Complaint Review: Asplundh

 Update to Asplundhs work efforts:    Over the winters of  2013 and 2014 the powerline Asplundh accessed by using my driveway for chipping trees had no less than three trees fall over onto the powerline.  This was caused by the way they "pruned" the trees by only cutting one side of them instead of just removing the tree.  Heavy wet snow and frozen ice weighed the untrimmed side of the trees. They spun and broke falling onto the powerline.  Like I said before, it was a hack job.  A differrent tree removal company took care of these downed trees.  They even asked if they could park their trucks in my drive before doing so!  It's obvious Asplundh has no concern of private property and believes they are entitled to access a powerline from anyware they see fit, even if it is across your private property.          

There is a powerline going to my house from a utility pole across the street, however no trees were cut or trimmed for this line as none was needed. They used my driveway for their chipper operations as they were being lazy(were trying to get as close as possible to the adjacent property).

You don't know what happened. You weren't there.  By your statement utility line contractors have the right to go wherever they want with no notice. That is incorrect.  This event would be equal to a roofing contractor using your driveway to park their equipment while working on a neighbors house. They didn't need to be there but decided they wanted to be there.

They were dragging trees from the line adjacent to my property across my lawn and onto my driveway to chip them there.   Prior contractors did not do this, they used the street instead.    The driveway pavement thickness is very thin where they were and with the ground frost conditions it was the reason the edge of the drivewaynow has indentations from the truck.  Going back and forth in the driveway with a chipper on the back didn't help either.  

It's my property. Period.

It's appropriate to update all on my opinion of all the comments on this veterans day (as I served 21 years)

#1.   Asplundh parked their equipment on my driveway blocking me in while not even asking if they could do so. My driveway is private property and there is no right of way on it. They trimmed no trees to power lines going to my house (none was needed as there are no trees obstructingf these lines).  They were being lazy and cutting trees adjacent to my property,  dragging them across my lawn and were about to place them in the chipper (which was running 20' from my occupied house/ 8 a.m. on a sat morning).

#2. Prior contractors never did this, parking on the street instead. Asplundh chose to use my driveway as their chipper location.

#3. They left when I demanded they do so. If they were so "legally entitled" to be there then why did they leave so quick? They moved one street over and immediately departed when the police showed up asking why they were doing this at 8 a.m. on a saturday in a residential area.

#4. They returned Monday when everyone was gone; helped themselves to my driveway and did their chipping operations approximately 10' from my garage (resulting in debris all over my truck, driveway, and lawn). LED lighted driveway marker was run over/crushed. It took about 4 hours to clean up the mess they left. The dents on my garage metal trim were probably done by them (dents were not there before monday) but there is no way for me to prove it.  

#5. My wife had just been able to go to sleep after being up all night despondent over the recent passing of her sister.  That is probably where most of my anger came from; along with Asplundh's attitude my property is theirs to use whenever they want.  It is not.  

#6. I have a different plan for next time. 

I like how u all fuss and wine.you sit at your desk and  slander people who help keep your lights on.you need to look up right of way and yes they have one so stop acting like you no everything if its under the line or in the right of way they can act.cut it down if they wanna.but let an ice storm hit and your glad to see em they work hard and there work is dangerous.when the last ice storm hit they worked long and hard I was glad to have em so before you trash them give them the credit they deserve good job asplundh I'm glad there are still hard workers like you thx for all your hard work and and putting up with ungrateful people like them.

OBVIOUSLY WRITTEN BY THE OWNER.

So I actually was informed about this by another source. You see I work for Asplundh and my father is the actual supervisor of region 44 which covers all of Maine. The man that you spoke with on the phone, John Christopher was actually the General Foreman and not the supervisor. From what I have read I understand that some information is missing from the complaint. First of all because the power lines that bring power to your house are owned by Central Maine Power they must bid out the work to different Tree companies.

Asplundh got the 4 year contract and it is there job to trim and maintain the trees and brush around the power lines. This mean every power line that has power supplied from cmp is trimmed by Asplundh or Lucas Tree. Now there are some individuals that make the choice that they don't want their trees trimmed around the powers lines. Yet in order to do this this they must contact the CMP offices and tell them they do not wish to have their lines maintained. So if a property owner did not do such actions they have no right to tell the tree company to get off their property because they are working.

Asplundh can work 7 days a week depending on how much work there is in the area so working Saturdays arent a uncommon occurrence. From what I understand they did everything correct. They arrived on the job site right on time and fallowed the proper procedures. They are not obligated to ring someones door bell and ask if its ok to work because they have the right to work there. Also I am not too impressed with the way many people choose to approach employs. Most people are very polite and respectful and calmly talk to the employs.

Yet you do have the few customers which choose to make the confrontation a bit more hostel. How would you react if someone came up to you while you were working and started swearing and yelling at you? The man you confronted kept his cool and turned the chipper off and talked to you. As you say they did ask when it would be alright to come back and like you said they choose to come back Monday. Yet even though you said you didn't want them on your driveway it wasn't trespassing because they had a right to trim the power line and if it involved having to use equipment on your property they had the right to.

I would also like to comment about the complaint about how the trucks damaged your drive way. The trucks weight should not affect the structure of the drive way. They are not enough weight to warp asphalt. Now if they had parked on the grass that would be another issue because that would have left a mark on the lawn. Now about some of your comments.  You said if equipment was ever left unattended on your property you would take the keys. That is considered theft no matter what you want to call it. Also in 4 years there will be another tree company showing up to trim the lines and unless you tell CMP that you dont want them there, theyre going to be there.  

