Protect against liability

[Tower]

I have quite a few pine trees around my house. A neighbor has expressed concern about a couple of them leaning towards their house. This neighbor, however, also seems to want to remove every plant on their property & others' properties.

Would a certified arborist provide a document asserting that he/she believes the trees to not be dangerous? What kind of wording should I suggest they use that would hold up in court (in the event that became necessary)? Also, how would an arborist identify the location of the trees - text description, map, survey?

If this is a forbidden question, please forgive me (and don't answer!), but is there a typical going rate for a certified arborist?

Sorry for the dumb questions. TIA.

 

[lxt]

#1- approach your neighbor & tell him your going to get a CERTIFIED ARBORIST to look at the trees in question per his request! however if no hazard exists & its just your neighbor wanting work done for his own personal gain then he will be responsible for the bill!!

#2 - if there are problem trees then address those concerns(only neighborly)
#3 - you may want to consult with an attorney about property law & responsibility. (where I live acts of god are not negligence).
#4 - all in all depending on your morals & whats right, I think you will choose a path that fits you & your neighbors needs(hopefully)


LXT................

 

[treeseer]

Certified arborists passed a test, 11% of which was about risk assessment. Yes some can assess risk competently. Get one with experience and references. Attached is a CEU article on the topic.

 

[ron in sc]

With respect to identifing tree location you can have a tree survey done. Your surveyor can show location of each tree on your plat. I had to have this done as part of the package I presented to the a zoning board to obtain a variance.

 

[Tower]

Thanks all! :biggrinbounce2:

 

[whitenack]

Also, a little insurance info*:

If the tree is alive and blown onto his property, it is his responsibility and his wallet that cleans up the debris and fixes the damage, regardless if it is your tree or not.

If it was obvious that the tree was dead but you did nothing, and it blows down onto his property, it is your responsibility to clean up and fix, but 9 times out of 10 your homeowners policy will pay.

However, you don't want to have a big claim on your HO policy.

To sum up, if the tree is still alive and in good health, don't sweat it.

* This is how it is in KY. FL may be different.

 

[Tower]

I've read online that if your neighbor expresses concern about your tree, that could be evidence that you were "negligent". It doesn't make sense to me that this would be very strong evidence....but you know how the courts can be. Anyone could just say to you "I'm worried about your tree" and suddenly you're liable!

The fact that there's green needles on the tree does seem like pretty good evidence of tree health....however, I have had trees with green needles turn out to be hollow and also, if a tree is leaning 45 degrees then it surely wouldn't be described as "non-hazardous", would it??

So, it's still a little unclear. I don't know much about "arboring", so I don't understand how an arborist can confidently say "hazard" or "not a hazard", but it seems like it would be good insurance to have one look around and put some comments on paper.

 

[SilentElk]

Having an arborist look at a tree is never a bad idea. Gop with at least a reputable company for a good assesment.

Once there an arborist can take a peek at the tree. The difference between "hazard" or "not a hazard" is often a gray area. In the right wind or situation any tree can pose a hazard. Heck, in a tornado a tree may pose a hazard to a structure miles away when the tornado drops it. Under normal everyday circumstances though, a certified arborist can come in to determine if there are any current health risks that may cause the tree to be an elevated hazard. Such things would disease, the start internal rot and other unique circumstances of the tree such as degree of lean.

Just get a person to take a look. Might cost a couple dollars, but it will be worth it. Off hand it's hard to make a judgement on the situation without a picture. Best of luck!

 

[Ekka]

Over here, just ignore it then if it does fail claim it on insurance. Then insurance not only repairs the damage but also removes the debri.

Page 32 of this policy document proves it.
http://www.racq.com.au/images/Insurance/household_pds.pdf#events

And here's a snap.

 

[DGG]

If you have gobs of pine trees, and won't miss a couple, and if the neighbor will pay for the removal, let him get them removed. Or is his real gripe that they drop sap on his wife's minivan?

Are they near any utilities?

 

[whitenack]

The language that I have seen in determining liability is what "a reasonable person would do" in the same situation.

I think contacting an arborist is reasonable, maybe more than reasonable. So, I would see what the arborist says. If the arborist says it is fine, but the neighbor still wants it out, and you don't care, tell him you will get someone to remove it if he will pay the bill.

 

[Tower]

Thank you for all the responses. People here are so helpful!

I've hired an arborist before and it was more than a couple dollars! $150/hour and he took more than an hour. I'm not sure why - I was not there, which was a mistake.

Insurance only covers it if I wasn't "negligent" and that word could mean anything. I'd like to be prudent - especially since my neighbor is a RE attorney!

There's no way my neighbor would replace any of these trees. Removal costs 700-1000 here. I've been inside their house - they don't have 700 to spare!

They are not near utilities or a driveway. They do not hover over their property at all, in fact.

Thanks again everyone.

 

[whitenack]

Insurance only covers it if I wasn't "negligent" and that word could mean anything. I'd like to be prudent - especially since my neighbor is a RE attorney!

Unless Florida law/insurance is different from KY law/insurance, this is incorrect.

HIS insurance only covers it if you weren't negligent. YOUR insurance covers it if you were.

In other words, if it falls due to an act of God, he (and his insurance) is responsible. If a reasonable person knew it was a hazard and didn't remove it and it fell, you (and your insurance company) would be responsible.

To be sure, I'd talk to your insurance agent. They can talk you through who would be liable in what situations.

Also, talk to him about what your "personal liability" limit is on your homeowners policy. That is the coverage that would respond in the event of a negligence claim.

 

[DGG]

What can you gripe about in his yard? Does he have a yappy dog? Does he play the stereo too loud? Does he have trees that might fall in your yard?

He sounds like a guy who needs a "real" job to keep his mind occupied with something more important than pestering and bullying the neighbors.

I'd probably have told him to stick it in his ear the first time he broached the subject.