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#41
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On Apr 29, 1:13*am, wrote:
On Apr 28, 10:09*pm, Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? *I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. Umm, it's ALREADY on your property if the only thing keeping it from hitting the ground is YOUR tree. I'd tell them to remove or I'd call the county. Since you like these neighbors, you might want to tactfully "bring it to their attention" (yeah, yeah, they know you know they know) and mention the danger to your kids, etc. If you don't get a positive response such as, "We'll have it removed right away", then call the county. It's a hazard and your neighbor will be ordered to have it removed. Simple. Don't know where you live, but it doesn't work like that where I live. Whatever part of the tree is on your side of the property is your responsibility, period. |
#42
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
"Ron" wrote in message
... On Apr 29, 1:13 am, wrote: On Apr 28, 10:09 pm, Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. Umm, it's ALREADY on your property if the only thing keeping it from hitting the ground is YOUR tree. I'd tell them to remove or I'd call the county. Since you like these neighbors, you might want to tactfully "bring it to their attention" (yeah, yeah, they know you know they know) and mention the danger to your kids, etc. If you don't get a positive response such as, "We'll have it removed right away", then call the county. It's a hazard and your neighbor will be ordered to have it removed. Simple. Don't know where you live, but it doesn't work like that where I live. Whatever part of the tree is on your side of the property is your responsibility, period. =========== Bad law you have there. That enables a neighbor to ignore an obvious problem until it becomes someone else's. Then they can ignore it some more. Whenever you notice a bad law or a bad project about to be financed with public money, you can be 100% sure that it was due to either stupidity, or a politician benefitted financially from the law or project. Always. There are no exceptions. |
#43
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Neighbor's dead tree is leaning against my oak and threateningto fall on my property
JoeSpareBedroom wrote:
"Ron" wrote in message ... On Apr 29, 1:13 am, wrote: On Apr 28, 10:09 pm, Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. Umm, it's ALREADY on your property if the only thing keeping it from hitting the ground is YOUR tree. I'd tell them to remove or I'd call the county. Since you like these neighbors, you might want to tactfully "bring it to their attention" (yeah, yeah, they know you know they know) and mention the danger to your kids, etc. If you don't get a positive response such as, "We'll have it removed right away", then call the county. It's a hazard and your neighbor will be ordered to have it removed. Simple. Don't know where you live, but it doesn't work like that where I live. Whatever part of the tree is on your side of the property is your responsibility, period. =========== Bad law you have there. That enables a neighbor to ignore an obvious problem until it becomes someone else's. Then they can ignore it some more. Whenever you notice a bad law or a bad project about to be financed with public money, you can be 100% sure that it was due to either stupidity, or a politician benefitted financially from the law or project. Always. There are no exceptions. In this case, about 800 years of Common Law, from jolly old england, passed down to our founding fathers. Closely related to the one about fruit that hangs on a limb that goes over the property line. No half-vast conspiricy involved, just tradition. -- aem sends... |
#44
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
aemeijers wrote:
Lordy. Way overthinking this. Around here, the property line rules- it hits your land, your problem. Call a tree service, get an estimate for your part and for his part. Show it to the neighbor, and along with asking for permission for the tree guys to go on his side of the line to work, ask if he wants them to clean up the part in his yard as well. Around here, insurance usually only covers if tree hits house or outbuilding, or house/outbuilding is at risk. I had a tree take out my shed, and my agent told me I'd be better off eating it (the $500 above the $500 deductible), because the NEXT claim would bump me into high-risk category. So I paid the tree guy out of pocket ($325), and I am (slowly) blacksmithing the shed myself, instead of buying a replacement. Where's "around