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Default 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.
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Default 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.


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Default 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...
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Default 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.


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Default 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.




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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.


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Default 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."
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Default 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,,,
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Default 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


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Default 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."




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Default 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...
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Default 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...


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Default 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?
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Default 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/

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Default 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.


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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.


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Default 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.
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Default 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.
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Default 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?


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Default 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.


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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.


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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.
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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.
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Default 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.


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Default 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?
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"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.
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Default 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?


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Default 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.
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Default 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   Report Post  
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Default Neighbor's dead tree is leaning against my oak and threatening to fall on my property

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.
  #74   Report Post  
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Joe Joe is offline
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Posts: 171
Default 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   Report Post  
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Han Han is offline
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Posts: 4,297
Default 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


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Default 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......
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Default 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.
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Default 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.


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