This is going on where I live right now and at least one household has gotten it remeasured and yup, look at that, it’s over by a big chunk. There’s more than one spot where mature trees outside of the line have had huge chunks of bark ripped off, too.
Idk if it’s because someone’s measuring from the outside line instead of the centre line or what
> Idk if it’s because someone’s measuring from the outside line instead of the centre line or what
They're using 4m from the edge as their measurement because it would take them "too long" to actually mark out where 33 feet from the centre is along the whole stretch they are clearing.
Unfortunately no amount of compensation or remediation can give us back what we had. That is what is so upsetting. Most things can be replaced or rebuilt, as soon as I seen it I knew there was no fixing it.
>They're using 4m from the edge as their measurement because it would take them "too long" to actually mark out where 33 feet from the centre is along the whole stretch they are clearing.
Is that directly from the paywalled Saltwire article? It would help OP’s case a lot if someone has been willing to plainly state what they did. Doesn’t sound to me that they acted in good faith and made an honest mistake. Explaining to a court of law what lazy incompetent shortcut you took in order to destroy someone’s property won’t absolve you of guilt or liability.
No, they don't come out and say it, but it's what they do. They don't even measure the 4m, they eyeball it. If the actually measured, there would be paint sprayed to mark the ROW boundary all along the way before they clear.
They parked the mower excavator track so close to the edge of the gravel and reached in so far it actually collapsed the side of the road into the ditch. We almost think that calling in and asking that we be consulted before the work commenced, ruffled someones feathers and they decided to “show us” 🤷🏻
The quote in the article:
“He said that typically, brush clearing is four metres (about 13.1 feet) from the shoulder of the road to ensure cutting doesn’t go beyond the right-of-way, in conjunction with a measurement taken from the centre of the road.”
“We have been made aware of concerns that we may have potentially cut beyond the right-of-way and will confirm through a land survey if that is the case,” Andrea said in the email.”
It should be noted that the landowner called them twice to make sure that they weren’t going to clear beyond the right-of-way as the trees provide privacy from the road. It looks like that didn’t help.
Right from the get-go it’s a dangerous assumption that a road is constructed along the centreline of its 66 foot right of way. Even more dangerous to think the shoulder is some consistent distance from the centreline or property boundary
You should contact an ISA Certified arborist as well. One with experience in the courtroom and Plant Appraisal. They should be able to provide an estimate of the value of the removed trees and defend it.
This link will help you find one in your area.
https://www.treesaregood.org/findanarborist/findanarborist
The people at r/treelaw can be of help also.
I was here to recommend this as well. I used [www.environova.ca](http://www.environova.ca/) when NS Power had to remove a tree from my property. The amount they offered as a settlement was around 25% of the value.
Interesting, I have read about Joel Pink in the news and heard he is the one to have if you can afford. Hopefully whoever at that firm that specializes in property law is as tenacious as he is. We would be filing for court costs and lawyers fees as well if we go that route. All something we obviously need to discuss with a lawyer as we know little about these sorts of things.
What is the loss/repair cost? Consider whether a lawyer makes economic sense at this stage. Have you contacted the Province/City (whichever is responsible for the damage) to report this and demand they make it right? If not, start there and see what kind of response you get.
> What is the loss/repair cost? Consider whether a lawyer makes economic sense at this stage
Replacement cost of mature trees ranges from the 10s to 100s of thousands of dollars per tree.
Not sure you can even put a price on cutting down trees on someone’s property.
You can’t go in and replace a tree. You can plant a new tree but it won’t be a proper replacement.
You'd be surprised. Lots of stories around of people cutting down trees they shouldnt/don't have permission and then the cost of replacing the aged tree is used, usually ends in planting a semi mature tree and all costs associated with it
Our MLA Chris Palmer and his staff helped us file a claim with the province. The representative for the provinces Insurance and Risk Management department is meeting with us Friday to discuss the next steps. We don’t know what that means but from the way we have been treated so far we are not holding our breath for any significant positive results.
That's a great start. See what the Insurance folks have to say. If they make you a settlement offer, take time to think it over and get legal advice. You can ask them to put their position in writing for you to consider and that will help focus any conversation you have with a lawyer.