here?" Zimbabwe? If anybody (neighbor, stranger, martian), through action, inaction, or negligence causes damage to your property, he is liable. "It was okay when it left my place" is not a viable defense. Suppose your neighbor CUT his tree down and it fell on your house, killing your children and cat. "It's on your property, deal with it" would not be an acceptable response to your polite complaint. There is no legal difference between negligently chopping down a tree and allowing a dead one to fall on its own. I wouldn't even dream of involving lawyers in this. It is going to cost a couple of grand at most, and even if you win, who wants to live next to an enemy? Life is too damn short, etc. I agree that a lawyer would be inappropriate at the beginning. Should a resolution not be forthcoming at stage one, a lawyer would, however, be necessary to recover the loss of heirlooms, medical expenses incurred in trying to lift the tree, pain, suffering, emotional distress, loss of consortium, punative damages, and the interests of the unidentified heirs. |
#45
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
JoeSpareBedroom wrote:
my opinion from experience........... the property owner the tree grew on knew it was dead, and didnt have it removed. as such he is responsible for all costs....... That's not an "opinion," that's a FACT. |
#46
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
TD wrote:
A spin on this is "My insurance will pay for damage to my property, but then they will sue you to recover their expense." As a LEGAL principle, the neighbor is responsible for all damage something on his property causes on another (excepting acts of God like a lightning strike or armed rebellion). He's already proven he's not a "good neighbor" by letting the situation reach the imminent peril stage. How do you know what they can see? Perhaps the neighbor doesn't know the tree is broken. They may not be able to see it from their vantage point. You raise a good point - if the neighbor was unaware of the problem, it's hard to prove liability. It should be easy, however, to prove the neighbor SHOULD have known. It's his responsibility to monitor his property for hazards, especially something as large as a tree. If the neighbor can't monitor his property - say he's trying to convert little brown babies in Africa to the one true church - he still has an obligation to employ an agent to look after things. |
#47
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
In article
, Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. OK, I've been following this thread fairly closely. Here's my 25 cents (2 cents worth of opinion plus 23 cents taxes) I have a couple of rental houses in another city. A year ago, one of my tenants called and said that a tree in the backyard had fallen, crashing through the fence into the neighbor's yard. The neighbor claimed ownership of the fence and wanted me to pay to have it fixed. Not knowing **** about the "law," that sounded reasonable to me. My tenant is a competent fellow as well as a reasonable one, and he agreed to cut up the tree and haul it away, and rebuild the bad section of fence (about 30 ft length of standard 6' dog eared 1 x 6 on 2 x 4 rails with 4 x 4 posts.) He did this at an agreed upon reduced rate. (He's a contractor.) The total bill came to $850. I paid it and moved on with my life. Having read this thread, I think now that I should have asked the neighbor to at least split the cost with me. But I wouldn't get into any kind of ****ing contest about something like that. Being a good neighbor is a lot more important to me than being right. Some advice columnist once said: "If you've got bad neighbors, chances are, so do they." |
#48
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On Apr 29, 4:27*am, "HeyBub" wrote:
LouB wrote: Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? *I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. first just ask nicely. You might gently point out that his insurance company will not pay for any damages cause he could have fixed the problem. A spin on this is "My insurance will pay for damage to my property, but then they will sue you to recover their expense." As a LEGAL principle, the neighbor is responsible for all damage something on his property causes on another (excepting acts of God like a lightning strike or armed rebellion). He's already proven he's not a "good neighbor" by letting the situation reach the imminent peril stage.- Hide quoted text - - Show quoted text - Hmm, armed rebellion is an Act of God? Interesting,,, |
#49
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Acts of Gahd (was Neighbor's dead tree..)
