My sister u/horrorcheck made the original post. Link to that post: https://www.reddit.com/r/arborists/comments/1nhp7qi/bugs_or_drill/
A brief recap: I noticed around 20 penny-sized holes in my front yard pin oak tree on Thursday 9/11 and sent a handful of emails to the extension service and other resources asking for assistance identifying the cause. I scheduled an arborist from a tree service to come out and assess. In the photos attached to this post, I added some images showing the frequency of the holes plus the size and location of the tree in the yard.
On Monday 9/15 the arborist said that they looked like drill holes. I was skeptical because it seemed unlikely that a neighbor would do that. I asked him to check with his manager, and he confirmed the suspicion. The tree service emailed me a proposal for some crown thinning and pruning to take place in a few months, and suggested I watch the tree for suspiciously rapid changes until then. He did not offer suggestions to fix the holes or wash or clean them out. I continued pursuing the bug angle last week since I had no proof a person had done it, and I collected samples of the sawdust from some of the holes. I aimed some security cameras at the tree, but I haven’t seen any unusual activity around it.
On Thursday 9/18, my across the street neighbor told us his mother had seen another neighbor drilling around the tree. I went over to talk to her. She said that a couple Saturdays ago when my sister (my sister the one who posted originally also lives here at my house with the tree) and I were both not at the house, my next door neighbor (NDN) came over and was using a cordless drill around the tree. She didn’t say anything because she thought maybe I’d given the NDN permission to do a treatment to the tree. This would have been Aug 30th or Sept 6th.
After talking to the lady across the street, I emailed the extension service, local tree board, and state bug and forestry people I’d been in contact with to update that it was a much larger pest than an insect or bird. I asked for any advice on helping the tree recover from potential sabotage and/or poisoning. No responses to these inquiries so far.
I called the police to make a report. They sent over an officer who took notes, tried to talk with some neighbors with cameras, and gave me an incident number. I asked the officer to ask the NDN if he applied chemicals and what kind. This neighbor is fastidious with yard work and I doubt he’d only do the first step of a tree killing treatment. Given that it was a couple weeks ago and no camera footage has been found, I wasn’t sure we’d be able to pin it on anyone in particular. The officer called me back today to update that he had reached out to the neighbor via phone and that he had not gotten a call back from the guy yet. The officer thinks that with a neighbor as a witness to the tree crime and some past experiences of NDN trespassing for tree purposes, they would be able to pin it on NDN. I have to send the police an estimated cost to repair the tree or remove it for the property damage charge, so I've asked the arborist if they can prepare something in writing to submit.
Should I talk to my homeowner's insurance while I wait for the arborist to respond and the police to investigate (or talk to the neighbor)? Would it be better to get an attorney and leave my insurance out of this?
Since I may be looking to replace this tree, and I want to to add some more trees in the next few years, what would you suggest for a good front yard tree that will provide shade and look nice but not damage my foundation or sidewalks?
by ThatsNotEvenAWord
13 Comments
I highly doubt insurance will even look at this because it isn’t damage to any part of your home. I don’t believe policies normally cover landscape features.
Even if I’m wrong on that, I wouldn’t get your insurance involved at all if you’re going to pursue a criminal suit. Those seem like two opposite directions. I’m just speculating here, not a lawyer. You might wanna post this in r/treelaw
I’d go after them for everything within my power if someone intentionally killed a mature tree like that in my yard.
Is it still in good shape?
I think you need to get some cameras first thing.
I’m not sure what your insurance provider is supposed to do. Is the tree dying rapidly or something?
sounds like a case for r/treelaw. they’ll have a better idea of what next steps to take
The fact that the arborist pitched “crown thinning” after confirming someone had intentionally drilled into this tree is absolutely disgusting. They should be ashamed of themselves.
Neighbor “C” may want to look for drill holes in their oak tree too. Ur next door a**hole, I’m mean neighbor, may be looking to get more sun or reduce the amount of leaves in their yard by poisoning surrounding trees. Im sorry this happened to u. I would take daily pics to show the decline in the tree’s health.
Get the damage estimate from the arborist, and provide it to the police and keep following up that way. If there can be criminal charges, it is the best way for you, because the prosecutor would do paperwork and you do not have to pay them.
This is why I live in the woods. Neighbors can’t be bad when they’re incredibly far away.
Given the massive damages that are often available for this sort of thing, you could likely get a lawyer to take this on contingency (ie., you pay nothing; they get a share of your winnings). If you can find someone reputable with relevant experience, you might reach out now. They might be able to advise on the investigation and what you need to do to prepare for trial.
The thing will probably live if it’s just holes. If he poured some triclopyr or some shit in there it probably won’t leaf out in the spring.
It looks like the holes we drill for direct injection fertilizer
Don’t take it down until a certified arborist tells you it has become a hazard, but definitely pursue legal action.