Re: PECO/Asplundh Tree Trimming Program

Steven: In our area, if you review title records, there is probably a right-of -way or easement agreement recorded in the recorder of deeds office which would set forth the width of the right-of -way, and whether or not the utility has the right to trim trees, bushes or other vegetation in the right-of way. Jim Davis, Tunkhannock
  ----- Original Message -----
  From: Steven J. Proctor
  To: Pa Bar Assoc Real Property List
  Sent: Wednesday, November 08, 2006 6:04 AM
  Subject: [realproperty] PECO/Asplundh Tree Trimming Program

  I have a client who lives in the Borough of Narberth, and who has a beautiful large specimen maple tree in his front yard. For years the practice of Philadelphia Electric Co., whose electrical lines run across the front of the property, has been to give written notice to homeowners of their tree trimming schedule under their Vegetation Management Program. My client has learned over the years that if one responds to the notice by calling PECO they will give telephone notice of the actual day their crew will be on site, so the owner can be present and provide input to the trimming crew as to exactly what branches will be trimmed and how, thus avoiding the typical "hack job" one often sees. His experience has been that the crews will actually listen to an owner and respect the owner's wishes.

  When our client received PECO's most recent notice letter he called the office listed therein to request that he be given phone notice of the actual work date for his property, and he was promised he would be given a few days advance notice of the crew's arrival at his property (PECO having contracted with Asplundh Tree Experts to do the work). You know where I'm going with this: Asplundh arrived unannounced a few days ago and utterly hacked the maple tree.

  My client had the tree examined by his own tree expert, who opined that, while Asplundh's crew probably didn't kill the tree, it will take years and years for it to recover to a semblance of its prior self. In the meantime, aside from the emotional distress my client has experienced and will continue to experience each time he looks at the tree, there has likely been a diminution in value of his property.

  Any thoughts as to whether there are any remedies available against either PECO or Asplundh? Does anyone know if a private utility trimming trees within its right of way (or, by extension, its contractor) has any immunity from liability, a la government immunity? If so, any thoughts as to the measure of damages? Any guidance would be appreciated. TIA...

  Steve

  Steven J. Proctor, Esq.
  Binder, Kalis & Proctor, P.C.
  1035 E. High St.
  Pottstown PA 19464
  610-323-6200
  Fax 610-970-2082

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Received on Wed Nov 08 2006 - 11:09:31 PST