gwandsh wondered aloud through message
after "HeyBub" quipped: [snip] on his property causes on another (excepting acts of God like a lightning strike or armed rebellion). Hmm, armed rebellion is an Act of God? Interesting,,, Sure they are! Don't rebels^Wdisatisfied-but-armed-citizens normally believe Gahd is on THEIR side? The Ranger |
#50
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
Why should the neighbor pay 1cent when YOUR tree fell and damaged HIS
fence? On Apr 30, 11:58*am, Smitty Two wrote: In article , *Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? *I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. OK, I've been following this thread fairly closely. Here's my 25 cents (2 cents worth of opinion plus 23 cents taxes) I have a couple of rental houses in another city. A year ago, one of my tenants called and said that a tree in the backyard had fallen, crashing through the fence into the neighbor's yard. The neighbor claimed ownership of the fence and wanted me to pay to have it fixed. Not knowing **** about the "law," that sounded reasonable to me. My tenant is a competent fellow as well as a reasonable one, and he agreed to cut up the tree and haul it away, and rebuild the bad section of fence (about 30 ft length of standard 6' dog eared 1 x 6 on 2 x 4 rails with 4 x 4 posts.) He did this at an agreed upon reduced rate. (He's a contractor.) The total bill came to $850. I paid it and moved on with my life. Having read this thread, I think now that I should have asked the neighbor to at least split the cost with me. But I wouldn't get into any kind of ****ing contest about something like that. Being a good neighbor is a lot more important to me than being right. Some advice columnist once said: "If you've got bad neighbors, chances are, so do they." |
#51
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Acts of Gahd (was Neighbor's dead tree..)
The Ranger wrote:
gwandsh wondered aloud through message after "HeyBub" quipped: [snip] on his property causes on another (excepting acts of God like a lightning strike or armed rebellion). Hmm, armed rebellion is an Act of God? Interesting,,, Sure they are! Don't rebels^Wdisatisfied-but-armed-citizens normally believe Gahd is on THEIR side? The Ranger EVERYBODY believes God is on their side. At least half of them are wrong. Often both sides are. -- aem sends... |
#52
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Acts of Gahd (was Neighbor's dead tree..)
And, that's how we get wars. Both sides rush into battle,
with God's divine protection. I wonder if God is up there, playing chess with all us idiots. All us nations of pawns, and God keeps pushing us into battle, jumping checkers and caputring players and killing each other off. -- Christopher A. Young Learn more about Jesus www.lds.org .. "aemeijers" wrote in message ... EVERYBODY believes God is on their side. At least half of them are wrong. Often both sides are. -- aem sends... |
#53
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Acts of Gahd (was Neighbor's dead tree..)
Stormin Mormon wrote:
And, that's how we get wars. Both sides rush into battle, with God's divine protection. I wonder if God is up there, playing chess with all us idiots. All us nations of pawns, and God keeps pushing us into battle, jumping checkers and caputring players and killing each other off. So is God playing with himself? |
#54
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Acts of Gahd (was Neighbor's dead tree..)
On Fri, 01 May 2009 03:17:30 GMT, aemeijers wrote:
The Ranger wrote: gwandsh wondered aloud through message after "HeyBub" quipped: [snip] on his property causes on another (excepting acts of God like a lightning strike or armed rebellion). Hmm, armed rebellion is an Act of God? Interesting,,, Sure they are! Don't rebels^Wdisatisfied-but-armed-citizens normally believe Gahd is on THEIR side? The Ranger EVERYBODY believes God is on their side. At least half of them are wrong. Often both sides are. Not everybody believes there is a god. Then, there are the pastafarians! http://www.venganza.org/ |
#55
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On Apr 28, 10:09*pm, Joe wrote:
My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. Big chain, bigger winch. Put it back where it came from. Thomas. |
#56
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
Thomas wrote:
On Apr 28, 10:09 pm, Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. Big chain, bigger winch. Put it back where it came from. Thomas. That's like the guy with two black eyes. He got the first when he untucked a woman's dress from her pantyhose as he stood behind her in line. |
#57
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
Strictly, legally speaking, it's completely your problem since you
knew it was dead and didn't tell your neighbor of your fears. You now can tell the neighbor you are having a crew enter their property for the purpose of fixing the safety hazard (i.e. cutting the tree so it no longer poses the hazard) and that they will fix any damage to the property caused by their work. To be neighborly, you should have the crew remove the entire tree and not just enough to make it safe. Had you done something upon discovery of the dead tree, the neighborly thing to do would have to have offered to pay half the cost to remove the hazard, and, if refused, to have paid the total cost. |
