Lawyer question about developer ripping out trees not on their land

[zippy23]

Land behind my neighborhood sold to M&I. I'm on the corner of my neighborhood. Today, m&I ripped out over 20 trees not on their land, but on the property of my neighborhood. No one was notified, not the HOA, no one. So we've got emails to the developer and City of Noblesville. We had many meetings on landscaping and trees along our neighborhood property line. The trees they ripped out are on our neighborhoods property. If these were taken out to improve water/sewer lines to their property, would they have to replace the trees? These were all mature and blocked our houses from the road. Thanks

 

[nra4ever]

We’re the trees on an easement? If not they are not allowed to be “ripped out”. They must be small trees to rip out. You may need a lawyer ASAP.

 

[zippy23]

We’re the trees on an easement? If not they are not allowed to be “ripped out”. They must be small trees to rip out. You may need a lawyer ASAP.

So I'm on the corner of my neighborhood. M& I bought the land directly behind me to build houses on. There are trees that line the road on a side of my property, on land that is my neighborhoods, not mine. But the land is not m&I's. In the many meetings we've had with m&I over what they are going to do they never mentioned anything about this row of trees on my neighborhoods land. This row lines the road to block our houses from the road. My hoa takes care of that land. My neighborhood is in an uproar right now, no one heard anything about this, the HOA has no idea and is contacting m&I, I've contacted the city and emailed m&I , I'm awaiting reply. The trees are far enough off the road I can't imagine it would be for underground pipe upgrades but that's what some people think. I asked one of the workers today about it, of course they don't know anything other than what they are told to take down.

 

[nra4ever]

The city could care less. It’s your problem and they will be of no help. An easement can be 30 plus feet easily. Look on the GIS site for the area and see where the easements are. You will need a lawyer ASAP to stop the work if they are in the wrong. Double check the survey to make sure who the land belongs to. Good luck.

 

[snapping turtle]

“My hoa takes care of that land.” HOA don,t normally take care of personally owned property that is not communal like a playground pool or clubhouse.
I am not a lawyer

sounds like the neighbor does not own the land and your ****ed.

 

[CampingJosh]

“My hoa takes care of that land.” HOA don,t normally take care of personally owned property that is not communal like a playground pool or clubhouse.
I am not a lawyer

sounds like the neighbor does not own the land and your ****ed.

He didn't say a neighbor owned the land; he said that the neighborhood owns that land. It sounds like that's communal land that the HOA very well might manage.

 

[2tonic]

So they tore out your trees to put new pipes underground?

Sure will be a shame when a couple bags of concrete find their way into those pipes one night......

 

[Tactically Fat]

Be sure that you have ALL the facts before you get so outraged.

This goes doubly for the folks who won't ever read this and who are directly affected.

Do you know the exacting details of the contracts that the developer has? Do you know the exacting details of any/all easements? Do you know the exacting details about any of the contact / contracts / agreements between the HOA and developer? How about any/all municipal / county codes regarding easements and potential easements?

What I'm getting at: Know the facts first.

 

[Leo]

A person is pretty powerless about easements. The east side of my property runs along a county road. A year after I bought my house, a contractor was sent through that cut out the shrubbery, the rose bushes and a couple of ornamental trees along the county right of way. Calls made to the sheriffs office, the county road people and the utility company were all the same, it is an easement, and the HOA and the property owners have no say.

 

[indyblue]

Look up the GIS map of your area to find out who or what that land area is owned by.

i.e. Hamilton Co. https://gis1.hamiltoncounty.in.gov/GeneralViewer/

It will show where all property lines are including easements and shows the ownership of plats and easements.

 

[Jeepster48439]

You will need a lawyer and a surveyor to pursue this. The trees are now gone. If they were indeed not on M/I's property or in an easement that they have authority to use, what do you expect as the final resolution?

