OT neighbor

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<In addition to the above, I'd point out that anyone that has a situation where the neighbor has a dead/diseased tree that could potentially cause damage to their property, doesn't need a lawyer to put the neighbor on notice before damage occurs. You can do that by sending a letter yourself. And while it's definitely a good idea as it significantly enhances your case, it's not required to have a winable case.>
That's a good point. I'd also take photos, especially of any branches that appear dead (that have no leaves when other branches nearby do) or appear to have some other damage. That can be animal damage, insect infestation, or large branches that have broken off previously leaving ragged stumps.
I'd send the first letter without photos as regular 1st class mail and if there was no response, I'd send another including a photo, still by 1st class. Then if still no response, I'd send a certified letter with more photos. Don't expect to be invited to his next barbecue. (-:
Armed with proof that the tree was sick or not properly pruned, you're far more likely to prevail if there's damage or injury caused by such a tree.
I walk the property line in March when everything's starting to bloom because that's when it's easiest to spot problems. Wait too long and the dead branches get surrounded with live ones and it's very hard to tell them apart. I take pictures each and every year to both reveal problems and to protect me in case something happens. I can point to the pictures and say "but I did an inspection!" and put the blame back on God.
I noticed one tree was in trouble when I could see that it had lifted about an inch out of the ground on one side. A branch had fallen off a year before and the stump was slightly upturned - just enough to act as a cup which trapped water and caused the branch stump to rot. When they cut down the tree, you could trace the dark streak of rot all the way from the injury site 20' up to the roots.
While without proof that the tree was visibly diseased or dead a case may still be winnable, I wouldn't want to take that chance. It makes it too easy for judges or insurance adjusters to equivocate and say "let's split the cost between the two parties because there's really no evidence that the guy knew his tree was rotten." If you really don't know that your tree was sick, then negligence (and all that infers, legally) shouldn't enter the picture. Yearly inspection photos make it pretty clear a homeowner has done "due dilligence." I'll bet a lot of people with fancy digital cameras and lots of assets to protect don't do this simple act of self-defense. They should.
One thing's for certain - when I see or am made aware of potential tree problems, I get on them right away. I've known two people killed by falling trees. Your homeowner's insurance could easily fall short if your rotted tree kills someone with high future earnings potential.
-- Bobby G.
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In addition to the above, I'd point out that anyone that has a situation where the neighbor has a dead/diseased tree that could potentially cause damage to their property, doesn't need a lawyer to put the neighbor on notice before damage occurs. You can do that by sending a letter yourself. And while it's definitely a good idea as it significantly enhances your case, it's not required to have a winable case.
Sorry to disappoint you but you do need put neighbors on notice and I am talking from personal experience but then there are different laws at different places in this country. you also may wind up paying to remove debris. few years back I had incident where my neighbors tree came down on to my new suburban $8000.00 plus damage guess who's insurance paid for it, surprise mine if I had give. worming to Neighbors her insurance would had to pay for it in full. So you wrong on you part if you want be secure you most give worming, to have other parties be liable.
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On 10/17/2012 8:04 PM, Grumpy wrote:

Why are you giving legal/insurance advice when you know nothing about the OP's local codes? With a neighbor who already has a bad attitude, doing anything to inflame the situation is idiotic! If a tree is dangerous, a photo might do as much as a letter as proof of condition in case anything happens....thinking I would not want to aggravate the neighbor further. If such does exist, it might be worth a phone call to code enforcement....some take anonymous complaints, some don't. It would be interesting to hear from the OP as to the AMOUNT of debris, condition of the tree(s) and history with this neighbor....
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in
What happened to, talking to the neighbor first? I would be annoyed if someone sent me a letter without talking first.
Greg
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gregz wrote the following on 10/17/2012 8:51 PM (ET):

in
Did you miss this part of the OPs message?
"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".
--
Bill
In Hamptonburgh, NY
  Click to see the full signature.
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On Tue, 16 Oct 2012 12:24:02 +0000 (UTC), Doug Miller

Typical religious whacko. Blame God!!! Come on, what kind of idiot are you anyhow? First off, you need to BELIEVE in God, that leaves out all the athiests.
If God is this evil to dump branches on the lawn of an elderly woman, then I want no part of that God.
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On Oct 16, 7:00am, snipped-for-privacy@blank.com wrote:

Wrong! In almost all cases, branches of a healthy appearing tree that come down in a storm on your property are not the responsibility of the neighbor whose property the tree is actually on. In the case of the tree, you can trim the over-hanging, branches back in a reasonable way up to the property line.
And it's clearly very different than dumping garbage in someone's yard, which is a deliberate act and criminal.

