Property Access for Tree Removal
- Thread starter cycloner29
- Start date
I believe when there is an "act of god", there is no liability if a tree on your property does damage to a neighboring property.
However, if it is known and documented that the tree is dead, and it causes damage, you are probably liable.
Tell him to F off. Do I need to come stand guard?
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.
Glad I got done early. Our rule is if our bucket doesn't reach or we can't access it because of a fence or unwilling neighbor, we won't do it.
That’s crazy. Usually those guys are WAY faster than I imagine. Had 2 (dying) 70 foot pine trees taken down and those guys shimmied up there and had them down to about 12 feet by the first time I looked out the window. No prep time, no nothing. Just blazing.
Edit: this is Columbus, oh. Things are a little more janky. If you want a deal you have to get a little in to the weeds with the Appalachians or the Amish.
I had a large white pine removed that was was about 40’-50’ from the pavement. They threw down 4x8 sheets of plywood to get their equipment across that picked up the branches and trunk pieces. They did this without me asking, like it was standard practice.
CF Militia assemble! Coming locked and loaded with iPhones, iPads, swirling Cy gear, and assorted smoked meats.
You are correct. A tree falling is considered an act of God and everyone is responsible for their own cleanup, regardless of who owns the tree. I've heard of people trying to fight this, but it's VERY difficult, if not impossible, to prove that the owner of the tree was somehow negligent.
In case anyone doesn't know this, if part of your neighbor's tree is hanging over your property, you have the right to have everything on your side cut down and vice versa. And as others have said, if your tree falls on your neighbor's property, everything on their side now becomes their problem.
Yeah, I had a neighbor who sent me a letter as soon as I put a house on the market, that I needed to have my tree trimmed because it was getting too close to his roof. I told him he has every right to trim it up to the property line at his expense. He told me there was no way that was the law and said he was going to talk to his lawyer. I told him to please do so. I do have to give him credit for getting back to me and telling me I was correct. Although, I would venture a guess that as soon as the new owners moved in he asked them to trim their tree.
All about the approach.
Two years ago we needed to tear out old and pour new concrete for a patio. I asked the neighbor if I could slightly access their property but told them I would take responsibility for fixing up any damage on the lawns. They agreed.
It's okay to be neighborly. But it's a reciprocal game. If I was a d*ckhead about things to them, such as fallen branches from a tree that's on my property but overhangs into theirs, they likely would've said no.
Two years ago we needed to tear out old and pour new concrete for a patio. I asked the neighbor if I could slightly access their property but told them I would take responsibility for fixing up any damage on the lawns. They agreed.
It's okay to be neighborly. But it's a reciprocal game. If I was a d*ckhead about things to them, such as fallen branches from a tree that's on my property but overhangs into theirs, they likely would've said no.
We lay down big rubber mats if we think we'll make deep tracks or get stuck, and we always ask if we have to drive over flowers, which no one has an issue with. Some smashed flowers are better than a smashed house.
Slightly off topic, but I was doing some carpentry work for a guy over the winter at house he is flipping. He finally got the house listed last week, and the last thing he needed to do was put in a new well. He hired a someone and even paid them more to get it done as soon as possible. Well people show up with the drilling truck and say they need to drive over a few hostas. He tells them to leave and he'll sell it without a new well.
It's a 'lake house', it's near a lake, not on it, but has lake rights, built in 1926, 4 bed, 3 bath (3/4, 3/4, and 1/2), 1,700 sq ft, on 0.36ac, listed for $499k, already down to $475k. I've seen the bones of this house and I wouldn't give him $4.75 for it. He's all about appearance.
Definitely not a Mike Holmes type of guy.
And he couldn't replant a few hostas??
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.
I agree that your insurance covers your property and the neighbors insurance covers the neighbors property, but is there not a point where something like keeping a leaning dead tree becomes negligence?
If a person is negligent about addressing a safety issue can the damage to a neighboring property become the first persons responsibility?
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.
Been around a few people like that. I'm guessing he also wears a speedo and gold chains. LOL.
If you can document it, your insurance company could subrogate after the claim is settled but it would be such a costly hassle that your insurer probably won't do it. It's not great but they have to draw a line somewhere.
I've had people help neighbors with the cost of removing dead trees in the past and that's probably your best bet if you're truly concerned about it.