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.

"Joe" wrote in message
...
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.


Stop worrying and ask them. Let us know what they say, and we can proceed
from there.

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.




--

Real men don't text.

On Apr 28, 9:09*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.

call your city hall , maybe codes. Talk to the neighbor

Joe wrote in message
...
== Neighbor's Fallen Tree ==
I'm on good terms with this neighbor [..]

So are you going to _pay_ to have the work done or are you going to do it
yourself?

If you are going to pay for it to be done, then find out how much the job's
going to cost and simply tell the neighbor, "To take that dead wood away,
the contractor's willing to charge me $X. Your portion will be $Y." If he
balks, then you can tell him that the weekend clean-up for your neighborhood
is on so-and-such-weekend and you'll help move it to his curb that weekend."

If you are thinking of doing it yourself, then ask for his help (unless you
think he's the widow-maker) as a form of payment. We do this all the time in
my neighborhood. It's driving the tree-trimmers nuts but it allows most of
us to relive our Yout' by climbing limbs and stepping out from the top-step
pruning ladders.

The Ranger

"The Ranger" wrote in message
...
Joe wrote in message
...
== Neighbor's Fallen Tree ==
I'm on good terms with this neighbor [..]

So are you going to _pay_ to have the work done or are you going to do it
yourself?

If you are going to pay for it to be done, then find out how much the
job's going to cost and simply tell the neighbor, "To take that dead wood
away, the contractor's willing to charge me $X. Your portion will be $Y."
If he balks, then you can tell him that the weekend clean-up for your
neighborhood is on so-and-such-weekend and you'll help move it to his curb
that weekend."

If you are thinking of doing it yourself, then ask for his help (unless
you think he's the widow-maker) as a form of payment. We do this all the
time in my neighborhood. It's driving the tree-trimmers nuts but it allows
most of us to relive our Yout' by climbing limbs and stepping out from the
top-step pruning ladders.

The Ranger



Of course, whatever annoyingly huge chunks end up in the neighbor's yard
would be his to deal with. Gigantic chunks that the trash company won't take
away unless they charge extra. Probably requires renting a dumpster.

Or, the neighbor can negotiate.

JoeSpareBedroom wrote in message
...
I'm on good terms with this neighbor [..]

Of course, whatever annoyingly huge chunks end up in
the neighbor's yard would be his to deal with. Gigantic
chunks that the trash company won't take away unless
they charge extra. Probably requires renting a dumpster.

That's a policy only reserved for those very special, Good Neighbors. You
know the type: Filled with unsubstantiated promises and impossibly chipper
advice but incapable, and unable, to deliver on any of it. In the single
case, the whole damned thing would "fall back" into his property during one
of Ma Nature's wind shearing microgusts.

The Ranger

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.

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.

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'd be in favor of waiting a week to see if they take care of it. That
is sufficient consideration for a "good neighbor". If it is still
leaning then, call your code enforcement authority - the tree has been a
hazard for a year (proven by the fact that it came down) and good
neighbors, even stupid ones, don't leave hazards in place.

A few weeks ago, a palm tree in our condo property came down on a very
windy day. Some palms are eaten up by termites, as was the case with
this one. The trunk broke about six feet from the ground and the sound
it made was amazing - thought at first it was a sonic boom because the
shuttle was about to land.

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.

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.

Have your insurance company talk to his. If this was storm damage he
may be covered by his insurance and can get the tree removed for the
cost of his deductable which nmay or may not be a good deal.

JImmie.

Jimmie

Steve Daniels wrote in
:

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.





take pictures for evidence.

--
Jim Yanik
jyanik
at
kua.net

On Apr 28, 9:09*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.

Contact your city hall, they might have advise and take action for
you, talk to him. If it was a good tree and just fell it would not be
his fault, but since its been dead 1 yr he knows it, he is negligent
not to take care of the issue, he is responsible. Maybe you can get
your City Code Inforcement dept or whatever dept to talk to him, they
might even ticket-citate him if he doesnt take care of it fast. Now
its of harm to people so your city might act for you quickly.

"Joe" wrote in message
...
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 thing I would do is mention it to the neighbor, presented as a safety
issue and see what they say.

From a legal perspective (here) alive or dead once it crossed the property
line, the part that crossed the line became your property and your problem.

Since it sounds like the bulk of the tree remains on their property where
you have no rights you have to work with the neighbor or let your local code
enforcement office deal with them.

A dead tree leaning into another property and threaten the safety of
property, children or pets would be a 24 hour notice to correct in these
parts.