 

[BE Mike]

I will have the trees on my property removed when they put a new drainage pipe along side the road that is right on my property. As in your case, the trees are a buffer between the road and my house. I'm not looking forward to that. I suppose I'll just have to plant new trees closer to the house when this is done.

 

[Tactically Fat]

Look up the GIS map of your area to find out who or what that land area is owned by.

i.e. Hamilton Co. https://gis1.hamiltoncounty.in.gov/GeneralViewer/

It will show where all property lines are including easements and shows the ownership of plats and easements.

Note: That's for general informational purposes only. It's not legal.

It'd have to be from a proper surveyor (or two) to count.

But those GIS sites (Beacon Schneider being another) are pretty good - generally speaking. But you can only have polygon land plots on those GIS maps that are as good as your aerial photography.

 

[gregkl]

Post 8 is right on. There are plenty of variables with things like this. I had an issue with ATT contracted tree cutters that came through my property and cut trees down incorrectly(long story). I took it all the way to the state's attorney general and I couldn't get any restitution.

They were technically in an easement so therefore I had no leverage.

Though when Duke put a hang tag on my door letting us know they were going to trim trees, the arborist met me at the house and we came to an agreement how they are going to trim the trees that are left. Duke get's what they want; growth out of their lines and I still have nice looking trees that still screen me from my neighbor.

 

[WebSnyper]

You will need a lawyer and a surveyor to pursue this. The trees are now gone. If they were indeed not on M/I's property or in an easement that they have authority to use, what do you expect as the final resolution?

If they were not on MI land, and were NOT on an easement then restitution for mature tree replacement to the HOA if it was on HOA owned ground


Though I agree with others, obviously easement would be the primary thing to determine after property line confirmed.

 

[wcd]

Prime example of why shared driveways and easements are to be avoided if at all possible.

 

[Tactically Fat]

Prime example of why shared driveways and easements are to be avoided if at all possible.

My wife's former step dad, who she still considers to be her dad (LONG story) - lives on an almost mile-long shared driveway along with 7 other houses (one of which belongs to his brother).

He's an industrious chap - and has pretty much been responsible for maintaining that long road back to his house for the last 20 years. His house is the farthest from the highway.

He's stated that it's been a royal pain the ass the last handful of years. The other two guys who helped have since moved out. So now, it's 100% "on him" and he's tired of it.

He's really kicking himself now that he and the others didn't take the county up on the offer to make it a "real" road way back when the houses were first being developed.

 

[HoughMade]

I live on a private road with 8 total houses. We created an LLC to own the road which we all own equally in its entirety. We pay $200 every 6 months for maintenance, but it is fully paved so that is being banked to repave when we have enough.

About half of the people on the road (myself included) own equipment that can be used for snow removal and we all just get it done when it needs it. It has never been a problem in the 6+ years I have lived here. No one here is going to move any time soon. I hate to say it, but it likely makes a big difference that it's a bunch of mature people (even though 1 family is under 30) with jobs and means who are responsible and like to help out their neighbors. It's amazing how that makes things easier.

 

[zippy23]

Update: so the city contacted the developer to cease operations. The city admitted to me on an email that the developer made a mistake. The city said they are behind me and u neighbors, and are forcing the developer to come up with a restoration plan. Me and my immediate neighbor have been contacted today to set up a meeting with the city and developer all together to discuss the restoration plan. We are dealing directly with the director of city planning and development. He said the city and us will need to approve of this restoration plan. So they made this mistake, they must make the situation whole. Should I contact a lawyer, go to the first meeting and see what the developer is offering to do? The city director said he'll use the resources of the city to help make this situation right.

 

[zippy23]

If they were not on MI land, and were NOT on an easement then restitution for mature tree replacement to the HOA if it was on HOA owned ground


Though I agree with others, obviously easement would be the primary thing to determine after property line confirmed.

This was not m/I land, the HOA takes care of this land, and it's very far off the road, all the other utility lines are right next to the road, the trees are pretty far off.