Scroungers felling trees on other people's land

[rwoods]

Yes, in the end we must decide how much risk we are willing to take. And, yes, there is likely no legal document that will completely protect you. If you hired a lawyer to try and produce such a document, you could likely pay an insured pro to take the tree down and be money ahead. And even if you had such a document, the obligating party must have the financial wherewithal to cover you. Nonetheless, there may be some simple release and hold harmless document that will provide some worthwhile protection in your jurisdiction if you want one; a competent local attorney can advise you. It seems doubtful to me that most will go to this expense for a one time free tree falling.

I regularly get asked to fall trees from folks who wander over where I am cutting. If I have any interest after questioning them (most are eliminated), I inspect the situation and turn down at least 3 in 4 after inspection. Besides assessing the risks of injuring myself or others, my rule of thumb for property damage is can I afford to pay for a worse case fall and am I willing in this situation to pony up if necessary. I don't use any document but I stick to extremely low risk free falling. Haven't found the undisclosed septic tank, yet.

Good judgment is one of your best protections. Liability insurance sure is nice.

Ron

PS to Eric B: Although I consider myself to be fairly competent amateur at falling, I likewise hire out falling my trees that could damage my house or a neighbor's. It hurts a little when I think of that new saw I could have bought with the money spent. I am fortunate to live in an area where the power company will fall for free any tree that might hit a power line or other power structure. I always call them.

 

[svk]

Just in case anyone reading wasn't aware, most power companies will take down any tree that could threaten their lines for free. I just tag mine and send them an email. Sure you will have to deal with uneven lengths of wood (still haven't figured that one out LOL) but there's no sense risking hitting lines. Sometimes they even chip/haul limbs for free.

 

[unclemoustache]

I have insurance, but I'm not a certified arborist, so if I ever had a claim, my agent says that my insurance would pay, but then they would drop me, and I'd have a hard time getting insurance again.

I'm doing some work for wood only, but that's because it's 4 blocks away, and I can fell them, take what I want and leave the rest for the owner to clean up. He did ask for a copy of my insurance, and I'm now regretting that I gave it. If I'm doing it for free, then I don't think my insurance should be on the line.
Still, it's mostly open field, and anything I don't feel comfy with I let him deal with. I can still get the wood.

But svk has lots of great advice. Those 'waivers' don't hold in court - they're more of a signed promise which convinces people not to sue, especially if they think it's a binding document, which it is not, unfortunately.

 

[Erik B]

Yes, in the end we must decide how much risk we are willing to take. And, yes, there is likely no legal document that will completely protect you. If you hired a lawyer to try and produce such a document, you could likely pay an insured pro to take the tree down and be money ahead. And even if you had such a document, the obligating party must have the financial wherewithal to cover you. Nonetheless, there may be some simple release and hold harmless document that will provide some worthwhile protection in your jurisdiction if you want one; a competent local attorney can advise you. It seems doubtful to me that most will go to this expense for a one time free tree falling.

I regularly get asked to fall trees from folks who wander over where I am cutting. If I have any interest after questioning them (most are eliminated), I inspect the situation and turn down at least 3 in 4 after inspection. Besides assessing the risks of injuring myself or others, my rule of thumb for property damage is can I afford to pay for a worse case fall and am I willing in this situation to pony up if necessary. I don't use any document but I stick to extremely low risk free falling. Haven't found the undisclosed septic tank, yet.

Good judgment is one of your best protections. Liability insurance sure is nice.

Ron

PS to Eric B: Although I consider myself to be fairly competent amateur at falling, I likewise hire out falling my trees that could damage my house or a neighbor's. It hurts a little when I think of that new saw I could have bought with the money spent. I am fortunate to live in an area where the power company will fall for free any tree that might hit a power line or other power structure. I always call them.

I have contacted the local electric co-op to take care of trees leaning towards the lines and they have been good about getting those trees taken care of.

 

[rwoods]

Fixed it for you:

*** Those 'waivers' don't always hold in court - they're more of a signed promise which may convince people not to sue, especially if they think it's a binding document, which it might not be, unfortunately.

There are too many variables in fact and in law to reach blanket conclusions. However, if you are ever on the other end signing a waiver of liability, it would be wise to assume you are waiving your rights or be prepared to fight for the preservation/restoration of your rights even if you live in a state that prohibits certain agreements. Folks can and do sue at the drop of a hat it seems these days and the law is seldom static.