When the city gives you 24 hours to correct a problem it tends to become
"maintenance that is absolutely necessary".

Colbyt

A situation like this is the MOST dangerous tree situation there is - so far
as taking down the tree. Many professionals would not touch this except with
a bucket truck and/or heavy equipment. So don't even think of this as being
a do-it-yourself project!

With that said, a professional tree service would need to be called to
safely remove the tree. And this would be quite expensive.

And either your neighbor has the money to pay for this or they don't.

If they don't have the money to pay for this, then there is nothing they can
do! Period, end of story!

So I suppose if that is the case and you want safety for your kids, then you
would need to pay for it.

I suppose if it got to that, you could contact an attorney and have the
attorney arrange a repayment contract with the neighbor or some other legal
means of getting your money back.


"Joe" wrote in message
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.

"Joe" wrote in message
...
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.


Incidentally, depending on how the fallen tree is leaning against your oak,
it could threaten the health of your tree, and VERY QUICKLY. So, if I were
you, I wouldn't spend too much time thinking about what to do next.

On Apr 28, 9:09*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.

Ask the neighbor. If you get a cold shoulder and no cost sharing...
Then call your insurance company to send out an adjuster. Yours and
the neighbors' insurance companies will decide how to pay the bill.
Tree cutting is probably the most dangerous occupation, unless you do
it regularly I'd leave it up to a contractor. It is a hazard after
all.

JoeSpareBedroom wrote:
"Joe" wrote in message
...
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.


Stop worrying and ask them. Let us know what they say, and we can proceed
from there.


That's first thing he has to do. I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not see
the area from his house. He, his wife and son came out with a chain saw
and removed it. On reflection it was probably my total responsibility.
In this case there may be neighbors home owner insurance coverage.

On Apr 29, 7:27*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).


A more pertinent example would be a tree which falls down with no
obvious warning onto someone else's property. In most cases, that
is viewed similarly and the person who's property it was on is not
responsible either.

But if the tree is dead, or already partially falling down, like in
this case, then the property owner is held responsible.

I'd just start out by having a discussion with the facts as were
presented here, eg, "I'm concerned about the tree falling on kids on
my property, etc" and see what the neighbor says.

As Jim suggested, take pictures. If the neighbor won't remove it, my
next step would be to contact local code enforcement. They may be
able to force them to deal with it because of the safety hazard.





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 -

On Apr 29, 9:59*am, Frank wrote:
JoeSpareBedroom wrote:
"Joe" wrote in message
....
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.

Stop worrying and ask them. Let us know what they say, and we can proceed
from there.

That's first thing he has to do. *I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not see
the area from his house. *He, his wife and son came out with a chain saw
and removed it. *On reflection it was probably my total responsibility.
* In this case there may be neighbors home owner insurance coverage.- Hide quoted text -

- Show quoted text -

Normally if your neighbor's tree falls on your house its not your
neighbors fault or responsibility. In the case of a dead tree that is
obviously a hazard things may be different.

Jimmie

On Apr 29, 7:27*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 -

Normally a fallen tree is considered "an act of god". If your
neighbors tree falls on your house the neighbor is not liable. The
discribed situation is probably an exception. Not taking prompt action
may also cause other exceptions. If the "good neighbor" does nothing
about it he may appear negligent. If the OP doesnt try to resolve the
issue promptly this may lessen his case because he made no attempt to
mediate damages..

Jimmie

Jimmie

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.
The laws differ in each state. Here (Maryland), the neighbor is legally liable
for any of my damages or clean-up costs if he was negligent in ignoring a
hazardous condition that would predictably lead to my damages. For example, if
a large, apparently healthy, over-hanging branch from his tree broke off and
fell into my house or yard, he is not liable. If his tree was obviously dead
and leaning my way, I would have a case in MD. Bottom line: You need to check
your state laws if the situation cannot be resolved by a neighborly discussion.

On Apr 29, 8:34*am, "Colbyt" wrote:
"Joe" wrote in message

...

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 thing I would do is mention it to the neighbor, presented as a safety
issue and see what they say.

From a legal perspective (here) alive or dead once it crossed the property
line, the part that crossed the line became your property and your problem.

Since it sounds like the bulk of the tree remains on their property where
you have no rights you have to work with the neighbor or let your local code
enforcement office deal with them.

A dead tree leaning into another property and threaten the safety of
property, children or pets would be a 24 hour notice to correct in these
parts.

When the city gives you 24 hours to correct a problem it tends to become
"maintenance that is absolutely necessary".