#58
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), Joe
wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. This can be a complex issue. Keep your children out of the yard during storms or a windy day. Keep and date a few pictures of the tree and let the neighbor know it is a hazard. Wait for his reaction, perhaps a week or two, then contact a city official who knows about these situations. You should NOT have to pay to remove a neighbor's tree. |
#59
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
"Phisherman" wrote in message
news On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. This can be a complex issue. Keep your children out of the yard during storms or a windy day. Keep and date a few pictures of the tree and let the neighbor know it is a hazard. Wait for his reaction, perhaps a week or two, then contact a city official who knows about these situations. You should NOT have to pay to remove a neighbor's tree. I agree with almost everything Phisherman said, but why do you think a city official would want or need to insert themselves into what seems to be a dispute as between two neighbours? |
#60
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Neighbor's dead tree is leaning against my oak and threateningto fall on my property
clipped
I agree with almost everything Phisherman said, but why do you think a city official would want or need to insert themselves into what seems to be a dispute as between two neighbours? It didn't sound like it was yet a "dispute". A "dangerous tree" is a code violation in my city and the city can remove the hazard if the owner does not. Funny how folks can post a question about a significant matter and then "disappear" and don't answer follow-up questions. It is conceivable that the tree is now situated such that the OP would be responsible for removal, and not the owner of the property from whence the tree came....we may never know. It would be interesting to hear how it is resolved. |
#61
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
Doug Brown wrote:
I agree with almost everything Phisherman said, but why do you think a city official would want or need to insert themselves into what seems to be a dispute as between two neighbours? Because that's what city officials DO. Normally they LOOK for things busy themselves with; someone coming to them with a problem is a bonus. |
#62
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
In article ,
" wrote: Funny how folks can post a question about a significant matter and then "disappear" and don't answer follow-up questions. That's SOP for google groupers. |
#63
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
On Tue, 28 Apr 2009 19:56:54 -0700, Steve Daniels
wrote: On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), against all advice, something compelled Joe , to say: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. I'm having some weed trees taken down next Friday. It will be $190 an hour. Were I in your shoes, I'd just get it done. I guess you could present the bill to your neighbor, say his tree littered your yard and this is what you had to do to clear it up, and see what he says. Or you could ask him what he plans to do about it. Or you could have the work done, and then go see Judge Judy. The law will vary from location to location. However around here and I believe most places, you have the right to cut or trim any part of a tree or other plant that is on or over your property. I don't believe many if any areas require the property owner who has the base of the plant on their side of the line is obligated to pay any of the cost. |
#64
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
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#65
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
Just want give everyone an update, I'm the OP, I've been putting off
talking to my neighbor but finally talked to him the other day and now I know why I was putting it off. He basically offered to pay for half of the removal - after he tried to argue with me that the tree was on MY property! I wasn't really in the mood to argue with him considering he just found of he has cancer so I agreed with him although I really feel like I'm getting the shaft in this deal since it's his tree and it's been dead for years. |
#66
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
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#67
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Neighbor's dead tree is leaning against my oak and threateningto fall on my property
KLS wrote:
On Sat, 09 May 2009 20:25:26 -0400, wrote: The law will vary from location to location. However around here and I believe most places, you have the right to cut or trim any part of a tree or other plant that is on or over your property. I don't believe many if any areas require the property owner who has the base of the plant on their side of the line is obligated to pay any of the cost. This is true generally, yes, but it's also true that one cannot cut or trim a neighbor's plant so excessively that it dies. Discretion is the better part of valor in cases like this. You can trim what is over your own property, to an extent. Our bldg. code has prohibition of "mutilating" trees - likely so neighbor doesn't cut half of a tree that is over his property. Lot of logic to the bldg. codes, as far as I have read. |