Don't know if this site is up to date but I'll post a link to it for whatever informational purpose it may be worth. http://www.recmanagement.com/feature_print.php?fid=200611gc03. This link is directed towards recreation but I direct your attention to it to illustrate that the law is not the same everywhere.

Unfortunately when it comes to legal matters very little can be said prospectively in absolute terms. Giving specific legal advice in general matters is like giving specific advice on how to fall an unseen tree and in circumstances that you don't know. You should not rely solely on general advice on almost any subject regardless of the source especially in legal matters, as it might not fit your situation.

Below is my disclaimer for this post. It is kind of sad that such is required for the protection of both the writer and reader, but that is the present reality.

Ron

This post is for general informational purposes only. I have no affiliation with the link posted. I make no representation that the information provided at said link is correct or complete. This post is not intended to constitute advertising, solicitation or legal advice, and is not intended to, nor does it, create an attorney-client relationship between myself or anyone else. This post is not intended to be used as a substitute for specific legal advice, nor should anyone consider it as such. You should not act (or refrain from acting) based upon information in this post or the referenced link without first obtaining professional advice regarding this information and your particular facts and circumstances.

 

[Gologit]

Fixed it for you:



There are too many variables in fact and in law to reach blanket conclusions. However, if you are ever on the other end signing a waiver of liability, it would be wise to assume you are waiving your rights or be prepared to fight for the preservation/restoration of your rights even if you live in a state that prohibits certain agreements. Folks can and do sue at the drop of a hat it seems these days and the law is seldom static.

Don't know if this site is up to date but I'll post a link to it for whatever informational purpose it may be worth. http://www.recmanagement.com/feature_print.php?fid=200611gc03. This link is directed towards recreation but I direct your attention to it to illustrate that the law is not the same everywhere.

Unfortunately when it comes to legal matters very little can be said prospectively in absolute terms. Giving specific legal advice in general matters is like giving specific advice on how to fall an unseen tree and in circumstances that you don't know. You should not rely solely on general advice on almost any subject regardless of the source especially in legal matters, as it might not fit your situation.

Below is my disclaimer for this post. It is kind of sad that such is required for the protection of both the writer and reader, but that is the present reality.

Ron

This post is for general informational purposes only. I have no affiliation with the link posted. I make no representation that the information provided at said link is correct or complete. This post is not intended to constitute advertising, solicitation or legal advice, and is not intended to, nor does it, create an attorney-client relationship between myself or anyone else. This post is not intended to be used as a substitute for specific legal advice, nor should anyone consider it as such. You should not act (or refrain from acting) based upon information in this post or the referenced link without first obtaining professional advice regarding this information and your particular facts and circumstances.

Great post Ron.

 

[stihly dan]

I have felled many trees on someone's yard. half my wood come's from this practice. I don't clear brush, other than making a pile at most, and I drive up to the downed tree with the truck. If this can't happen I don't cut the tree. Also I can't think of 1 person that I have done this for that knew my phone # or last name, or anything else about me. I actually have a place this year that I will be cutting a boat load of wood at, I had been there before from a craigslist add. Ironically I had a service call at the same house 2 years after and they only knew my face, they called me the wood monster to people that they spoke to about me. So the lack of info also may help against law suits (maybe). Who do you sue? The guy in the blue truck?

 

[unclemoustache]

Fixed it for you:



There are too many variables in fact and in law to reach blanket conclusions. However, if you are ever on the other end signing a waiver of liability, it would be wise to assume you are waiving your rights or be prepared to fight for the preservation/restoration of your rights even if you live in a state that prohibits certain agreements. Folks can and do sue at the drop of a hat it seems these days and the law is seldom static.

Don't know if this site is up to date but I'll post a link to it for whatever informational purpose it may be worth. http://www.recmanagement.com/feature_print.php?fid=200611gc03. This link is directed towards recreation but I direct your attention to it to illustrate that the law is not the same everywhere.

Unfortunately when it comes to legal matters very little can be said prospectively in absolute terms. Giving specific legal advice in general matters is like giving specific advice on how to fall an unseen tree and in circumstances that you don't know. You should not rely solely on general advice on almost any subject regardless of the source especially in legal matters, as it might not fit your situation.

Below is my disclaimer for this post. It is kind of sad that such is required for the protection of both the writer and reader, but that is the present reality.

