Property Access for Tree Removal

[CysLoveChild]

Absolutely right and the condition of the tree has absolutely nothing to do with it. You can't compel someone to take down a dead tree.

This can depend on city/local ordinances. A few years ago my roommate at the time owned the house we lived in. He gets a letter from the City of Clive indicating he has 60 days to address/remove the dead trees in his yard as they are a nuisance per city code. Roommate calls the City and finds out a neighbor had called in a complaint about the trees and worried about the safety of their children as the trees were 40+ feet tall and lined the property line. Well, that narrowed it down to the unfriendly next door neighbor. No knock on the door with "hey, we have concerns about some of your trees", just straight to the city. The city worker said he can give some leeway on the 60 days as he had personally inspected the property and knew it would be a costly removal, but one that was necessary due to city code and due to the complaint now on file. Roommate said he would keep in touch and let Clive know when he had a crew scheduled.
The kicker on top of everything was about 30 days after the notice from the City, that neighbor put their house on the market. They wanted the trees gone before they started showing their house.

 

[cycloner29]

Absolutely right and the condition of the tree has absolutely nothing to do with it. You can't compel someone to take down a dead tree.

You can’t compel them to. I think that if the tree is dead or dying, you have to give the owner of the tree a letter stating that the kind of tree and the issue with it. That way the owner is held liable.

I think the “act of god” only holds true on a live healthy tree. Why should you be responsible for your neighbor’s dead tree that falls and damages your property?

Not an insurance guy so just my opinion.

 

[cycloner29]

BTW- not much happening at the neighbor’s right now.

 

[RLD4ISU]

That's it?

I'm beginning to think your neighbor has also made a lot of demands with how this tree is removed.

 

[stormchaser2014]

Been around a few people like that. I'm guessing he also wears a speedo and gold chains. LOL.

Lol no, but if you ever want to see someone drive a Corvette in 2 feet of snow to go get lumber from Lowe's let me know.

 

[stormchaser2014]

BTW- not much happening at the neighbor’s right now.

View attachment 113832

There's only 2 of us and if we started at 7, we would've had that down and shredded by now, and possibly the trunk tipped over.

 

[somecyguy]

Correct. If the tree falls on your house, it's your problem regardless of condition or where it came from. Your insurer may try to subrogate on the back end but it's your problem.

One of the biggest insurance myths out there.

Before the derecho, there was a storm that knocked down the top of a maple tree from my yard onto the street. The next morning, a Saturday, I walk outside early to assess the damage and see an Alliant truck and a few guys scurrying around. One of the tree trunks was resting on a power line with the canopy laying the street. When they cut the trunk, the tree shifted and busted all the windows out of a car parked in the street. They were rushing to leave the scene of the crime, meanwhile leaving this large tree blocking the street. I ran up to them and argued they are liable and can't leave a tree laying in the street, but they jumped in their trucks, claimed I was liable since it was my tree and said call the forestry department.

What they didn't know is that one of my neighbors was a tree surgeon and used to work for Alliant doing that type of work. So he called up his old supervisor and relayed to him what had occurred. About an hour later that same truck and an Alliant administration vehicle showed up. By now the woman whose car was busted up was outside and not too happy. The Alliant admin guy had to take the brunt of her wrath while the other guys finished cleaning up the tree like they were supposed to. My neighbor and I stood and watched them, just for fun.

 

[Cyclones_R_GR8]

They need to bring in an excavator mulcher

 

[Ms3r4ISU]

No because he has has to get this house sold yesterday so he can continue working on the first house he bought 2 years ago which has been stalled for 18 months. If you knew this guy you wouldn't be surprised. He's from Los Angeles and lives in Phoenix, married to my mom's cousin, they have a house here. He has a general contractors license or something and thinks he knows ****. He started out flipping cabins in northern AZ and figured he'd try flipping 'lake houses' here.

He hires family members to help rehab houses and when we tell him this is how something needs to be done, he asks why, why, why, and doesn't listen and does things his way. He doesn't understand the concept of rain and snow, and water flow, even though it's been explained to him a hundred times. He's the kind to spend hundreds of dollars on tools but has a fit when he has to buy an extra piece of drywall or an extra 2x4. He also makes sure that is Corvette is pictured and forefront in every listing.

