Liability for falling trees. Homeowner or Act of God?

[TheJollyLogger]

The trees could have been down by now...

 

[TheTreeSpyder]

A dead or compromised tree can be shown as not exhibiting due care; just as any other faulty, especially rising structure.
>>doesn't matter that it grew there/did not build. It simply is there.
A live, vivacious tree, not so much.
Thus a live healthy fall in storm across 4 lawns >>insurance companies have it so only pay off who has insurance/pay2play.
Dead tree fall across 4 lawns, generally will find is put on tree 'owner'.
Relocation by tornado not a fall. But some are paid to, and exercise by; arguing anything.
.
Local rules and choice of attorney can work from there as to implications and liabilities etc.
Insurance companies can disallow general or specific shituations.
>>especially if talked to them, buddy, neighbor etc. >>anyone w/o privilege of silence, that is not wife nor lawyer..
.
Mother in Law's property backs up to high school parking lot out further than she can walk to.
School without asking stobs off live tree branches over their side of fence (legal, but not nice).
>>virtually all cuts die across
>>years later 1 of those deads falls on student car underneath during storm when left overnight,
>>far from any parking space, hiding around corner w/o parking sticker.
They sued her insurance that paid quickly, w/o litigation.
It was hers to know what was happening on her 'back 40'; even if hidden on other side of huge oaks, caused by someone else, even if that was the injured party..
.
i would have gladly worked on stobs free, they simply weren't visible, and over the school grounds etc.
We always left school alone, as she didn't want any more attention from high school kids than already got..

 

[ijpom]

A dead or compromised tree can be shown as not exhibiting due care; just as any other faulty, especially rising structure.
>>doesn't matter that it grew there/did not build. It simply is there.
A live, vivacious tree, not so much.
Thus a live healthy fall in storm across 4 lawns >>insurance companies have it so only pay off who has insurance/pay2play.
Dead tree fall across 4 lawns, generally will find is put on tree 'owner'.
Relocation by tornado not a fall. But some are paid to, and exercise by; arguing anything.
.
Local rules and choice of attorney can work from there as to implications and liabilities etc.
Insurance companies can disallow general or specific shituations.
>>especially if talked to them, buddy, neighbor etc. >>anyone w/o privilege of silence, that is not wife nor lawyer..
.
Mother in Law's property backs up to high school parking lot out further than she can walk to.
School without asking stobs off live tree branches over their side of fence (legal, but not nice).
>>virtually all cuts die across
>>years later 1 of those deads falls on student car underneath during storm when left overnight,
>>far from any parking space, hiding around corner w/o parking sticker.
They sued her insurance that paid quickly, w/o litigation.
It was hers to know what was happening on her 'back 40'; even if hidden on other side of huge oaks, caused by someone else, even if that was the injured party..
.
i would have gladly worked on stobs free, they simply weren't visible, and over the school grounds etc.
We always left school alone, as she didn't want any more attention from high school kids than already got..

Thanks for your range of stories and situations. Always helpful to understand what has happened historically.
And as you said, you can "argue anything".

 

[Wow]

Or... don't be a ****... be a good neighbor and take care of the trees you own before they hurt your neighbor's property... so tired of property owners worried about their legal liability instead of just taking ownership and doing the right thing.

I fully agree..There is Legal law and there is Moral law..There is, "do unto others as you would have them do unto you". I had a wonderful dog which stayed on a 150 cable run most of the time..My neighbor had a lonely dog that ran loose all the time.. Their dog would come play with my dog every day and I'd pet and feed both dogs. Since they loved to play, I decided that sometimes they could enjoy running in my pasture if I loosed my dog..Sure enough both dogs ended up at my neighbors house..I got ONE complaint..ONE, only that one and I gave my dog away..Words hit like bricks, attitudes often smell sweet but can taste bitter.. The old saying is, "an offended brother is harder to win than a walled city".. The way to win a fight and make friends is to not have it in the first place..BUT,, IF,,, it gets physical..THEN i'm going to win by what ever means needed...Otherwise, I will go everything in my power to keep peace, especially with a neighbor..They can make your life hell for years. Winning a battle does not mean you can win a war..If you can't afford to pay maybe a nice meeting with your neighbors would entice them to help pay. I only have 2 neighbors and I stay on their good side..This year I cleaned up both yards from storm damage for free.. Sometimes when I'm cutting grass at my rental property I cut the lawn next door..Someone once said, "It's better to give than receive". It seems the more nice things I do the more nice things others do for me..Have a great day..and don't count your money while you are sitting at the table..

 

[ijpom]

So if anyone is looking for a conclusion to the dead tree story this is it.

Just today a crew came in to fall the two dead tree (one pictured from the beginning, another dead one that looked less risky).

The first is the rotten interior of the dead one. Feller called it an oak and they hauled that wood out of there like it was gold even though I said I just wanted them down and safe. Neighbors says it was 15 years dead. I'm aware of its last 6 months.

Second tree said to be elm. still looks super solid at the root, but as long as I'm getting them in there, may as well do everything that needs doing.

No people were harmed in this event. Some smaller tree were removed (by accident or on purpose, result the same).
Forest is sill sort of a safe space; for all those who like the forest and mosquitoes and thorns and trip hazards and and and ....

 

[Wow]

So if anyone is looking for a conclusion to the dead tree story this is it.

Just today a crew came in to fall the two dead tree (one pictured from the beginning, another dead one that looked less risky).

The first is the rotten interior of the dead one. Feller called it an oak and they hauled that wood out of there like it was gold even though I said I just wanted them down and safe. Neighbors says it was 15 years dead. I'm aware of its last 6 months.

Second tree said to be elm. still looks super solid at the root, but as long as I'm getting them in there, may as well do everything that needs doing.

No people were harmed in this event. Some smaller tree were removed (by accident or on purpose, result the same).
Forest is sill sort of a safe space; for all those who like the forest and mosquitoes and thorns and trip hazards and and and ....


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View attachment 920224

Well i'm 74, still not over weight but have been working with a crutch under one arm for the last two weeks..I'm starting to think, this show may be about over..I'm not saving any oak anymore..That Elm is a different story..Every now and again I grab some Elm and slice it into some boards just about 1.25 inches thick..Set it in the barn to cure..I've got some two or three old stuff on hand.. I love Elm for Making Wooden wedges..I've used as many as 6 wedges flush cutting a big stump..Wooden wedges are so hand.. I just spend days leveling a 30 foot travel trailer and used some wedges..A lady missed the road, made a 90 degree turn and backed into the rear knocking it off the blocks..The rear bumper limited damage to the trailer and her car bumper got a big ding..Poor think was expecting me to be upset..At 74 you realize getting upset when it's not malicious isn't going to make anything better..I told her to go home and forget it..She's an old 70 year old lady so I offered to fix her car..Kindness is so rare these days..It freaks them out. Ha.Ha..

 

[ElevatorGuy]

I had a neighbors dead tree fall and crush my shed after trying to get it removed for 2 years. They didn’t care, it fell, my insurance paid me and sued them. A few months later just before my new shed got delivered I noticed another tree on a vacant lot. Got the county involved and got a hold of the owner many states away that never had seen the property. It was left to them in a will. They originally cooperated with the process until they realized just a take down was $1500 by my tree guy. They had multiple other estimates done to find out my price wasn’t bad. Still in question, I told them currently the access to it for the crane and bucket truck needed was open but once my shed was delivered the price would go up considerably. Reluctantly they finally had the tree dropped about a week before my new shed came.