Ron

This post is for general informational purposes only. I have no affiliation with the link posted. I make no representation that the information provided at said link is correct or complete. This post is not intended to constitute advertising, solicitation or legal advice, and is not intended to, nor does it, create an attorney-client relationship between myself or anyone else. This post is not intended to be used as a substitute for specific legal advice, nor should anyone consider it as such. You should not act (or refrain from acting) based upon information in this post or the referenced link without first obtaining professional advice regarding this information and your particular facts and circumstances.

Good stuff. My information does not even come from a lawyer, so don't rely on me.

 

[bigblue12v]

Lots of good input here guys!

 

[Woody912]

OK a lot of us get to cut on other people's land. Do you fell a tree in someone's yard if they ask you to? A buddy said his in laws need a tree dropped, presumably I'd be keeping the wood. Any insurance concerns? My head is spinning thinking about it. If I do it for free (of course I'm getting the wood), am I lowballing tree services? If I charge for my service as a tree company would, am I over charging because I'm not insured? How does this work? Where do you draw the line? Or do you just tell them to pay a tree service to drop it and then you'll come take care of the rest?

Thanks for good advice
Eric

I cut up fallen trees at rentals for $, boss wanted the other half of one cut and I told her $10,000 would not be enough. Eventually took electric, fiber optic, cable etc when it fell but I did not pay for it and got paid for cutting it up. I cut for a friend for recreation but if there is anything within falling distance including a septic field I don't touch it. Have 4 urban trees to do this summer that will probably yield 6-8 cords of wood but I will start work when they horizontal

 

[blades]

A local tree company brings all the good wood to his wood lot and him and his daughter split it and sell. She is out there almost every single evening splitting. They sell a lot of it. Lucky dog getting it coming and going. She's widowed, good looking and a helluva hard worker.

Introduction needed

 

[blades]

Me- Don't take down trees on other's property- just a protect my tail thing I guess. Cutting up a down tree is something that has to be agreed on in writing first, again tail protection, removal of wood depends on access and remedial expectations as well as what equipment might be needed again preferably in writing. And I do have the liability Ins to cover same.

 

[1project2many]

I have cut on others' property. I usually try to get a feel for the people and situation and don't go beyond what I'm comfortable with doing. It's not uncommon for me to say "No, thanks." I turned down a couple of big Ash last summer because I just wasn't comfortable taking them down.

Civil lawsuits are funny things. A ruling against you don't require a rock hard case, only a preponderance of evidence that you are at fault and a person or group of people that feel like you are responsible for compensating for any damage. And the cost to fight can be just as high as the cost of losing.

 

[lmbrman]

free and worthless info that I have witnessed in court here in WI-
any document regarding an agreement about liability is also an admission of liability great enough to require concern

be safe-
dave

 

[Oldman47]

An interesting spin lmbrman. If I want a waiver I must perceive significant liability risk. The only way to fight that argument would to be able to show a release for every job you ever took on. Then it becomes a standard practice unrelated to the task at hand and the specific risk involved.

 

[lmbrman]

An interesting spin lmbrman. If I want a waiver I must perceive significant liability risk. The only way to fight that argument would to be able to show a release for every job you ever took on. Then it becomes a standard practice unrelated to the task at hand and the specific risk involved.

good counter spin, I like your logic

 

[rwoods]

If the risks of cutting a particular tree isn't "great enough to require concern" then likewise we probably wouldn't be concerned about the legal implications. Ron

 

[cre73]

I have quit doing residential work helping people, cleanup is to much of a hassle. While they sit around and drink ice tea and tell you where to drag the brush. Then they tell you what a good deal your getting with all this free wood.

 

[bigblue12v]

I try to get most of my wood from people I know who have lots of acreage of woods they want maintained for hunting and recreational use, but if someone offers me a tree or two in their yard and I can safely get it, well I hate to turn them down. Lots of great input here thank you all. I haven't heard from those people yet so who knows maybe they aren't serious or just not in a hurry.

 

[hupte]

I try to get most of my wood from people I know who have lots of acreage of woods they want maintained for hunting and recreational use, but if someone offers me a tree or two in their yard and I can safely get it, well I hate to turn them down. Lots of great input here thank you all. I haven't heard from those people yet so who knows maybe they aren't serious or just not in a hurry.

really good advice posted here so far... but now i'm gonna say something. lol. jk.

My first question I always ask is, "could the tree fall in any direction and hit anything?" If their answer is yes, then I say "no, thanks. call an arborist." I may then offer to haul away. depending on the tree, location, etc.