dangerous trees, lightening struck or not

[blackwaterguide]

talked to a guy the other day about a dead mulberry hanging over his neighbors house...he was convinced his side was taken care of though tree on him. Mulberry near 5.5 foot bhd. Said he would like to wait until it fell on neighbor then have his insurance "just take care of it" Some folk are hard-headed and a hair hateful. Liked you alls versions of how to speak to people--the truth is hard to beat.

 

[geofore]

warnings

The last two warnings I spoke to the owners; 1) told him the 85' honey locust was about to come down. Owner told me it didn't look bad. 4 days later it cost him $4,300 to get the tree off his house and $8,000 for the carpenter to fix the roof. 2) Talked to the owner of a dead elm and he said he'd call when he was ready to take it down; Three weeks and one day later it fell across the street and the top broke off when it hit the electric wires. He called to tell me he should have called sooner. Some folks are stubborn, deaf to reason.

 

[TheTreeSpyder]

To my understanding, if an insurance company can show that you let that hazard exist on your property and it falls on your house, they don't pay!

Also, i consider a Mulberry not the best tree to work any way, let alone if it has been struck!

 

[Treeman14]

Spyderman's right about the insurance not paying for negligence when it comes to dead or hazaedous trees.

And in my twenty-plus years of tree work, I've never seen a mulberry struck by lightning, not once.

 

[Tom Dunlap]

Another point to share with your clients. Since we have been called out to look at the tree and have advised the removal because of the tree being a hazard, they have a duty to act whether they like it or not. After a professional is consulted, the homeowner can't get away with the dumb shrug. If damage or injury results the homeowner could face civil or criminal charges. By not following professional advice they can be charged with negligence.

IF anyone gets caught in these situtations be sure to write your advice down and keep a copy just like any estimate. Even if you don't give a price. If a neighbor remembers seeing you on the property you'll be called in as a potential witness.

When I'm talking with thick heads that won't remove a high hazard tree and just want it to fall. I leave my estimate and beat feet out of there. Those people will turn out to be a problem if we end up working for them. Think about their mindset. Scary...

Tom

 

[DDM]

If his neighbor has informed him that the treee is dead and needs to come down and it falls he could be opening himself up to a lawsuit.

 

[murphy4trees]

When looking at a neighboring tree that poses a threat to my client's property I advise them to send a registerred letter saying they have been informed that the tree is hazardous should be removed. When the tree fails they have proof that the neighbor had been informed of the threat, which could save them considereable expense.
Does anyone have a template for such a letter... it would be nice to have.
Thanks ans God Bless,
Daniel

 

[kf_tree]

i've done a few jobs in hoboken nj (i'm not sure what city agency it was) but they forced the home owner to remove hazard back yard tree's. they would set a date and if the tree was not gone by that date they would start to issue fines.

the problem with this system is we once removed a monster elm because a limb ripped out. the tree would have been fine with a general prune. i don't think the inspector had a good knowledge of tree's.

 

[John Paul Sanborn]

Milwaukee will issue the order for removal with a dealine. If not removed ccity crews will do it and asses the cost to the property taxes.

Here is an ethical dilema, you have neighboring clienst, see a hazard in a tree that would effect the other client.

Clien A decliens to address the deffect, because he knows that the failure will result in client B incuring the cleanup costs.

You were paid by client A to work on the trees and were doing so when the defect was found.

Do you inform client B?

 

[geofore]

clients A&B

I have had client B call to have the tree on client A's property removed. I spoke to A & B about the tree because A & B don't talk to one an other A was happy B was willing to pay to have A's tree hazzard removed. B was happy to get the tree down before it dropped on B's car in B's driveway. B could have sued A to be reimburst but I made it clear I get paid or the the ins company and local police get notfied when I walk. No lawsuit, B paid to remove A's tree. A was ok with it. PR is a must and if you don't want to get in the middle of a neighborhood squable the police or boro or ins company will, to remove the hazzard. A&B still squable just not as much and not about the elm tree.

 

[TheTreeSpyder]

Wow; that is pretty good Geo; usually warring neighbors are one of my 'walk' signals!! Don't like getting into that stuff!

 

[Tom Dunlap]

Minneapolis will condemn hazard trees. The Housing inspectors have been trained to have a better idea of what to look for. They can't condemn the tree without the Forestry department being consulted though. They have a good, structured procedure in place.

Tom

 

[City climber]

hazardous trees

In some areas city inspectors investigating complaints about dangerous trees.If they see a tree that needs to be removed they will give the homeowner a time limit on removing the tree if they fail to comply they will fine them. We too as tree surgeons when we look at a hazardous tree and you tell a customer that the tree should be removed ,if you dont take the tree down in a reasonable amount of time and the tree falls you will share in the responsibility.

 

[Toddppm]

My neighbors have a very large Oak right on the property line that got struck by lightning a couple years ago and is dying, looking worse all the time. We don't hardly speak except for a wave, strange people and I had a little argument with the woman once. I'm considering writing them a letter and then letting the city and my insurance co. know about it. They've got a maple in the middle of the yard that is all but dead, told them 3 years ago it was dying , saw some guys giving them an estimate about 4 months ago and told them to give an estimate on the oak but the lady told them she doesn't want to remove it? No chance I am going to work for these people as I've seen how they complain to other contractors. Which brings up a whole nother thread..

 

[TheTreeSpyder]

A few years back an elderly client called me out to remove dead limbs from over the neighboring property from her tree.

Her property borders on a High School at the far end, where she tends not to go, and hopes to be likewise left alone. The high school at some point had stobbed and ripped limbs off over their parking lot from her trees; all these limbs died back like an advertise-meant for what not to do, her side of these large Live Oaks showed no sign of this. They did this without her knowledge. Underneath was a painted 'No Parking' zone area, that someone elected to hide their convertible Mustang in without the proper parking permit for the school. One of the hazardous diebacks that the school had created fell on the car. Her insurtance had to pay, and threatened to drop her if she didn't remove all of the dead material that the school had itself created!