I see all the comments some wan-a-be lawyer keeps adding to your post probably a Liberty Mutual Insurance turd. I too had property destroyed by these unskilled, desperate for a dollar illegals.  Oh sure ASSPLUNDH throws a documented worker in there once in a while but let the INS show up and they all run for the hills except the driver. ASPLUNDH hires cheap undocumented labor because ASPLUNDH is owned by cheap bastards. Their worker rats sneak up to your house when they know you will be at work and you can't bother them while they rape and pillage your yard and trees.  They DID NOT TRIM MY TREES they tore them up and crushed all the thousands do dollars worth or rare lillies just below a couple of the branches.  They did not just stay in the tree bucket they were all over my property and dragged the crap all over my yard.   It took 2 years for the trees to look OK not good but better and 2 years for my rare lillies to partially recover.  ASPLUNDH you are hated. I will be waiting for you if you ever show up again with the police and the INS by my side.  My brother in law is the Chief of Police and has no intentions of retiring or quitting for he next 25 years. And no they don't give a dammed if they destroy your property. Oh and Mr. Liberty Mutual Lawyer or Asplundh employee go shove your warning comments. 

Sorry Todd, you do not have the authority to confiscate the keys to any of their vehicles.  The police can't even confiscate them, unless they are committing a crime.

As for the floor jack, thinking and doing are two different things.  You're also correct that you do have a right to protect your home and family.  What you don't have a right to do is vandalize their equipment to do it.

Concerning citizen arrests, yes, you could do that.  If you do it, make very sure that you are doing it legally.  If not, you could be facing a very serious lawsuit.

I wholeheartedly agree that Asplundh was in the wrong.  A situation such as this is a classic example of something that should be left to law enforcement. 

Did I see where the previous post said that they were giving you "legal advice".  But they did have some good points that perhaps you may want to listen to as common sense.   Such as calling the police if they trespass on your property again.

Anyways as to one of your other comments..with some totally "non-legal" advise.

If I took the vehicle keys: It's only theft if i was to "permanently deprive" them of the
property.  The intent was to provide the police with the keys.   
- Okay then how about unlawful detainment.  Because you are depriving them of the ability to leave.  Also, you mention that you can arrest them as well.  That would be correct in certain circumstances.  But just like the police can be charged with doing a false arrest..so could you.  So if you do this you better be 100% sure you have a solid legal ground to stand on...or a very good lawyer.

Floor jack into chipper = vandalism and assault.......Thinking about doing it and doing it are two different things........however, what about a chipper 30' from your occupied home....if it came apart or wood came back and hit the house/windows, is that not vandalism?
- Depends?  If they did that intentionally to cause damage/injury it could be.  However, if it is just a case where it was an accident and the intent wasn't there you still have rights to go after them but that would be through the CIVIL court for your damages.

And do I not have a right to protect my home and family?
- Yes, but it has to be reasonable.  If you go out and shoot a guy dead for stepping on your property, and you will probably be in trouble.  But if that same guy breaks into your house and is waiving a knife at you then if you shoot him dead you are probably justified. 

But if you throw a floor jack into the chipper not only could you be arrested for vandalism because it was intentional, but if that causes anyone to be injured you may be held criminally liable for that as well.  So think about it all you want, but actually going through with it may not be the smartest move.

If I took the vehicle keys:  It's only theft if i was to "permanently deprive" them of the property.  The intent was to provide the police with the keys.    We had the same problem when someone trespassed onto Math Stewart's driveway.  The custodian was in more trouble for blocking the trespassers in by parking his vehicle to prevent them from leaving (while awaiting Law Enforcement) than the trespass itself.

Floor jack into chipper = vandalism and assault.......Thinking about doing it and doing it are two different things........however, what about a chipper 30' from your occupied home....if it came apart or wood came back and hit the house/windows, is that not vandalism?  And do I not have a right to protect my home and family?

Minimum amount of force necessary.........Yes you can, and a citizen has arrest rights too.

In the interim period of the event to the end of the month, I've had many friends tell me they'd have handled it differently......but I didn't think firearms would be an answer to anything......   

    

   While I fully agree that they should not trespass on your property, your report contains some questionable actions. 

"  I should have taken the keys from their truck  "

   That is called theft. 

"   I thought of shoving a floor car jack into the chipper while it was running.  "

  That would be called vandalism and could easily be interpreted as an assault if your action endangered the workers operating the chipper.

"  I advised if equipment was returned to my property, I would seize it, and use the minimum amount of force necessary to remove his employees.  "

   It is extremely unlikely that you are legally empowered to seize property.  It is even less likely that you are legally allowed to use any amount of force to do so.  

  Trespassing is a serious matter, but is less serious than the things you are contemplating.   You do not have carte blanche to enforce your property rights.   Your best bet is to call the police if they trespass again.  Be careful.

At 6:30 a.m. Went to Asplundh overnight truck parking site and took photos of all trucks and license plates (about 10 trucks).  Trucks were running and workers were coming in. Asked to speak to Supervisor.  Was given name of John Christopher and his cell phone number.  Called him and explained what had happened. He kept repeating "I find that hard to believe" and that they had been more than accommodating when I request they leave on a Saturday morning.  I advised I was passing his name and number to the Police and later did.  I also asked who I was to contact about the damages. His reply was the same, "I find that hard to believe" there was any damage.  I said he could come look at it from the public street at the front of my home but not to step one foot onto my driveway. Finally, after many attempts attempts, he acknowledged  Asplundh would no longer place any equipment on my private driveway.  I advised if equipment was returned to my property, I would seize it, and use the minimum amount of force necessary to remove his employees. That's when he finally started to understand I wasn't going away.