Legal Question in Real Estate Law in Ohio
challenging the power company
I want to challenge the power company by refusing to allow the contractors hired by our local power company to come onto our property and butchering or removing a tree in our yard. I will agree to allowing them to cut the tree down, but I believe that they should be made to leave our property just as it was when they begin. Meaning, my flowers will not be damaged and they will remove all of the wood from the tree. I believe that they should be held accountable for removing the tree stump, but I would not press that part, if I can get my yard restored to exactly what it was, minus the tree. It is very expensive to hire clean-up of this sort, and since we don't want the tree butchered or removed, why should we have to pay for the clean-up?! If need be, I would like to do legal research at a local library to look for any precedence. I have a 2 yr degree in legal assisting, so I am somewhat familiar with law libraries. Can you advise me? Or, perhaps I could try to set a precedence. I feel that the utilities companies have too much leeway over property owners!
1 Answer from Attorneys
Re: challenging the power company
Well, the first thing you should do is research the law. This way you'll know what chances you have, and what you will have to show in court in order to win.
Second, you will not be able to challenge the power company before they cut the tree down (unless you get them to agree to enter into a contract with you - not likely!). Therefore, what will most likely happen is that they will come and cut the tree down, and then you will have to sue them for any damages you sustain as a result.
If you'd like to discuss this further feel free to contact me.
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