Curb appeal.

 

[Ms3r4ISU]

There's only 2 of us and if we started at 7, we would've had that down and shredded by now, and possibly the trunk tipped over.

I just (finally) now understand your CF name.

 

[stormchaser2014]

I just (finally) now understand your CF name.

Oh no, trust me, we don't go looking for more work. Some people do, but we got plenty of it. We could work everyday for a year without having to take another call.

 

[ForbinsAscynt]

I was gonna tell you to be a nice neighbor but the guy sounds like an assh***. Being on the insurance seems like a reasonable compromise that the neighbor should follow through on.

 

[chuckd4735]

This can depend on city/local ordinances. A few years ago my roommate at the time owned the house we lived in. He gets a letter from the City of Clive indicating he has 60 days to address/remove the dead trees in his yard as they are a nuisance per city code. Roommate calls the City and finds out a neighbor had called in a complaint about the trees and worried about the safety of their children as the trees were 40+ feet tall and lined the property line. Well, that narrowed it down to the unfriendly next door neighbor. No knock on the door with "hey, we have concerns about some of your trees", just straight to the city. The city worker said he can give some leeway on the 60 days as he had personally inspected the property and knew it would be a costly removal, but one that was necessary due to city code and due to the complaint now on file. Roommate said he would keep in touch and let Clive know when he had a crew scheduled.
The kicker on top of everything was about 30 days after the notice from the City, that neighbor put their house on the market. They wanted the trees gone before they started showing their house.

My guess is just about every City has "private trees that are dead or dying and are considered dangerous to the public from falling limbs" listed as a nuisance.

 

[wxman1]

You can’t compel them to. I think that if the tree is dead or dying, you have to give the owner of the tree a letter stating that the kind of tree and the issue with it. That way the owner is held liable.

I think the “act of god” only holds true on a live healthy tree. Why should you be responsible for your neighbor’s dead tree that falls and damages your property?

Not an insurance guy so just my opinion.

The thing is he actually is an insurance guy that is telling you exactly how it goes.

 

[Pope]

CF Militia assemble! Coming locked and loaded with iPhones, iPads, swirling Cy gear, and assorted smoked meats.

Be there! Will be wild!!

 

[kirk89gt]

Beer and chainsaws go hand in ……oops! Sorry about that!

FIFY

 

[Gunnerclone]

Be there! Will be wild!!

Hearing the CF Shaman will be making an appearance. Bring zip ties (for the smoked meats).

 

[isufbcurt]

Hearing the CF Shaman will be making an appearance. Bring zip ties (for the smoked meats).

CF militia stand back and stand by

 

[t-noah]

Our neighbor came over around 8 last night to inform us he was going to get his tree removed in the next 3-5 weeks. He proceeds to tell me that I need to move my car so they can get equipment into his backyard.

He comes back ten minutes later and tells me they will be there tomorrow morning at 8 am. My problem is they have an access gate on the north side of his house at least four foot wide. I have a new concrete driveway about a foot off the property line, a basketball hoop with a full sand base on my side two foot off the line, and his A/C unit. Only two feet of grass between.

Pretty sure his wife doesn’t want them using their north access due to a concrete patio in their backyard.

Do I have the right to deny them access? I am guessing they will want to use my driveway to move equipment into his back yard as to avoid going across his yard. If they would happen to break my concrete, Is the tree company responsible to repair or my neighbor?

I did tell my neighbor’s wife last month that if their dead tree fell on someone’s property that they would responsible for any damage. She kept telling me, “Nope! You are wrong!” I finally explained to her that if the tree was healthy and alive then you wouldn’t be responsible. She then changed her tune.

I wouldn't be an @ss about it but I would continue to deny access from your property, and nicely explain why. You will still be neighbors so it will be good not to burn any bridges if at all possible.

I watch a lot of chainsawing/tree felling videos to learn how to. Here is a very interesting one, from a very good and reputable arborist, who ran into an angry neighbor, and the resulting dispute. The follow up video(s) are good also, to see the resolution.

 

[t-noah]

OK then. I'm just beginning to read p. 2 of thread and see the tree fellers are already there. I'll keep reading but the whole thing is likely over by now? Good luck anyway.