is a major problem in parts of Australia, I can't imagine people doing it deliberately (in the modern era - I know that "salting the ground" was a war tactic in the past).


Salting still does occur in some parts of my home state.

We had a massive tree in the front yard that we had to get rid of because the roots were working their way into the foundations. we still have a maple tree in the backyard which has become a major source of amusement for the cat as he'll climb up it and then meow until one of us brings him down :lol:

PastryGal
05-07-2015, 12:51 AM
Saw this article and thought of this thread
http://www.theweathernetwork.com/news/articles/man-chops-down-22-protected-trees-to-improve-his-view/50709/?adbid=10153328338581908&adbpl=fb&adbpr=9525286907&cid=social_20150506_45325076&short_code=2xxfi

Sliceanddice
09-07-2015, 08:02 PM
another comment in a thread made me think of this, where there any updates?

Gilhelmi
09-08-2015, 09:19 AM
My guess would be "Court System". These cases can take between 6 months and 5 years. So he probably can not update it until the case is settled.

eltf177
09-08-2015, 04:12 PM
I too am hoping there's legal action currently in the works and everyone's just waiting for it to wrap up...:devil:

wolfie
09-08-2015, 07:07 PM
My guess would be "Court System". These cases can take between 6 months and 5 years. So he probably can not update it until the case is settled.

Although an update of the form "It's before the courts, scheduled trial date is YYYYMMDD, and I can't tell you anything more until it's resolved" shouldn't get him in trouble but would at least let us know what's going on.

Canarr
09-14-2015, 02:11 PM
Adding my vote to the "Holy shit, they did what???" and "Hope there's an update soon!" crowds. :)

Dave1982
10-11-2015, 03:03 AM
Well, a not-exciting update....MIL says her attorney thinks the case will be settled by Christmas....







.......next year. 2016.

Ironclad Alibi
10-11-2015, 03:30 AM
Wow! In less than two years. Must be on the rocket docket.

Gilhelmi
10-12-2015, 09:23 AM
That is oddly fast. Odd in a good way.

Rebel1012
03-15-2016, 01:12 PM
I know its not Xmas yet but anything moving on this yet?

Sparklyturtle
03-21-2016, 06:36 PM
It's now March 2016. Any news?

There was a huge eucalyptus tree at the head of the lot where my mobile home sat, and my across-the-street neighbor was always expressing concern that it would fall on my mobile home. Since it was at the head of the lot and about 12 feet off to the side, it would have had to fall in a funny direction to hit my mobile home. In fact, my neighbor's home was at more of a risk than mine was. Anyway, that eucalyptus tree eventually died in a prolonged drought and had to be removed when it started dropping huge branches (fortunately in an otherwise unoccupied driveway). It was about 50 feet tall.

Taz
03-21-2016, 08:03 PM
will be settled by Christmas....

.......next year. 2016.

Probably won't hear much for a while yet.

Becks
03-23-2016, 10:59 PM
Is it Christmas yet? :popcorn:

taxguykarl
03-24-2016, 06:01 PM
Is it Christmas yet? :popcorn:Not for another nine months.....:angel:

Becks
03-24-2016, 09:00 PM
Not for another nine months

:runaway:
Boo.

Geek King
03-28-2016, 06:46 PM
Not for another nine months.....:angel:

Almost time for Irv to put up the Displays :p

Racket_Man
03-30-2016, 06:24 AM
Is it Christmas yet? :popcorn:

Not for another 9 months as WE ARE JUST GETTING OUT OF WINTER as it is :p

Dave1982
07-01-2016, 04:42 PM
Depositions were recently taken about what went down the day the trees were cut. The landscaping company admits to having done the work, but that the neighbor had claimed MIL had authorized the work.

The neighbor? He's now claiming that MIL CUT THE TREES DOWN HERSELF!!!! :jawdrop:

Never mind the fact that the landscapers ALREADY ADMITTED TO DOING THE WORK and the fact that MIL was IN A DIFFERENT STATE at the time. Nope, he says that she cut her own trees down.

I wasn't there for this, so I don't know how the judge reacted to these blatant lies.

Becks
07-01-2016, 04:57 PM
That's just...
wow
:jawdrop:

Seanette
07-01-2016, 05:04 PM
+1 for audacity.

- a few bazillion for stupidity. When you're directly contradicting what someone else just said to the same person, and documentable facts do NOT support your version....

