Moving from the country to an area with neighbors has benefits. It can also come with a few issues.
There are plenty of pluses to being closer to others. For example, proximity makes it easier to be social. Additionally, you have people nearby whom you can ask for assistance when you’re in need.
However, having more people around means others can easily get involved in your business—even if you really don’t want them to. The internet is filled with stories of bad neighbors, from neighbors who complain endlessly about phantom noises to those who cut down your trees without permission.
Now, a user on TikTok is sharing his own neighborhood dispute. Who’s right?
What Went Wrong With This Tree Removal?
In his video, TikTok user Tyler Herren (@tylerherren) explains that he recently moved. While he used to reside on “three acres in the middle of the woods,” he now lives in a neighborhood.
Although he enjoys his house, he says his new abode has “a few too many trees for my liking that were real close to the house.” And so, he decided to cut some down. To do so, he hired a company to come and remove the logs.
“Tree company came in, and they asked if they could use the neighbor’s driveway,” Herren recalls. “I told them no, right? ‘It’s not my driveway. I can’t give you permission to use it. Stay off of it. Keep everything on my side.’”
While they followed his orders, the neighbor who owned the adjacent driveway eventually came outside. The company asked the neighbor directly if they could use her driveway; according to Herren, she said that they could.
Things Take A Turn
The company moved its machine onto the neighbor’s property. Somehow, while in the middle of completing the job, the company left a scratch on her driveway.
“Very minor. You could pressure wash it and probably never see it again in two months,” Herren summarizes.
At this point, Herren says that someone—presumably someone in the house belonging to the neighbor—“decided to take the, I’d say, wrong road.”
“Instead of talking to me like a man, he’s out here videoing. He’s talking about lawsuits, talking about attorneys, talking about judges. He called 9-1-1,” Herren explains.
The sheriff, it seems, didn’t take the ordeal seriously. According to Herren, the sheriff laughed about the matter, saying something to the effect of “this is bulls—.”
In a comment, he says the man’s position is that “liability is on the homeowner, not the contractor.”
“Two weeks in, we’ve got a feud,” Herren summarizes. “Stay tuned.”
Who’s Responsible Here?
Generally speaking, it would appear that the contractor is liable for their own actions and any damages that may have resulted from them.
A relevant legal case in this matter is Whatley v. Sharma, decided in 2008. In this case, a man named Melvin Whatley hired a tree-cutting service to remove two trees from his yard. In the process of removing the trees, the service accidentally dropped one of the trees onto property belonging to Whatley’s neighbors, Atul and Parveen Sharma.
Later, the couple sued not only the contractor, but also Whatley. The couple argued that the contractor was liable for their actions, while Whatley was also liable as the removal of the trees allegedly could not be done without entering the Sharma’s property.
The Court of Appeals of Georgia ruled that Whatley was not liable because the contractor was an independent contractor, and Whatley did not control how the work was performed.
Applying the lessons of this case to Herren’s situation, it would seem that Herren is likely not on the hook for any legal consequences, though the whole ordeal may make for some awkward conversation around the neighborhood.
@tylerherren Neighborhood drama #neighborhood #hoa #drama
BroBible reached out to Herren via TikTok direct message and comment.