• Report: #820419

Complaint Review: Asplundh

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  • Submitted: Tuesday, January 10, 2012
  • Last Posting: Wednesday, January 25, 2012
  • Reported By: Todd007 — bucksport Maine United States of America
Asplundh
708 Blair Mill Road • Willow Grove, PA 19090 Internet o4416 United States of America

Asplundh Chipper and truck on my driveway without consent. Called police and filed report. Internet

*Consumer Comment: You're openning up a legal can of worms Todd.


3Author 3Consumer 0Employee/Owner

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In retrospect on day #1 I should have taken the keys from their truck; returned to my house, and call the police; and photo them on my property.  I thought of shoving a floor car jack into the chipper while it was running.

On Saturday, 7 Jan 2012 at 8:15 a.m. I was awakened by my dog barking and sounds of large trucks.  I looked in my paved driveway to see a large asplundh truck with tree grinder trailer backed onto my private driveway.  Two workers were firing up the chipper while others were dragging trees and branches across my lawn to my driveway to be chipped. They were about 30 feet from my house. I couldn't have driven off my own property if I wanted to. There was another truck parked adjacent to the driveway, orange cone deployed, with it's workers cutting trees. Tree limbs all over the place. Asplundh had just set up a chipping operation in my driveway 30 feet from my house without so much as a how-do-you-do!

I exited my house and approached the chipper operator. I made a slashing motion across my throat indicated I wanted them to shut off the chipper.  The "supervisor" rolled his eyes and waived his hands indicating to me he was ready to be approached by a rude land owner. They shut off the chipper.  I then yelled, "Who in the F_ck do you think you are? You are on my driveway, It's just after 8 on a Saturday morning, my wife just got to sleep, and you are doing this right next to my house?  Why can't you do this on a weekday? Why can't you ring the doorbell and ask if what you are about to do is ok? I want you to get to h*ll off of my driveway right now, I am calling the police."    The guy asked if it was ok to come back Monday. I said it was, but not on my driveway.  I then went inside and called the Bucksport Police Department (207) 469-7951 and spoke to Officer Bishop. He said he was on his way.

The operation stopped and both trucks moved one street west to access the same power-line  from the western side.  In 15 minutes they were all gone. The police responded and had advised them to come back at a more appropriate time.

On Mon, 9 Jan 2012 Asplundh crew returned onto my private driveway. There is no easement or right of way for utility access to use my driveway.  The truck, chipper, and Asplundh employees have no lawful right to be on my driveway. They did it because they were lazy,  had no concern for damage to private property, and knew I was not at home. They came onto my driveway and parked less than 10 feet from my garage. My driveway marker was broken off and left where it fell, there was sawdust and wood chips all over. The garage white metal trim flashing had a dent in it. My truck was parked in my driveway and had a layer of sawdust on it.  Wood chips went way over to my steps. The paved drive had aggressive rubber tire turning marks/tracks on it. The driveway was coated by a sealant company last June. I'm not sure of driveway damage due to the truck weight. Asplundh was told not to do this, but did it anyway, so this was intentional by Asplundh, so any liability is theirs.  I called the police. The responding Officer is a neighbor who saw the trucks today. The Police are to take care of trespass actions and are to contact your crew as they are still operating in Bucksport.  

I requested Asplundh contact me and provide confirmation Asplundh will no longer place any equipment on my driveway or private property for any reason. I reserved the right to file a claim against Asplundh if my driveway falls apart next spring because of the trucks being on it and any other damages.  

On a personal note I would like to add the mess Asplundh left after cutting operations looks like a hack job.  There were trees left (some are logs) under the power line area. Asplundh should be proud of the mess they made.

When comparing Asplundh's work with the prior contractor's, Asplundh's is pretty bad.  I wouldn't recommend Asplundh to anyone.  Maybe a big sign indicating "Asplundh At Work"  next to the hack job results would be an honest advertisement.   I'm very disappointed, this is no way to run a business. 

(((phone number redacted)))

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This report was posted on Ripoff Report on 1/10/2012 4:05:59 AM and is a permanent record located here: http://www.ripoffreport.com/landscape-companies/asplundh/asplundh-chipper-and-truck-on-f6e70.htm. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
3Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Update By Author

Asplundh Supervisor says "I find this hard to believe"

AUTHOR: Todd007 - bucksport (United States of America)

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.
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#2 Consumer Comment

Be careful.

AUTHOR: Flynrider - Phoenix (USA)

   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.
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#3 Update By Author

rebutal to "legal" advise

AUTHOR: Todd007 - bucksport (United States of America)

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......   

    
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#4 Consumer Comment

No where

AUTHOR: Robert - Irvine (U.S.A.)

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.
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#5 Consumer Comment

You're openning up a legal can of worms Todd.

AUTHOR: Brian - Noblesville (United States of America)

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. 


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