An Haddock
07-01-2016, 05:27 PM
If (and when) that idiotic statement gets proven to be a blatant lie, can they be held in contempt? Is that like lying under oath?

Argus
07-01-2016, 08:14 PM
That is lying under oath.

eltf177
07-01-2016, 08:47 PM
That is lying under oath.

And judge's do NOT look favorably on things like that...

An Haddock
07-01-2016, 11:00 PM
That is lying under oath.

Well, I ask because according to Wikipedia:


In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes.


I wasn't sure if lying in a deposition was the same as lying under oath since depositions aren't done in a courtroom.

csquared
07-02-2016, 12:52 AM
I don't know if you are sworn in or not when giving a deposition. I am pretty sure that you have to sign that your statements are factual. The deposition will be presented as evidence.

EricKei
07-02-2016, 01:04 AM
Typically, yes, Depo's are under oath, AFAIK. If he repeats it in court, he could be looking at Perjury charges.

wolfie
07-02-2016, 03:03 PM
Did the neighbour also run a crooked Mah Jong game or cheat while at Fan Tan? Cookies for (obscure) reference.

RichS
07-02-2016, 05:14 PM
Typically, yes, Depo's are under oath, AFAIK. If he repeats it in court, he could be looking at Perjury charges.

For my drunk driving accident proceedings, I know mine were. Even for the arbitration between the insurance company and myself, I was sworn in before answering questions.

Crai
07-06-2016, 02:50 PM
Not the first time I have heard of a landscaping / logging company pulling this kind of BS. Atleast the laws in NH are written in her favor.

Chromatix
07-16-2016, 02:09 AM
When someone changes their story drastically like that, it never looks good for them. You have to figure out which - if either - of the stories are actually true. At the very least, you know they have something important to hide.

I did an online course on forensics a while ago, which used a mocked-up murder case (based broadly on a real one) to illustrate all the principles involved. At the end, an abbreviated presentation of the evidence (all of which we'd already seen during the investigation phase) was given in a mock trial, and we were asked to take the role of the jury and deliver a verdict. Over the course of the investigation, the suspect's story changed at least twice - and when the evidence against him became clear at court, he offered yet another story in the closing statements, constructed to match as much of the evidence as he could.

So as jury, we had three stories to consider: the prosecution's, the defence's, and the suspect's. Some facts were uncontroversial. Others were admitted to match the prosecution's story by the suspect, in his final statement. There was only one key point of difference - and a little bit of play-acting in the jury room would have revealed that the suspect's story was physically improbable, while the prosecution's was straightforward to replicate. Verdict: Guilty.

(I'm being deliberately vague, so as not to spoil the case for anyone doing the same course later. But Ace Attorney fans will recognise the trope.)

eltf177
11-11-2016, 07:58 PM
Wondering if we're close to an update here...

Dave1982
11-11-2016, 11:23 PM
there was a scheduled mediation recently. I haven't been told how that went.

Akasa
11-15-2016, 07:07 PM
My drama llamas want info.

Ironclad Alibi
11-16-2016, 02:18 AM
If this goes on much longer the trees will have grown back.

MadonnaC
03-01-2017, 03:44 AM
Well, we're past Christmas of 2016... Any further updates you can tell us about?

raw1989
03-01-2017, 04:33 AM
Hope the update is she won.

Dave1982
05-14-2017, 10:28 PM
Final update!

A few weeks ago the landscaping company decided to throw in the towel. They agreed to settle AND to testify against the neighbor. They still won't admit they were in the wrong, but whatever. Knowing they were working on two properties, they should've waited until BOTH owners signed on the dotted line, rather than taking the other guys word for it, so they deserve to be out some money.

The case was due to go to trial in a couple more weeks when the neighbor was forced to settle by his insurance company. I'd prefer not to disclose any specific details but she will be getting a five-figure sum once the taxes and legal fees are taken out.

Nunavut Pants
05-14-2017, 11:40 PM
I suspect it'll be a while before anything happens.

These cases can take between 6 months and 5 years.

Well, a not-exciting update....MIL says her attorney thinks the case will be settled by Christmas....

.......next year. 2016.

Only three years (and a bit). Not as long a process as it could have been, but still later than Christmas 2016... :D

taxguykarl
05-15-2017, 05:43 PM
I'd prefer not to disclose any specific details but she will be getting a five-figure sum once the taxes and legal fees are taken out.Good call as there may be a non-disclosure clause in the settlement agreement.

Akasa
05-19-2017, 01:14 PM
That is a satisfying outcome.