What Can I Do About the Damage Being Done to My Property?

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My mother-in-law owns property and I planted with her permission, dog woods , redbuds, and forsythia bushes, along with black walnut starts, and berry bushes. The electric company tells their employees, Asphundi, to clear 15′ from each side. Of course they don’t do it anywhere else but our driveway. They didn’t follow the easement for property which stated: “CUT AND TRIM TREES AND SHRUBBERY TO THE EXTENT NECESSARY TO KEEP THEM CLEAR OF SAID ELECTRIC LINE OR SYSTEM AND TO CUT DOWN FROM TIME TO TIME ALL DEAD, WEAK, LEANING OR DANGEROUS TREES THAT ARE TALL ENOUGH TO STRIKE WIRES IN FALLING.” My husband and I also signed a contract with Asphundi, but we told them TO CALL THE DAY BEFORE they were there. Two days passed and we never heard from them either day or the day before. I heard them cutting on July 17, 2013, but thought they were working on road. When I saw what damage they had done, my driveway ditch was gone, they had also dug up a stump, and with the BULLHEAD MULCHER they had, torn up a wood pile that we use to heat with wood. I told them to get off the property. I wrote the electric company a letter right away, however, they wouldn’t give me the address to Asphundi. I told them they were going to be sued. I gave them a year to do something, nothing was done. I sued them for $3,000, the judge told them someone will have to pay the damages done, and dismissed wo/prejudice. I then filed again. I have a Power of Attorney that makes me or my husband her agent. Then I got told I was now acting like a lawyer and that is illegal in state of Ohio. What do I need to do? There were 10 dogwood, 20 redbud, 15 forsythia. They were all about 5yrs old. All trees and bushes suck up the water that comes from the natural springs off the road, and with the rain, we have had to do our driveway over and over. The tree company removed a stump that was there for the last 20 years, and mulched a firewood pile (we heat with wood). Asphundi has been here 3 times asking what can they do. I waited for a year for someone to ask, I am done. My last suit was for both of them Carroll Co/op $3,000 and Asphundi $3.000 for the property damage and tree damage and loss, because nothing came back, it is all weeds just wondering if they put poison on the dug up roots. I must have a case but I am missing something. It was dismissed wo/prejudice again. What should I do?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

See a lawyer. Quickly. I’m no expert, and you’ll no doubt need to get one, but I suspect you may be underestimating the value of the damage that was done. Established trees can be quite valuable. More importantly, this has gone on for some time, so you may have an issue with the applicable statute of limitations. I do not know what that is, but a local attorney will. And if I’m mistaken, and you do have a good handle on the amount of damages, the attorney can help you re-file and prosecute your case in small claims court, probably for the cost of an hour’s consultation.



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Author: House Attorney