#68
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Neighbor's dead tree is leaning against my oak and threateningto fall on my property
Joe wrote:
Just want give everyone an update, I'm the OP, I've been putting off talking to my neighbor but finally talked to him the other day and now I know why I was putting it off. He basically offered to pay for half of the removal - after he tried to argue with me that the tree was on MY property! I wasn't really in the mood to argue with him considering he just found of he has cancer so I agreed with him although I really feel like I'm getting the shaft in this deal since it's his tree and it's been dead for years. Look on the bright side - paying 1/2 for tree removal is a whole lot better than having cancer. ) He may be a jerk, may just have made wrong assumptions (most of the tree IS now on your property, no?), or just preoccupied with his situation. Young? Old? |
#69
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
"Phisherman" wrote in message news On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. I spoke with an insurance adjuster tonight that is licensed in every state, Canada and most countries in Europe. So I trust their opinion, which is strictly from an insurance standpoint. First question: Did you ever discuss the dead tree with the neighbor? Or him with you? (Was he aware that it might be dangerous?) If yes: Call your insurance company. They will remove the tree and collect from the neighbor or his insurance. There may be a limit to how much they will pay to dispose of the debris. If no: Is the fence yours? (Yes means it is covered by your insurance) If yes: Is the dead tree touching the fence? If yes: Your insurance will pay to remove the tree to prevent addtional damage to insured property. No coverage for your tree unless you have a landscaping rider. If the fence is the nieghbor's and the tree is touching it, his insurance will pay to remove it. If the neighbor was not made aware of the danger and the tree is not toughing the fence then God intended for you to have that tree, dead or not. It is your responsibility to remove it. But, God may not be finished with the tree. A late, windy night the tree could fall farther and contact the fence. Then, whoever owns the fence needs to call their insurance company. |
#70
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On May 11, 4:41*pm, wrote:
"Phisherman" wrote in message news On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? *I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. I spoke with an insurance adjuster tonight that is licensed in every state, Canada and most countries in Europe. So I trust their opinion, which is strictly from an insurance standpoint. First question: Did you ever discuss the dead tree with the neighbor? Or him with you? *(Was he aware that it might be dangerous?) If yes: Call your insurance company. They will remove the tree and collect from the neighbor or his insurance. There may be a limit to how much they will pay to dispose of the debris. If no: Is the fence yours? (Yes means it is covered by your insurance) If yes: Is the dead tree touching the fence? If yes: Your insurance will pay to remove the tree to prevent addtional damage to insured property. No coverage for your tree unless you have a landscaping rider. If the fence is the nieghbor's and the tree is touching it, his insurance will pay to remove it. If the neighbor was not made aware of the danger and the tree is not toughing the fence then God intended for you to have that tree, dead or not. It is your responsibility to remove it. But, God may not be finished with the tree. A late, windy night the tree could fall farther and contact the fence. Then, whoever owns the fence needs to call their insurance company. There is no fence - just a rock wall that will not go anywhere if a tree falls on it. More likely it will take out a couple of smaller trees in the back of my property. The owner had to know about the tree because a dead tree- that was literally a foot away from this one - fell on his house last year. The tree guy who came to remove it most certainly informed him about the 2nd dead tree right next to it but the owner decided against removing it. The fact that the tree is leaning toward my yard and threatening to fall into my yard should be enough for him to take care of the problem but he just doesn't see to care. Question. If his tree fall through my yard and ruins the neighbors fence behind me - who then is responsible for the tree - when it's grown on one property and falls into two others? |
#71
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
On Tue, 12 May 2009 06:07:27 -0700 (PDT), Joe