Colbyt

My family and I often camp when we look for a suitable camp site trees
like this is one of the first things we consider. They are called
"widow makers".

Jimmie

Bill wrote:
A situation like this is the MOST dangerous tree situation there is - so far
as taking down the tree. Many professionals would not touch this except with
a bucket truck and/or heavy equipment. So don't even think of this as being
a do-it-yourself project!

With that said, a professional tree service would need to be called to
safely remove the tree. And this would be quite expensive.

And either your neighbor has the money to pay for this or they don't.

If they don't have the money to pay for this, then there is nothing they can
do! Period, end of story!

When it is a safety issue, or the owner ignores orders to do something -
like mow high weeds - the city might do it and sue the owner. If the
city orders removal and the owner(s) fail to comply, then it probably
goes to court.

The OP didn't state the size of the tree or how much is on which
property. I suppose if the majority of the tree is on the OP's
property, it might now be his responsibility to remove what is over the
line.

So I suppose if that is the case and you want safety for your kids, then you
would need to pay for it.

I suppose if it got to that, you could contact an attorney and have the
attorney arrange a repayment contract with the neighbor or some other legal
means of getting your money back.


"Joe" wrote in message
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.

Frank wrote:
JoeSpareBedroom wrote:
"Joe" wrote in message
...
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.


Stop worrying and ask them. Let us know what they say, and we can
proceed from there.

That's first thing he has to do. I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not see
the area from his house. He, his wife and son came out with a chain saw
and removed it. On reflection it was probably my total responsibility.
In this case there may be neighbors home owner insurance coverage.

The owner of the property where the tree grew might not get insurance
coverage for a dead tree, but the OP might. I'd call my ins. co.

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).

Where I live, trees falling are generally the recipients problem legally. An
"Act of god".

On Apr 28, 9:09*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.

You might try posting to misc.legal.moderated. Tell what state you
are in. --H

On Wed, 29 Apr 2009 13:11:04 -0500, wrote:

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.

It's HIS tree. It fell into YOUR yard. HE is responsible to clean it
up, either personally or by hiring professionals. If this was to go
to court, the judge would agree, because that is the law. If it's
posing a risk, that's even more of a concern. It may damage your tree
too. If he refuses to get it removed, take photos and get the job
done, and present him with the bill. If he refuses to pay, take him
to court.

Of course if you're handy with a chainsaw and need firewood, maybe you
and him can work out other arrangements. But if this is simply a
matter of removing the tree by hired contractors, its his
responsibility to pay. His insurance might pay for the removal too,
depending on his policy.... This is storm damage, so he should ask
his insurer.

LM

As pointed out by others, tree law can vary significantly from area to
area -- it might be the neighbors responsibility, it might be the OP's
responsibility (at least for the part now over the property line), it
might depend whether the tree was known dead or got knocked over in a
storm, etc.

In any case, it should be removed ASAP -- talk to the neighbor first,
pointing out the danger; that may be enough to get it taken care of.
If not, find out the law in the area and contact whomever is needed to
help with that (whether that's the local authorities, a tree trimmer,
your insurance company, etc).

Josh

Bob F wrote:
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).

Where I live, trees falling are generally the recipients problem
legally. An "Act of god".

If hit by lightning or high wind, sure. In this case, however, the tree is
an obvious, manifest hazard that is solely under the control of the
neighbor. If it falls and kills a neighbor, a case can be made for
manslaughter.

A leaning dead tree is no different in kind from a leaning, unsecured
scaffold.

wrote:
On Wed, 29 Apr 2009 05:36:08 -0700, "Bill"
wrote:

A situation like this is the MOST dangerous tree situation there is
- so far as taking down the tree. Many professionals would not touch
this except with a bucket truck and/or heavy equipment. So don't
even think of this as being a do-it-yourself project!

With that said, a professional tree service would need to be called
to safely remove the tree. And this would be quite expensive.

And either your neighbor has the money to pay for this or they don't.

If they don't have the money to pay for this, then there is nothing
they can do! Period, end of story!

So I suppose if that is the case and you want safety for your kids,
then you would need to pay for it.

I suppose if it got to that, you could contact an attorney and have
the attorney arrange a repayment contract with the neighbor or some
other legal means of getting your money back.


If the neighbor dosn't have the ability to pay for the work, it would
be smart to let the city handle it at that point. They will take the
tree down and attach a lien on the property until the bill is paid.

But, if the tree is now in the OP's yard, he may receive the bill.