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On 10/15/2012 3:46 PM, Ed Pawlowski wrote:

The law usually permits people to trim overhanging branches, but not do anything that would actually cause injury to the tree. If you have to trim to the point where significant damage is likely to occur, you may have a legal issue. It's hard to offer blanket advice in these circumstances, except to say that with a neighbor like that, it's best not to unduly provoke him, since he appears to be younger, more aggressive and more likely to retaliate on this older woman.
Sometimes your next door neighbor is simply nuts. If that's the case here, it's best to have as little contact as possible, especially if you're old and vulnerable.
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wrote:

Put the house up for sale and sell it to a REALLY miserable character. Mabee a Hell's Angels member. It would give grouchy a taste of his own.
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wrote:

How often could that happen? If you cut all the overhangning limbs even only an inch from the trunk, that's not going to hurt most trees. Any trees? Even that last inch, so the cut is flush with the trunk, would the loss of it hurt,
Yes, if the trunk has grown onto your property, you can't slice off a vertical segment of the trunk, but does anyone ever try to do that?

You have a point. Related, even if an old person is fully mentally competent, I think they atract con-men and no-good home repairers, with schemes that might as easily fool a young person, but because old people are targeted more, they may be victimized more. I have no data on this, but the female stockbroker certainly lied to my mother, and to me when I got involved.
(not that 72 is so old) And my mother was 85 and fully competent. Her next stockbroker commented on how well she knew her investments, their history, related laws, etc.
Back to the trees, I don't know about the OP's state, but wrt some issues, if the owner knows *OR should have known* that, for example, the limbs were sick and should have been cut off, he is likely responsible for the damage they do (I know there was no damage this time.) . I don't know what "should have known" means. Perhaps that if he'd just walked into his yard and looked up he would have seen that a limb has no leaves when other limbs do.
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The free firewood suggestion is good. Depending on the type of tree a wood worker may have some interest. A bow saw is cheap to buy and works almost as well as a chain saw.
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On 10/15/2012 10:41 AM, Jan Taylor wrote:

OK you guys, lets find out where the nice lady lives and someone here may be in the same town. If she lived around here, it wouldn't be a problem for me to make a phone call or two and me and my friends would get rid of the limbs tomorrow. Jan what city do you live in? If you were in the Birmingham area, I can guarantee the limbs would be gone in no time. Me and my friends are disabled, we're not rich but we help our neighbors no matter how far away they live. When my friend RB, a Vietnam vet died of cancer, me and his other friends adopted his elderly mother and took care of her home repairs until she passed a few years ago. There are good people everywhere who are willing to help out those in need. Jan, you don't have to post your address but there could be someone here who lives in the same city and if they're a righteous human being they will get in touch with you and help you out. ^_^
TDD
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DITTO...Midcoast , Maine...
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"The Daring Dufas" wrote in message
On 10/15/2012 10:41 AM, Jan Taylor wrote:

OK you guys, lets find out where the nice lady lives and someone here may be in the same town. If she lived around here, it wouldn't be a problem for me to make a phone call or two and me and my friends would get rid of the limbs tomorrow. Jan what city do you live in? If you were in the Birmingham area, I can guarantee the limbs would be gone in no time. Me and my friends are disabled, we're not rich but we help our neighbors no matter how far away they live. When my friend RB, a Vietnam vet died of cancer, me and his other friends adopted his elderly mother and took care of her home repairs until she passed a few years ago. There are good people everywhere who are willing to help out those in need. Jan, you don't have to post your address but there could be someone here who lives in the same city and if they're a righteous human being they will get in touch with you and help you out. ^_^
TDD
Good man. I do things for friends and neighbors also. Help people that cannot do things due to physical problems. I am a WWll vet and thankful I can help people. WW
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Thank you for your service. I'd hate to have lost world war two, we'd all be speaking German.
Christopher A. Young Learn more about Jesus www.lds.org .
Good man. I do things for friends and neighbors also. Help people that cannot do things due to physical problems. I am a WWll vet and thankful I can help people. WW
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I would be willing to bring over my chain saw 3 o'clock in the morning.
Greg
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If you can afford pay some one to remove it, then call SOB to court on front of Judge JUDY,I am pretty sure that she will see that he pays.

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The Daring Dufas wrote:

As a side to that, she could call the fire department. Most firefighterss work side jobs when off duty. Here in DFW they have a website to lookup Of duty firemen. And like you said, they'd probably would do it for nothing knowing the circumstances.
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On 10/16/2012 12:08 AM, ChairMan wrote:

Newsflash! I would suggest calling a tree removal company, give info about the size and number of limbs needing removal...there is probably someone nearby with a heart! Probably take a crew 30 seconds to stop by a grab a few limbs (how many could there be from one neighbor?). I'd bake a pie and have it ready :o)
We had a friend in Florida who was disabled, had received home repair from a local sen. citizen support agency but the money ran out. He had a terrible roof leak, with water streaming down through a bedroom light fixture. He asked hubby to look at it, but we couldn't fix it. We had gotten to know a good roofer through the problems we had with our condo roof, so made a deal with him....asked him to take a look, give owner a real lowball estimate but give us the real estimate and we would take care of it. Bob, the roofer, just took care of it, no $. Bob was a decent musician, too...working on a country CD.
As for grouchy neighbors, they are usually much worse off than me in some respect....hope he gets over it.
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I had a medium size dead tree in my front yard. The gas Co. was there to work on the gas meters on the street. They had to do some digging in yards. They knocked down the tree with a backhoe. One of the guys had a chain saw and cut up the tree. They even stacked the reamins for the town to pick up. Marina
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