wrote: On May 11, 4:41*pm, wrote: "Phisherman" wrote in message news On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? *I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. I spoke with an insurance adjuster tonight that is licensed in every state, Canada and most countries in Europe. So I trust their opinion, which is strictly from an insurance standpoint. First question: Did you ever discuss the dead tree with the neighbor? Or him with you? *(Was he aware that it might be dangerous?) If yes: Call your insurance company. They will remove the tree and collect from the neighbor or his insurance. There may be a limit to how much they will pay to dispose of the debris. If no: Is the fence yours? (Yes means it is covered by your insurance) If yes: Is the dead tree touching the fence? If yes: Your insurance will pay to remove the tree to prevent addtional damage to insured property. No coverage for your tree unless you have a landscaping rider. If the fence is the nieghbor's and the tree is touching it, his insurance will pay to remove it. If the neighbor was not made aware of the danger and the tree is not toughing the fence then God intended for you to have that tree, dead or not. It is your responsibility to remove it. But, God may not be finished with the tree. A late, windy night the tree could fall farther and contact the fence. Then, whoever owns the fence needs to call their insurance company. There is no fence - just a rock wall that will not go anywhere if a tree falls on it. More likely it will take out a couple of smaller trees in the back of my property. The owner had to know about the tree because a dead tree- that was literally a foot away from this one - fell on his house last year. The tree guy who came to remove it most certainly informed him about the 2nd dead tree right next to it but the owner decided against removing it. The fact that the tree is leaning toward my yard and threatening to fall into my yard should be enough for him to take care of the problem but he just doesn't see to care. Question. If his tree fall through my yard and ruins the neighbors fence behind me - who then is responsible for the tree - when it's grown on one property and falls into two others? If you can get a statement from the tree trimmer that he informed the neighbor the tree was dead or dangerous, call your insurance company. They will hadle it for you. |
#72
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On May 12, 9:07*am, Joe wrote:
On May 11, 4:41*pm, wrote: "Phisherman" wrote in message news On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), Joe wrote: My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? *I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself. I spoke with an insurance adjuster tonight that is licensed in every state, Canada and most countries in Europe. So I trust their opinion, which is strictly from an insurance standpoint. First question: Did you ever discuss the dead tree with the neighbor? Or him with you? *(Was he aware that it might be dangerous?) If yes: Call your insurance company. They will remove the tree and collect from the neighbor or his insurance. There may be a limit to how much they will pay to dispose of the debris. If no: Is the fence yours? (Yes means it is covered by your insurance) If yes: Is the dead tree touching the fence? If yes: Your insurance will pay to remove the tree to prevent addtional damage to insured property. No coverage for your tree unless you have a landscaping rider. If the fence is the nieghbor's and the tree is touching it, his insurance will pay to remove it. If the neighbor was not made aware of the danger and the tree is not toughing the fence then God intended for you to have that tree, dead or not. It is your responsibility to remove it. But, God may not be finished with the tree. A late, windy night the tree could fall farther and contact the fence. Then, whoever owns the fence needs to call their insurance company. There is no fence - just a rock wall that will not go anywhere if a tree falls on it. More likely it will take out a couple of smaller trees in the back of my property. The owner had to know about the tree because a dead tree- *that was literally a foot away from this one - fell on his house last year. The tree guy who came to remove it most certainly informed him about the 2nd dead tree right next to it but the owner decided against removing it. The fact that the tree is leaning toward my yard and threatening to fall into my yard *should be enough for him to take care of the problem but he just doesn't see to care. Question. If his tree fall through my yard and ruins the neighbors fence behind me - who then is responsible for the tree - when it's grown on one property and falls into two others? You first asked about this 3 weeks ago. People giving opinions suggested a variety of options, with most of them suggesting you simply go talk to the neighbor first. And if that didn't work, then to check with the municipality code enforcement official, who may treat it as a public safety issue. Since the tree is obviously dead and a danger, I think the neighbor would likely be responsible for damage if it occurs to other property owners when and if it finally falls. That situation is different from a tree with no obvious problems that falls, in which case the person who's property if falls from is generally not responsible. However, you aren't going to get a for sure answer here, as we don't even know where you live, let alone what the local laws may be. If you want a real legal opinion, talk to a local attorney. The attorney aside from giving an opinion, will most likely want to write a letter. And be aware that who may be responsible and actually establishing that and collecting are two different things. Since you now say a second property is in danger too, why haven't you and that owner just gone over and discussed it instead of engaging it open ended "what if" speculation? |
