anyone got any good options for me?

[MotorSeven]

The way I see it you have two choices. One is what Jake said:

Hey Avalanche-Don't go in there and take it down. If the power lines are between you(house) and the pine and the power company sees no threat I don't see you have much to stand on. Same goes for your insurance company. As far as it hitting your house if you're worried about it can you move your daughter into another room-sucks I know but consider if you go onto private land and something goes wrong cuttin' it down like a freak wind, now you get sued for downed power lines, jail? Not worth it in my view. You can't legislate/force sanity and good judgement in people. If you can calculate the height accurately and measure the distance(rangefinder dont go on his land)-should be able to judge what dia the portion of tree will be that hits your house should it fall. I had a good size pine hit my cabin few years ago and didn't do much damage. Any way I'm ramblin'- hard to see without being there but point is sometimes you just can't change things. No sense you getting into trouble over it.

The other is to wave the white flag to the guy and offer to take it down for free. If he say's go pound sand, I think you wife is on the right track with notifications and paper trails.

RD

 

[avalancher]

Hey Avalanche-Don't go in there and take it down. If the power lines are between you(house) and the pine and the power company sees no threat I don't see you have much to stand on. Same goes for your insurance company. As far as it hitting your house if you're worried about it can you move your daughter into another room-sucks I know but consider if you go onto private land and something goes wrong cuttin' it down like a freak wind, now you get sued for downed power lines, jail? Not worth it in my view. You can't legislate/force sanity and good judgement in people. If you can calculate the height accurately and measure the distance(rangefinder dont go on his land)-should be able to judge what dia the portion of tree will be that hits your house should it fall. I had a good size pine hit my cabin few years ago and didn't do much damage. Any way I'm ramblin'- hard to see without being there but point is sometimes you just can't change things. No sense you getting into trouble over it.

The problem isnt if its a hazard to the power lines, the problem is its just outside the easement of the lines.Easement is 25 ft, the tree is exactly 30 from the lines.Tree is 54ft from our house.As the guy from Wolfs told me,its a 7K fine if they take a tree outside the easement without permission from the landowner,no matter how much its threatening the powerlines.
Wolf's Tree Service agreed with me, its going and when it goes there is little chance that it will go any other direction but down the hill thanks to the lean.He figured that maybe just the top 30ft would get out house, but in all probability it would knock the power lines into our house.

 

[avalancher]

Hey Avalanche-Don't go in there and take it down. If the power lines are between you(house) and the pine and the power company sees no threat I don't see you have much to stand on. Same goes for your insurance company. As far as it hitting your house if you're worried about it can you move your daughter into another room-sucks I know but consider if you go onto private land and something goes wrong cuttin' it down like a freak wind, now you get sued for downed power lines, jail? Not worth it in my view. You can't legislate/force sanity and good judgement in people. If you can calculate the height accurately and measure the distance(rangefinder dont go on his land)-should be able to judge what dia the portion of tree will be that hits your house should it fall. I had a good size pine hit my cabin few years ago and didn't do much damage. Any way I'm ramblin'- hard to see without being there but point is sometimes you just can't change things. No sense you getting into trouble over it.

I dont have any doubt in my ability to take it down safely without getting any power lines, I have been doing this for years, and if I couldnt take it down in the way I want, I would hang up my saws and play with lawnmowers.That isnt really the issue to me.The issue is that this all boils down to one big major thing:If I take it down, it will be without permission, the landowner has made that clear.I had another conversation last night with him about it, and he told me that he would love nothing better than to see that tree drop on my house.Said he had good insurance, and he aint worried about any trouble that this redneck could drum up with him.I dropped by our other neighbors after our chat and related the conversation, they told me they had the same trouble with him years ago before we moved there.He was piling his garbage on their land, and they finally had to take him to court to make him stop.
Right now we are waiting for that certified letter to land on his door.Here is what my wife wrote him.

Dear Mr. Roosa,
Congratulations on your purchase of the property across the street from our house. As a responsible landowner,
we believe that you would want to be informed of any problems with this property that may potentially affect our
home and/or property.
As you are already aware, there is a dead pine tree right across from us that is leaning, and we are afraid that when
it falls, it will strike our house or the power lines to our house. Every time that the wind blows, this tree rocks a
little further than it did before, and we are concerned that it will not remain standing much longer.
This matter requires your prompt attention as I am sure that we both wish to avoid any future complications
resulting from liability and/or civil action regarding any damages that we may suffer because of this dead, leaning
tree on your property.
To avoid any possible confusion, we are including a photograph of the tree in question to assist you in arranging
for its removal. (Photo taken from our front porch with road as reference)

If the letter doesnt work, then I really have no choice.The power company cant help without his okay, and he wont give it.
If I have to spend a few nights in jail, I will view it as a small price to pay to keep my family and property safe.

 

[WetBehindtheEar]

Wolf's Tree Service agreed with me, its going and when it goes there is little chance that it will go any other direction but down the hill thanks to the lean.He figured that maybe just the top 30ft would get out house, but in all probability it would knock the power lines into our house.

I really liked the advice above about getting both landowners' insurance companies involved... You pay them to protect your investment(home) and they are the ones who have to pay if the brown stuff hits the fan.

I'm betting your insurance company will fight VERY hard to prevent having to pay both property damage and possibly (horrifically) accidental death & dismemberment damages. Sicking your insurance company on his insurance comnpany will get that tree down because Company B will most assuredly not want to pay those costs - plus any additional damages from a negligence lawsuit filed by One Mr. Avalancher et al.

Here's a thought... move your daughter to a safer bedroom, wait for the tree to nail your home, and sue the guy for ALL of his property so that he has to move away...

And you get a new/refurbished home...

DOCUMENT that you've warned the local authorities, power company, insurance companies, the NEIGHBOR... No one wants to do anything.

Then when (by your and the tree service's assesment) that tree falls and the power lines come with it, you've got twice as much property and one less A-hole neighbor...

:greenchainsaw:

 

[avalancher]

Here are some better pictures.
The tree looking up at it.


Patches of missing and rotted bark


The woods full of deadfalls.


One small tree that came down last night hit the powerlines and landed on our hedgeline


The view from the property to our home.

 

[woodbooga]

avalancher -

If I were you, I'd let this thread die since you're creating a nice little paper trail of your own. I feel for you and your family - and trust that you will do what you think is right.

But this is a public forum. Your neighbor or his legal counsel could be lurking around here for all you know.

Take care and good luck!

 

[avalancher]

Good advise!Last on the subject.