Neighbor's 70' pine is ready to fall on my garage!

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HardwareStoreStihl

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Hey guys! A few months ago we had a quick but damaging wind storm in my part of Massachusetts. Lots of hail and gusts around 70mph. There is a ~70 foot 20" round pine that snapped off the trunk completely, but is leaning against a slightly larger pine at a 10 degree angle. It is being held up by some branches and not much more. It has been constantly creaking with every wind gust. If there was to be more severe wind or the supporting pine's branches failed, the direction of fall is right on my garage, corner of my house, and driveway with 4 vehicles in it.

Me and my other family members have brought it up to the neighbor several times. He had a tree service out to get an estimate for the removal of the pine and some other large damaged trees. Spoke with him today to find out that "they were too expensive" and he (total new saw user) planned on "buying a saw and get on a ladder to cut in in half" to fell a broken, leaning 70' pine, and wants to fell another 40' half broken tree (hardwood something) which could also hit on my lot. As a small engine mechanic who knows his way around a saw but anything close to a tree pro... that doesn't make me feel any better LOL.

Does anybody know what I can do about this? This busted pine has been neglected for months and I fear it may be dislodged with the strong winters we have in northern MA. Are there any resources I can use regarding this, or what would happen insurance/liability wise if this wrecks my place?

Thanks in advance.
 
Call your insurance carrier and explain the situation and ask them. Some carriers won’t pay a claim on a hazard tree that has should have been removed and wasn’t. I’d certainly take pictures of it and catalog what’s happening including conversations with the neighbor. Ask your neighbor what his plan is when his lumberjack skills drop a tree on your garage? Guessing insurance isn’t going to be too quick to pick that tab up either. He thought the tree removal service was expensive.
 
Hire a reputable arborist to give an assessment of the situation and mail it to him via Certified Letter. Don't hand it to him. Mail it. That was you're covered in court when it falls. If you want to prevent this from happening you might offer to split the cost with him. In order to save your garage and vehicles. And make sure he does doesn't go with the cheapest unreputable tree service. If you don't care about your garage then move the vehicles out and wait for the inevitable. And hope he has insurance.
 
ElevatorGuy said:
I don’t understand that logic, Why should he pay to remove his neighbors damaged tree?
Click to expand...
If my neighbor had a hazard tree or trees that were a threat to my property/home/vehicles and he wasn’t able to remove them properly I would offer to pay a qualified tree service to remove them.
 
HardwareStoreStihl said:
Hey guys! A few months ago we had a quick but damaging wind storm in my part of Massachusetts. Lots of hail and gusts around 70mph. There is a ~70 foot 20" round pine that snapped off the trunk completely, but is leaning against a slightly larger pine at a 10 degree angle. It is being held up by some branches and not much more. It has been constantly creaking with every wind gust. If there was to be more severe wind or the supporting pine's branches failed, the direction of fall is right on my garage, corner of my house, and driveway with 4 vehicles in it.

Me and my other family members have brought it up to the neighbor several times. He had a tree service out to get an estimate for the removal of the pine and some other large damaged trees. Spoke with him today to find out that "they were too expensive" and he (total new saw user) planned on "buying a saw and get on a ladder to cut in in half" to fell a broken, leaning 70' pine, and wants to fell another 40' half broken tree (hardwood something) which could also hit on my lot. As a small engine mechanic who knows his way around a saw but anything close to a tree pro... that doesn't make me feel any better LOL.

Does anybody know what I can do about this? This busted pine has been neglected for months and I fear it may be dislodged with the strong winters we have in northern MA. Are there any resources I can use regarding this, or what would happen insurance/liability wise if this wrecks my place?

Thanks in advance.
Click to expand...
The Municipal code inforcer can make him remove it. Also send a registered letter to him advising him that it is a dangerous situation and he must take action.
 
You can’t be forced to remove it, At least not where I’m at. We tried twice. The first one was dead and had been for a few years. The house was vacant, multiple attempts were made via the county to no avail. The tree fell and crushed my shed, my insurance paid us and sued the property owner. Luckily we had proof and pictures of it. I don’t know if my insurance company was ever paid.

The 2nd time was a lengthy process but the dead tree was removed before it failed. That was a mess because it was just land that had been inherited by the granddaughter who lived 1000 miles away and never saw the 1/4 acre worthless non buildable lot.
 
ElevatorGuy said:
You can’t be forced to remove it, At least not where I’m at. We tried twice. The first one was dead and had been for a few years. The house was vacant, multiple attempts were made via the county to no avail. The tree fell and crushed my shed, my insurance paid us and sued the property owner. Luckily we had proof and pictures of it. I don’t know if my insurance company was ever paid.

The 2nd time was a lengthy process but the dead tree was removed before it failed. That was a mess because it was just land that had been inherited by the granddaughter who lived 1000 miles away and never saw the 1/4 worthless non buildable lot.
Click to expand...
All State laws can vary he can check.
 
lone wolf said:
The Municipal code inforcer can make him remove it. Also send a registered letter to him advising him that it is a dangerous situation and he must take action.
Click to expand...
Are you referring to the Building Inspector, and/or Zoning Officer?

If so, no he can't enforce him removing the tree. It would be a civil matter. I live in MA and we are under the IRC for 1 and 2 family (residential) and the IBC for commercial. Once the tree falls and the FD calls the BI, he will send an order to remove the tree off any building it may fall onto.
 
Search and research the laws for your state. Take and save plenty of pictures.

"In most states, if your tree or any part of it falls on your neighbors’ property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or another so-called “act of God”), you are not responsible. Your neighbors will have to file a claim with their own property insurer if they want to be reimbursed for their loss.
If, however, the tree that you own, or a branch from it, fell as a result of your negligence (for example, an overhanging branch had been dead for years and your neighbors had been complaining about it for nearly as long but you neglected to have it cut down), you are liable."

https://www.nolo.com/legal-encyclop...t states, if your,), you are not responsible.
- The power of Google
 
Able Feller said:
Search and research the laws for your state. Take and save plenty of pictures.

"In most states, if your tree or any part of it falls on your neighbors’ property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or another so-called “act of God”), you are not responsible. Your neighbors will have to file a claim with their own property insurer if they want to be reimbursed for their loss.
If, however, the tree that you own, or a branch from it, fell as a result of your negligence (for example, an overhanging branch had been dead for years and your neighbors had been complaining about it for nearly as long but you neglected to have it cut down), you are liable."

https://www.nolo.com/legal-encyclop...t states, if your,), you are not responsible.
- The power of Google
Click to expand...
That’s how I got the lady to remove the other tree before it fell. I told her it already happened to me once, my new shed was coming in and it would cost a lot more to remove once my shed went back due to access. I had pictures and everything documented. I told her I was already planning to sue as soon as it fell.
 

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