Josh wrote:
On Wed, 29 Apr 2009 13:11:04 -0500, wrote:


As pointed out by others, tree law can vary significantly from area to
area -- it might be the neighbors responsibility, it might be the OP's
responsibility (at least for the part now over the property line), it
might depend whether the tree was known dead or got knocked over in a
storm, etc.


Certainly, if the tree was dead, the neighbor may have more responsibility than
if it had been a healthy tree. Dead trees are an obvious hazard.

Peter wrote:
The laws differ in each state. Here (Maryland), the neighbor is
legally liable for any of my damages or clean-up costs if he was
negligent in ignoring a hazardous condition that would predictably
lead to my damages. For example, if a large, apparently healthy,
over-hanging branch from his tree broke off and fell into my house or
yard, he is not liable. If his tree was obviously dead and leaning
my way, I would have a case in MD. Bottom line: You need to check
your state laws if the situation cannot be resolved by a neighborly
discussion.

State laws generally do not dwell on situations such as this. They instead
rely on the common law handed down for the past eight centuries.

Drummed into my head over and over in law school was the mantra "Everything
you need to know about contract law can be encompassed by the study of three
things." These three things we Pits, Fences, and one other that I forgot.
I want to say it had something to do with mayonnaise, but I'm sure that's
not right.

wrote:
Frank wrote:
JoeSpareBedroom wrote:
"Joe" wrote in message
...

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.


Stop worrying and ask them. Let us know what they say, and we can
proceed from there.

That's first thing he has to do. I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not see
the area from his house. He, his wife and son came out with a chain
saw and removed it. On reflection it was probably my total
responsibility. In this case there may be neighbors home owner
insurance coverage.

The owner of the property where the tree grew might not get insurance
coverage for a dead tree, but the OP might. I'd call my ins. co.

You never know. In-law in Cleveland got money from his insurance
company for removal of branch on one of his trees threatening neighbor's
garage.

On Apr 29, 10:29�am, JIMMIE wrote:
On Apr 29, 7:27�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 -

Normally a fallen tree is considered "an act of god". If your
neighbors tree falls on your house the neighbor is not liable. The
discribed situation is probably an exception. Not taking prompt action
may also cause other exceptions. If the "good neighbor" does nothing
about it he may appear negligent. If the OP doesnt try to resolve the
issue promptly this may lessen his case because he made no attempt to
mediate damages..

Jimmie

Jimmie- Hide quoted text -

- Show quoted text -

if the tree was a known hazard its the property owners problem and
liability falls on them, the one the dead tree stood on.

I would ask for help removing the tree, and if they refuse ask for
their homeowners insurance company name......

the liabilty is the insurance company.

my live tree had a large limb fall on a neighbors car.

since the tree appered healthy before the storm my insurance company
wasnt on the hook

Frank wrote:
wrote:
Frank wrote:
JoeSpareBedroom wrote:
"Joe" wrote in message
...

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.


Stop worrying and ask them. Let us know what they say, and we can
proceed from there.

That's first thing he has to do. I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not
see the area from his house. He, his wife and son came out with a
chain saw and removed it. On reflection it was probably my total
responsibility. In this case there may be neighbors home owner
insurance coverage.

The owner of the property where the tree grew might not get insurance
coverage for a dead tree, but the OP might. I'd call my ins. co.

You never know. In-law in Cleveland got money from his insurance
company for removal of branch on one of his trees threatening neighbor's
garage.

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.
Note that around here, 'reasonable access' must be given for situations
like this, but knocking on the door and asking is still considered
polite. Big factor on the price will be if they can get a bucket truck
back there, or if they have to do it the hard way. Do you, your
neighbor, or any nearby neighbors, want the tree for firewood, assuming
it is suitable for that? Running through the chipper is usually an
additional charge, since they have to drag it all to the road. If they
can just cut into 2-foot lengths on the ground and leave, less work for
them. Grinding the stump will probably be an extra c-note, if the
neighbor wants that. 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.

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.
--
aem sends....

On Apr 29, 7:46�pm, aemeijers wrote:
Frank wrote:
wrote:
Frank wrote:
JoeSpareBedroom wrote:
"Joe" wrote in message
...

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.

Stop worrying and ask them. Let us know what they say, and we can
proceed from there.

That's first thing he has to do. �I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not
see the area from his house. �He, his wife and son came out with a
chain saw and removed it. �On reflection it was probably my total
responsibility. �In this case there may be neighbors home owner
insurance coverage.

The owner of the property where the tree grew might not get insurance
coverage for a dead tree, but the OP might. �I'd call my ins. co.

You never know. �In-law in Cleveland got money from his insurance
company for removal of branch on one of his trees threatening neighbor's
garage.