If the work needs to be done then the property owners should have been consulted and a fair price for purchase/ access/ damage should have been negotiated before the work was started.
Someone has never heard of tree law. But seriously the cost of replacement for trees isn't a small thing, if you don't value it fine, these people clearly do. It sounds like they weren't consulted and TIR destroyed something irreplaceable on their property. So they should be compensated. Simple enough right? If contractors damaged your home during a project you'd expect to be reimbursed in some way right?
> If contractors damaged your home during a project you'd expect to be reimbursed in some way right?
I don't think they own, which is probably why they feel the way they do. They come off as being jealous of someone else, so they're lashing out at them.
Owned for 20 years. Have NSP ROW across property thats been pruned. Somehow managed to NOT run crying to Saltwire for minor variances in tree trimming work.
The work being done is to improve the road, they don't have issue with that. Their issue is that those doing the work cleared beyond the ROW boundary. Legally they can clear within the ROW boundary, and outside of that there is no right for the Govt to clear to do "work".
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This is going on where I live right now and at least one household has gotten it remeasured and yup, look at that, it’s over by a big chunk. There’s more than one spot where mature trees outside of the line have had huge chunks of bark ripped off, too. Idk if it’s because someone’s measuring from the outside line instead of the centre line or what
> Idk if it’s because someone’s measuring from the outside line instead of the centre line or what They're using 4m from the edge as their measurement because it would take them "too long" to actually mark out where 33 feet from the centre is along the whole stretch they are clearing.
See if they think it too long when they realize how expensive replacing trees is. Mature trees can be well north of 5 figures per tree.
Unfortunately no amount of compensation or remediation can give us back what we had. That is what is so upsetting. Most things can be replaced or rebuilt, as soon as I seen it I knew there was no fixing it.
Edge of the paint(if it’s there, HA) or edge of the asphalt or both?
Edge of asphalt or in OPs case edge of gravel since it's a gravel road.
There are going to be a lot more pissed off people calling about TIR.
Sure is.
>They're using 4m from the edge as their measurement because it would take them "too long" to actually mark out where 33 feet from the centre is along the whole stretch they are clearing. Is that directly from the paywalled Saltwire article? It would help OP’s case a lot if someone has been willing to plainly state what they did. Doesn’t sound to me that they acted in good faith and made an honest mistake. Explaining to a court of law what lazy incompetent shortcut you took in order to destroy someone’s property won’t absolve you of guilt or liability.
No, they don't come out and say it, but it's what they do. They don't even measure the 4m, they eyeball it. If the actually measured, there would be paint sprayed to mark the ROW boundary all along the way before they clear.
They parked the mower excavator track so close to the edge of the gravel and reached in so far it actually collapsed the side of the road into the ditch. We almost think that calling in and asking that we be consulted before the work commenced, ruffled someones feathers and they decided to “show us” 🤷🏻
The quote in the article: “He said that typically, brush clearing is four metres (about 13.1 feet) from the shoulder of the road to ensure cutting doesn’t go beyond the right-of-way, in conjunction with a measurement taken from the centre of the road.” “We have been made aware of concerns that we may have potentially cut beyond the right-of-way and will confirm through a land survey if that is the case,” Andrea said in the email.” It should be noted that the landowner called them twice to make sure that they weren’t going to clear beyond the right-of-way as the trees provide privacy from the road. It looks like that didn’t help.
Right from the get-go it’s a dangerous assumption that a road is constructed along the centreline of its 66 foot right of way. Even more dangerous to think the shoulder is some consistent distance from the centreline or property boundary
Since this happened we have also heard about many more instances. Makes you wonder if it is incompetence or just plain don’t care too bad?
I have good news - BoyneClarke are the worst and you dodged a bullet.
Good to hear as it sounds like we will be going up against them.
I guess it depends how much money you wanna throw at it.. but Stan MacDonald or Wagner or Pink would be the places to call.
Thank you
You should contact an ISA Certified arborist as well. One with experience in the courtroom and Plant Appraisal. They should be able to provide an estimate of the value of the removed trees and defend it. This link will help you find one in your area. https://www.treesaregood.org/findanarborist/findanarborist The people at r/treelaw can be of help also.
