OT neighbor

[micky]

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.

[Marina]

"ChairMan" wrote in news:R45fs.61008$ [e-mail]:

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

[Marina]

"Stormin Mormon" wrote in news:dhjfs.63201$ [e-mail]:

I'm not as old as the OP, but I'm getting up there,sort of. I read this NG cuz sometimes I actually learn something. lol. My husband died in his mid-

40s and I've been doing stuff around the house since then. Except lately I have some physical limitations that I sure hope get better. Marina

[miattorney]

Different situation from OP. In yours the gas company caused the mess. In OP's, the neighbor did not.

[trader4]

Yes, that's the general rule in the USA.

=A0Calling

For a removal of a few tree branches? Every homeowner's policy I've ever had included deductibles that would be far more than the cost. You'd essentially need a zero deductible to collect and even then I wouldn't put in a claim. Your claim history is one thing that determines your rate and availability of insurance.

In addition to the volunteer idea, I'd keep an eye out for tree companies, landscapers, etc that are doing work on houses nearby. When they are there, ask them if they would do it and how much. When they are already there and it's a 15 min job, you may get a very good price.

[trader4]

That's not the case in the vast majority of the US. While it may be true some place, I'd like to see an example of an area where the owner of a tree is responsible for branches of a normal appearing tree that overhang a neighbor's yard and come down in a wind storm.

[trader4]

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.

[trader4]

LOL. I too am amazed at people suggesting she put in an insurance claim for removal of a few large tree branches. Every policy I've ever had included a limit that would easily exceed the cost of removal. And then you have the distinct possibility of the insurance company raising the rate or dropping her.

[trader4]

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.

[trader4]

[e-mail]:

of branches that

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.

[frag]

gregz wrote in news: [e-mail]-september.o rg:

eternal-september.org From: "Jan Taylor" Newsgroups: alt.home.repair Subject: OT neighbor Date: Mon, 15 Oct 2012 11:41:56 -0400 Organization: A noiseless patient Spider X-Newsreader: Microsoft Outlook Express 6.00.2900.5931

[Robert Green]

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.

[DerbyDad03]

As I said in an earlier post...

I put in a claim when a large limb came down from a neighbor's tree and landed on my roof and deck. I forget the exact cost of the clean up but it was well above my deductible and well worth putting in the claim.

Granted, this wasn't just some limbs on the ground. This massive limb was hung up in the tree, on my house and on my deck. The clean up required a cherry picker truck and a crew of 4.

They did not raise my rates nor did they drop me.

A few years before that I was in a friend's yard and had my 2 YO son in one of those bucket swings, the kind that it's really hard to get the kid in and out of. My friend's kid was playing in the "fort" at the end of the play set. We took the kids in for lunch when no more than 5 minutes after we got the kids out of the play set, a huge limb came down and completely demolished It. We heard the cracking just seconds before the limb came down. There's no way we would have gotten the kids out of the swing or fort in the time it took from the CRACK to the SMASH.

He too put in a claim for the clean up and the play set. No raise to his rates nor did they drop him.

Once again, this was not just some limbs lying on the ground and there was damage to his property, so it might be different than the OP's situation. Then again, we really don't know the extent of the debris in the OP's yard. It certainly can't hurt to call and ask to have someone come out. An estimate from a claim's adjuster is free and hopefully the person will honest enough to explain the consequences - if any - to the OP.

[HeyBub]

1. Move back to Arizona
2. Put an ad on Craigslist for "free firewood"
3. If you're so infirm, why did you pick a place with significant maintenance requirements?

[Grumpy]

innews: [e-mail]:

branches that

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.

[gregz]

innews: [e-mail]:

branches that

What happened to, talking to the neighbor first? I would be annoyed if someone sent me a letter without talking first.

Greg

[gregz]

Whether the tree was accidentally knocked own, or on purpose, was not stated.

If the power company ever comes to trim my two trees, I'll ask if they can get rid of most of them. They are a liability. Last winter branch fell with end on fire.

Many years ago before I moved in, I understand they cleared many pine trees right near the power lines, on my hill. Not stumps are visible.

Greg

[Ed Pawlowski]

She didn't, her husband did when he was healthy.

[Marina]

gregz wrote in news: [e-mail] g:

You snipped out the message I replied to. I didn't respond to the OP. Marina

[Norminn]

innews: [e-mail]:

branches that

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....