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.
Note that around here, 'reasonable access' must be given for situations
like this, but knocking on the door and asking is still considered
polite. Big factor on the price will be if they can get a bucket truck
back there, or if they have to do it the hard way. Do you, your
neighbor, or any nearby neighbors, want the tree for firewood, assuming
it is suitable for that? Running through the chipper is usually an
additional charge, since they have to drag it all to the road. If they
can just cut into 2-foot lengths on the ground and leave, less work for
them. Grinding the stump will probably be an extra c-note, if the
neighbor wants that. 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.

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.
--
aem sends....- Hide quoted text -

- Show quoted text -

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.......

On Apr 29, 2:11*pm, wrote:
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.

It's HIS tree. *It fell into YOUR yard. *HE is responsible to clean it
up, either personally or by hiring professionals. *If this was to go
to court, the judge would agree, because that is the law.

It certainly isn't the law everywhere or I would suspect even most
places in the US, where much of this is based on common law.
Generally, just because a tree is on HIS property and falls onto YOUR
property, doesn't mean he's responsible. If it was a tree that had
no obvious problems and just fell one day, then in most cases the
person who's property it was on is not responsible. Examples of this
happening could be that it was brought down by a wind storm or had
internal rot that was not apparent from the outside.

On the other hand, if it was obvious the tree was dead or had a
problem and the property owner did nothing about it, then he probably
is liable.

If you have a legal reference that says otherwise, let us have a look.





*If it's
posing a risk, that's even more of a concern. *It may damage your tree
too. *If he refuses to get it removed, take photos and get the job
done, and present him with the bill. *If he refuses to pay, take him
to court.

Of course if you're handy with a chainsaw and need firewood, maybe you
and him can work out other arrangements. *But if this is simply a
matter of removing the tree by hired contractors, its his
responsibility to pay. *His insurance might pay for the removal too,
depending on his policy.... *This is storm damage, so he should ask
his insurer.

LM

"bob haller" wrote in message
...
On Apr 29, 7:46?pm, aemeijers wrote:
Frank wrote:
wrote:
Frank wrote:
JoeSpareBedroom wrote:
"Joe" wrote in message
...

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.

Stop worrying and ask them. Let us know what they say, and we can
proceed from there.

That's first thing he has to do. ?I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not
see the area from his house. ?He, his wife and son came out with a
chain saw and removed it. ?On reflection it was probably my total
responsibility. ?In this case there may be neighbors home owner
insurance coverage.

The owner of the property where the tree grew might not get insurance
coverage for a dead tree, but the OP might. ?I'd call my ins. co.

You never know. ?In-law in Cleveland got money from his insurance
company for removal of branch on one of his trees threatening neighbor's
garage.

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.
Note that around here, 'reasonable access' must be given for situations
like this, but knocking on the door and asking is still considered
polite. Big factor on the price will be if they can get a bucket truck
back there, or if they have to do it the hard way. Do you, your
neighbor, or any nearby neighbors, want the tree for firewood, assuming
it is suitable for that? Running through the chipper is usually an
additional charge, since they have to drag it all to the road. If they
can just cut into 2-foot lengths on the ground and leave, less work for
them. Grinding the stump will probably be an extra c-note, if the
neighbor wants that. 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.

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.
--
aem sends....- Hide quoted text -

- Show quoted text -

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.......


=============


Let's all keep guessing. Meanwhile, I suspect the OP won't ever return to
the discussion. He's lost in google land, trying to figure out how to find
the thread he started.

On Apr 29, 7:46*pm, aemeijers wrote:
Frank wrote:
wrote:
Frank wrote:
JoeSpareBedroom wrote:
"Joe" wrote in message
...

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.

Stop worrying and ask them. Let us know what they say, and we can
proceed from there.

That's first thing he has to do. *I had a neighbors tree fall into my
yard and he did not even know it as it was winter and he could not
see the area from his house. *He, his wife and son came out with a
chain saw and removed it. *On reflection it was probably my total
responsibility. *In this case there may be neighbors home owner
insurance coverage.

The owner of the property where the tree grew might not get insurance
coverage for a dead tree, but the OP might. *I'd call my ins. co.

You never know. *In-law in Cleveland got money from his insurance
company for removal of branch on one of his trees threatening neighbor's
garage.

Lordy. Way overthinking this. Around here, the property line rules- it
hits your land, your problem.

Well I had a similar problem and my neighbor paid to have the tree
removed. I guess if you have money to burn, then yeah, go ahead and
shell out the bucks before asking.