#73
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
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#74
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On May 14, 1:09*pm, Smitty Two wrote:
In article , wrote: You first asked about this 3 weeks ago. * People giving opinions suggested a variety of options, with most of them suggesting you simply go talk to the neighbor first. *And if that didn't work, then to check with the municipality code enforcement official, who may treat it as a public safety issue. Since the tree is obviously dead and a danger, I think the neighbor would likely be responsible for damage if it occurs to other property owners when and if it finally falls. * That situation is different from a tree with no obvious problems that falls, in which case the person who's property if falls from is generally not responsible. However, you aren't going to get a for sure answer here, as we don't even know where you live, let alone what the local laws may be. * If you want a real legal opinion, talk to a local attorney. *The attorney aside from giving an opinion, will most likely want to write a letter. * *And be aware that who may be responsible and actually establishing that and collecting are two different things. * Since you now say a second property is in danger too, why haven't you and that owner just gone over and discussed it instead of engaging it open ended "what if" speculation? 'Zactly. It's beginning to seem that the OP is more interested in worrying about financial / legal responsibility when the tree eventually falls, than he is about getting rid of the tree before it falls. Sheesh, all this time and apparently not one conversation with either neighbor. Smitty, I posted on May 10th that I did discuss this with my neighbor, go check. Yesterday he had a tree guy - well a guy who used to be a tree guy (friend of his son) take a look at the tree and said he can take it down but mentioned to us that he wasn't bonded or insured. If my neighbor uses this guy to take down the tree and it damages my property is my neighbor's insurance liable since this guy is not covered? |
#75
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
Joe wrote in
: On May 14, 1:09*pm, Smitty Two wrote: In article , wrote: You first asked about this 3 weeks ago. * People giving opinions suggested a variety of options, with most of them suggesting you simply go talk to the neighbor first. *And if that didn't work, then to check with the municipality code enforcement official, who may treat it as a public safety issue. Since the tree is obviously dead and a danger, I think the neighbor would likely be responsible for damage if it occurs to other property owners when and if it finally falls. * That situation is different from a tree with no obvious problems that falls, in which case the person who's property if falls from is generally not responsible. However, you aren't going to get a for sure answer here, as we don't even know where you live, let alone what the local laws may be. * If you want a real legal opinion, talk to a local attorney. *The attorne y aside from giving an opinion, will most likely want to write a letter. * *And be aware that who may be responsible and actually establishing that and collecting are two different things. * Since yo u now say a second property is in danger too, why haven't you and that owner just gone over and discussed it instead of engaging it open ended "what if" speculation? 'Zactly. It's beginning to seem that the OP is more interested in worrying about financial / legal responsibility when the tree eventually falls, than he is about getting rid of the tree before it falls. Sheesh, all this time and apparently not one conversation with either neighbor. Smitty, I posted on May 10th that I did discuss this with my neighbor, go check. Yesterday he had a tree guy - well a guy who used to be a tree guy (friend of his son) take a look at the tree and said he can take it down but mentioned to us that he wasn't bonded or insured. If my neighbor uses this guy to take down the tree and it damages my property is my neighbor's insurance liable since this guy is not covered? If I do something for which I would be better off having insurance against, then it is my pocketbook rather than the insurance company's that is at stake. So either he has the capital to absorb any damage claims or he is trying to have you say ahead of the occurrence that you won't sue him. -- Best regards Han email address is invalid |
#76
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On May 18, 12:53�am, Joe wrote:
On May 14, 1:09�pm, Smitty Two wrote: In article , wrote: You first asked about this 3 weeks ago. � People giving opinions suggested a variety of options, with most of them suggesting you simply go talk to the neighbor first. �And if that didn't work, then to check with the municipality code enforcement official, who may treat it as a public safety issue. Since the tree is obviously dead and a danger, I think the neighbor would likely be responsible for damage if it occurs to other property owners when and if it finally falls. � That situation is different from a tree with no obvious problems that falls, in which case the person who's property if falls from is generally not responsible. However, you aren't going to get a for sure answer here, as we don't even know where you live, let alone what the local laws may be. � If you want a real legal opinion, talk to a local attorney. �The attorney aside from giving an opinion, will most likely want to write a letter. � �And be aware that who may be responsible and actually establishing that and collecting are two different things. � Since you now say a second property is in danger too, why haven't you and that owner just gone over and discussed it instead of engaging it open ended "what if" speculation? 'Zactly. It's beginning to seem that the OP is more interested in worrying about financial / legal responsibility when the tree eventually falls, than he is about getting rid of the tree before it falls. Sheesh, all this time and apparently not one conversation with either neighbor. Smitty, I posted on May 10th that I did discuss this with my neighbor, go check. Yesterday he had a tree guy - well a guy who used to be a tree guy (friend of his son) take a look at the tree and said he can take it down but mentioned to us that he wasn't bonded or insured. If my neighbor uses this guy to take down the tree and it damages my property is my neighbor's insurance liable since this guy is not covered?- Hide quoted text - - Show quoted text - call your insurance company and ask them...... |
#77
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
In article
, Joe wrote: Smitty, I posted on May 10th that I did discuss this with my neighbor, go check. Yesterday he had a tree guy - well a guy who used to be a tree guy (friend of his son) take a look at the tree and said he can take it down but mentioned to us that he wasn't bonded or insured. If my neighbor uses this guy to take down the tree and it damages my property is my neighbor's insurance liable since this guy is not covered? Sorry Joe, I may not have you whitelisted. Most googlegroupers are killed by default. I wouldn't have the neighbor's son's uninsured "used-to-be-a-tree-guy" friend do the work if I were in your situation. The risk / reward ratio isn't satisfactory. Not only are you in a heap big mess if the tree falls somewhere it shouldn't, but you could be on the liability hook for millions if the guy breaks his neck and becomes a quadriplegic. I'm not a namby-pamby about licenses and insurance, but I wouldn't touch this one. |
#78
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Neighbor's dead tree is leaning against my oak and threatening tofall on my property
On May 18, 11:31*pm, Smitty Two wrote:
In article , *Joe wrote: Smitty, I posted on May 10th that I did discuss this with my neighbor, go check. Yesterday he had a tree guy - well a guy who used to be a tree guy (friend of his son) take a look at the tree and said he can take it down but mentioned to us that he wasn't bonded or insured. If my neighbor uses this guy to take down the tree and it damages my property is my neighbor's insurance liable since this guy is not covered? Sorry Joe, I may not have you whitelisted. Most googlegroupers are killed by default. I wouldn't have the neighbor's son's uninsured "used-to-be-a-tree-guy" friend do the work if I were in your situation. The risk / reward ratio isn't satisfactory. But he's not the one, hiring the guy who's removing the tree. The neighbor is. As long as they do the work on the neighbor's property and the OP isn't involved in any way, he doesn't have any say over the risk/reward ratio. Now if the neighbor wants him to help pay for it or will be doing it on his property, then it's a different story. And to answer the OP's question, the neighbor's insurance company is PROBABLY responsible if bringing down the tree causes damage to your property. But, without seeing the actual policy, who knows? Without the actual policy and verifying that it is in effect, you don't know if he has insurance at all. I'd be more concerned about reading MY policy. Say bringing the tree down destroys your fence. If that is covered under YOUR policy, then you call your insurance company and let them worry about paying for it and then collecting from whomever. Not only are you in a heap big mess if the tree falls somewhere it shouldn't, but you could be on the liability hook for millions if the guy breaks his neck and becomes a quadriplegic. I'm not a namby-pamby about licenses and insurance, but I wouldn't touch this one. |
#79
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Neighbor's dead tree is leaning against my oak and threatening to fall on my property
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