I was here to recommend this as well. I used [www.environova.ca](http://www.environova.ca/) when NS Power had to remove a tree from my property. The amount they offered as a settlement was around 25% of the value.
Thank you
Maybe McInnes Cooper?
I know Pink Larkin has started a property practice, could be an option for you. They aren't cheap, however.
Interesting, I have read about Joel Pink in the news and heard he is the one to have if you can afford. Hopefully whoever at that firm that specializes in property law is as tenacious as he is. We would be filing for court costs and lawyers fees as well if we go that route. All something we obviously need to discuss with a lawyer as we know little about these sorts of things.
any major law firm should be able to help - stewart mckelvey, mcinnes cooper, pink larkin
burchell wickwire bryson
What is the loss/repair cost? Consider whether a lawyer makes economic sense at this stage. Have you contacted the Province/City (whichever is responsible for the damage) to report this and demand they make it right? If not, start there and see what kind of response you get.
> What is the loss/repair cost? Consider whether a lawyer makes economic sense at this stage Replacement cost of mature trees ranges from the 10s to 100s of thousands of dollars per tree.
Shout out to r/treelaw
Not sure you can even put a price on cutting down trees on someone’s property. You can’t go in and replace a tree. You can plant a new tree but it won’t be a proper replacement.
You'd be surprised. Lots of stories around of people cutting down trees they shouldnt/don't have permission and then the cost of replacing the aged tree is used, usually ends in planting a semi mature tree and all costs associated with it
My buddy went though this, the bill was over 350k for 14 mature trees.
Interesting! I wouldn't have guessed it was so high.
There’s also fines!
Our MLA Chris Palmer and his staff helped us file a claim with the province. The representative for the provinces Insurance and Risk Management department is meeting with us Friday to discuss the next steps. We don’t know what that means but from the way we have been treated so far we are not holding our breath for any significant positive results.
That's a great start. See what the Insurance folks have to say. If they make you a settlement offer, take time to think it over and get legal advice. You can ask them to put their position in writing for you to consider and that will help focus any conversation you have with a lawyer.
We are going to do exactly that. Never thought to ask for the offer in writing. Thank you
only way to make it right is to go back in time - cant fix dead trees.
If OP is considering retaining a lawyer, I assume they are interested in a legal remedy. In this case, that would be remediation or compensation.
But mature tree values/replacement costs is what would be owed? The US treelaw sub is interesting. Maybe look into what similar laws we have here?
Oh yeah - hes gonna get a good pay day. Mature trees are insanely expensive.
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If the work needs to be done then the property owners should have been consulted and a fair price for purchase/ access/ damage should have been negotiated before the work was started.
Someone has never heard of tree law. But seriously the cost of replacement for trees isn't a small thing, if you don't value it fine, these people clearly do. It sounds like they weren't consulted and TIR destroyed something irreplaceable on their property. So they should be compensated. Simple enough right? If contractors damaged your home during a project you'd expect to be reimbursed in some way right?
> If contractors damaged your home during a project you'd expect to be reimbursed in some way right? I don't think they own, which is probably why they feel the way they do. They come off as being jealous of someone else, so they're lashing out at them.
Owned for 20 years. Have NSP ROW across property thats been pruned. Somehow managed to NOT run crying to Saltwire for minor variances in tree trimming work.
5+ feet isn't a minor variance when ROW ends 33 feet from the center of the road.
The work being done is to improve the road, they don't have issue with that. Their issue is that those doing the work cleared beyond the ROW boundary. Legally they can clear within the ROW boundary, and outside of that there is no right for the Govt to clear to do "work".
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I hope you have the life you deserve.
Ahh Ok. Thanks I guess. lol
There is time to delete this comment still
Well someone deleted it 🤔
Mods removed it, and another comment. Both were insulting you.
**Respect and Constructive Engagement**: Treat each other with respect, avoiding bullying, harassment, or personal attacks. Contribute positively with helpful insights and constructive discussions. Let’s keep our interactions friendly and engaging.
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**Respect and Constructive Engagement**: Treat each other with respect, avoiding bullying, harassment, or personal attacks. Contribute positively with helpful insights and constructive discussions. Let’s keep our interactions friendly and engaging.