OT neighbor

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Norminn wrote:

Glad you qualified your observation with "normally." While the branches overhanging your property are "yours" if, in dealing with them, you kill "his" tree, a whole new set of liabilities come up.
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tree but you'd better not kill it doing so.
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On Mon, 15 Oct 2012 17:25:47 -0400, snipped-for-privacy@snyder.on.ca wrote:

I don't think so. Everything I've ever heard is that one may trim overhanging branches to the property line. (make sure you know where the property line really is,or at least don't go beyond where it might be..) Mrs. Taylor might want to post to misc.legal.moderated where they will answer the legal questions. This is common issue and well known.
My condolences to you, Mrs. Taylor. It sounds so pleasant, you and Art reading a newsgroup or anything togeher.
Be sure to tell them what state you live in, and as many details as possible. If the limbs in question were not healthy, and the owner knew or should have known, if the lack of health showed from the outside, that would make a difference, but I forget the details. Tell them your details and they will you.
Trimming to the property line may make the tree ugly for your eyes and his, but I agree, the threat might be enough to get him to remove what's fallen rather than have you call someone to do that and the trimmming too.
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wrote:

I forgot to say that misc.legal;moderated only releases posts every few days. And they moderate every post, so yours won't appear right away and the replies will take a few days even if they are posted immediately. But unlike some questions, I dont' think they'll be any doubt on any aspect of this one.
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On Oct 15, 5:25 pm, snipped-for-privacy@snyder.on.ca wrote:

Maybe most places in Canada, IDK about that. But definitely not true in the USA. It's as Norminn stated. Branches over the property line may be cut back to the property line and any such branches that come off in a wind storm and any resulting damage, are not the responsibility of the property owner with the tree. Exception would be if the tree was obviously diseased, dead, leaning dangerously, the owner was made aware of that, etc.
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Oh, yeah, now *there* is a good idea...

If she can't afford to hire someone to remove the deadfall, how do you imagine she can afford to hire a tree service to hack the neighbor's trees?
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Sorry to hear about your husband. In my area lots of people have wood burning stoves. If this is so where you live,why not put a sign up outside your house "FREE FiREWOOD" It would be gone in half a day where I live.
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On 10/15/2012 11:41 AM, Jan Taylor wrote:

Sorry to hear this but if they fall on your property it is normally your responsibility. Your neighbor is a jerk. I had a similar situation a couple of years ago and called neighbors to tell them that one of their trees had fallen on my property because they cannot see it from their house. They came over and removed it but did not have to.
Homeowners insurance will sometimes take care of. Does not sound like a big job and if you ask around may find someone to do cheaply. My son had a tree die is his front yard and both our chain saws were broken but somebody looking for work saw it, knocked on his door and took it down for less than $100.
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Walk to the corner store. Approach a few strong teenagers, and ask if they want to make a couple bucks. Have them cut the branches into small enough pieces to lift. Then, have them pitch the pieces over the fence into his yard.
Christopher A. Young Learn more about Jesus www.lds.org .
Hello everyone. My husband used to post here, before he passed several years ago. I used to enjoy reading this forum along side of him in the evenings.
I have a "what would you do" question.
My neighbor has large trees, which overhang our property. During this past wind storm, several large limbs ended up on my property. I asked him if he could remove them, so I could cut the lawn. He called me every name in the book, and told me it's my problem.
I suppose I could hire someone to remove them, but only having a fixed income, and Arty didn't have life insurance, sure puts a bind on things around here. I'd move them myself, but at 73, I'm afraid I don't have the strength to, as it already takes me several days to cut the grass on a city lot.
What would you do?
Thank you.
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On Oct 15, 1:23 pm, "Stormin Mormon"

Really? This nice lady comes here asking for advice and you suggest that she tell some teenagers to throw the limbs back over the fence? Are you going to be there when the police show up?
Oh I see, that explains the part where the members of your church do a lot of "free work"
After all, in another post you said: "I'm partial to the Church of Jesus Christ of Latter-day Saints. They (we) do a lot of free work."
So the "free work" would be you being there when the police show up after she follows your suggestion and has the teenagers throw the wood over the fence, right? That's very nice of you.
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I do specialize in being nice.
Christopher A. Young Learn more about Jesus www.lds.org .
news:300fe07b-0176-45fd-b61c-
Really? This nice lady comes here asking for advice and you suggest that she tell some teenagers to throw the limbs back over the fence? Are you going to be there when the police show up?
Oh I see, that explains the part where the members of your church do a lot of "free work"
After all, in another post you said: "I'm partial to the Church of Jesus Christ of Latter-day Saints. They (we) do a lot of free work."
So the "free work" would be you being there when the police show up after she follows your suggestion and has the teenagers throw the wood over the fence, right? That's very nice of you.
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On 10/15/2012 1:26 PM, DerbyDad03 wrote:

I agree. That's the most half-assed suggestion I've read here in a long while.
I hate to bring this up, but nowadays you have to: OP, whoever you have doing the work, understand you'll be liable for any injuries they sustain while helping you out. Your homeowner's insurance will cover it, but that's the reason why hiring a licensed and insured pro is preferable when you can afford to do so. It sounds like you can't afford that, so just make sure that whoever helps you isn't careless or goofing around - which, alas, is something teenagers are prone to without supervision.
I'll second/third the suggestions already made to post a 'free firewood' sign, or ask the local church or community group if any members would like to come get it. When I had a major limb come down in my yard, I had quite a few strangers knocking at the door asking for permission to cut and remove the wood for their own use.
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Might be the best answer yet. Free wood sign out front.
Christopher A. Young Learn more about Jesus www.lds.org .
wrote in message
I'll second/third the suggestions already made to post a 'free firewood' sign, or ask the local church or community group if any members would like to come get it. When I had a major limb come down in my yard, I had quite a few strangers knocking at the door asking for permission to cut and remove the wood for their own use.
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Extremely bad advice!! Whatever you do Jan, DON'T have anyone throw anything into your neighbor's yard at your request.
If your twitchy neighbor has a video camera, you could leave yourself open to a charge of malicious mischief or littering and be responsible for any damage done during the "repatriation" of the wood. That may seem strange but it was an act of God that put those broken branches in your yard. Having someone put the branches back in his yard is not. It's your deliberate act and it's wrongful in many (most?) states, AFAIK.
About the only way I know of to get the offender to remove the branches is for you to prove that they were already dead and represented a hazard that the tree's owner was aware of. I just spent $3000+ removing such a tree because I knew limbs were dead. It's a double-boled tree with a fence running through it. Each year, I would inspect it for dead limbs (no leaf growth) and this year, two very large branches (about 10" in diameter) did not flower. Since my neighbor has a beautiful yard and two grandchildren that often play there, I thought I'd rather pay the $ now to do it right than worry that my tree could kill one of those kids. The tree had already dropped a huge branch that dented my metal shed on a clear, calm day with no winds. I didn't want a situation that money could fix to become one no amount of money could.
My advice, in addition to the mostly useful advice received here, is to get photographs of the branches in question (are there leaves on them or were they dead?) and do it very obviously. That could induce your grumpy neighbor to accept responsibility for removal of the limbs, especially if other limbs are dead and need pruning. Some jurisdictions, like mine, have an official arborist who can inspect you neighbor's tree and determine if those limbs should have been removed BEFORE they were brought down by wind. This step is often necessary to force the offending neighbor to properly care for his trees (many homeowners fail in this area). I suspect the branches now in your yard won't be the last ones, particularly if your neighbor doesn't properly care for his trees.
-- Bobby G.
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Jan Taylor wrote:

I rather liked the Morman's suggestion of asking teenagers at the corner store. They'd work cheaply enough but you said "large" limbs. We all have our own definition of "large" but I'm guessing that they need chain sawing and that you don't have a chain saw. Even if you did I wouldn't suggest turning teenagers loose with one.
Even though you don't get out much, you probably do so at times...doctors, beauty parlor, etc. Try asking everyone you come in contact with if they know someone who could/would do it reasonably. With luck, you'll find a willing volunteer.
Good luck.
--

dadiOH
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After some thought, the teenagers idea grows less suitable. Teens seldom display good judgement, and are often dangerous. Calling churches from the yellow pages sounds better.
Years ago, someone posted a help wanted to move a big branch. I don't remember the details, but I got there and had a big laugh, I could have pulled the branch to the curb without any cutting. The woman had some handicaps, and she could not have pulled it.
Christopher A. Young Learn more about Jesus www.lds.org .
I rather liked the Morman's suggestion of asking teenagers at the corner store. They'd work cheaply enough but you said "large" limbs. We all have our own definition of "large" but I'm guessing that they need chain sawing and that you don't have a chain saw. Even if you did I wouldn't suggest turning teenagers loose with one.
Even though you don't get out much, you probably do so at times...doctors, beauty parlor, etc. Try asking everyone you come in contact with if they know someone who could/would do it reasonably. With luck, you'll find a willing volunteer.
Good luck.
--

dadiOH
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Your homeowners insurance covers it. They'll pay to bring professionals on-site and remove the branches correctly.
Forget about the advice about churches and teenagers. Don't let non-professionals do work on your property, you could end up with bigger problems.
I've advised my wife that if I pass unexpectedly to number 1, sell the house and move into some place where someone else worries about issues like this.
I don't know why you are in a private house, but I think it's a bad idea.
--
Dan Espen

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I wonder about the wisdom of this - insurance companies are generally unscrupulous and greedy, and can drop a policy holder at will. I'd save calls to the insurance company for major stuff, as if the large branch went through the home's roof, and not risk pestering them for minor nuisances.
I think a call to see if the city or town has some sort of volunteer organization would be a reasonable first approach. How urban or rural is the area in question?
Art
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Dan,

My homeowner's insurance has a deductible that exceeds the cost of removing a few tree limbs. Worth checking but I doubt this will help her.
Dave M.
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So does mine but I specifically raised the deductible to achieve that. My prior deductible would have made the call worthwhile.
--
Dan Espen

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