How were they even able to set any posts at the base of that tree??I recently contacted an attorney for legal advice for a similar situation due to subdivision developers clearcutting everything in sight right up to our forested property line. Here is what he said:
I am responding to the legal inquiry you recently submitted to our firm. Due to recent development around property adjacent to partially forested land you own, you have inquired about any potential legal liability to you should a tree fall on neighboring property.
Normal negligence law would apply in this case. Should a tree located on your property cause damage to neighboring property, the homeowner’s insurer for the damaged property would be responsible. That insurance company may seek subrogation from you for amounts paid to remedy the damage. You may be liable if you knew or should have known of damage to the offending tree that made it susceptible to collapse. For example, let us assume the tree is dead or dying from insect infestation and that the infestation has rendered the tree unstable and susceptible to collapse. In this situation you may be liable to repay the insurance company who satisfied the damage claim, particularly if the deterioration of the tree was readily apparent.
On the other hand, should a perfectly healthy tree or even an unhealthy tree with no apparent problems fall on neighboring property, it is unlikely that you would be responsible. In any case, you would also want to turn any claim for subrogation over to your insurance company for a defense and coverage. Whether your insurance company would provide a defense and coverage would depend of course on the terms of your own policy. Insurance policies, as you may suspect, have many exclusions and exceptions to coverage. Absent reviewing your own policy, I cannot comment as to whether the policy would provide coverage in this scenario. You may wish to consult with your agent or you are welcome to provide me the policy to review.
So my neighbor did this
- Thread starter Deb Lane
- Start date
Help Support Arborist Forum:
How were they even able to set any posts at the base of that tree??
Not an issue here as I own both the homes on either side of the farm so if I have a tree issue, I call one of my arborist customers and have them cut it down. Has not happened yet, but may at some point.
depends on the state
Shallow hole and lots of redi-mix?
- Joined
- Jan 21, 2023
- Messages
- 1,033
- Reaction score
- 1,111
Yep.Shallow hole and lots of redi-mix?
Bill G
ArboristSite King
Since those are hollow I would drive a piece of rebar down first.Shallow hole and lots of redi-mix?
Bill G
ArboristSite King
Go big or go home. I actually use rebar for a lot of things. I am trying to plan out a Christmas light display frame using it now.1/2” ? Or go with big dog 3/4”?
Little trees grow big, most always and I've never been able to figure out why people plant them on property lines in the first place. Fence looks decorative to me, but then out here, only fences are to keep livestock sequestered and 99% of the time are electrically charged. Never whizz on an electric fence is the credo out here.....
Deb Lane
ArboristSite Lurker
Thank you Bill,
My friend that has a tree service has recommended one. Sadly, my friend doesn't have much hope for the tree.
Deb Lane
ArboristSite Lurker
It is a 8 ' fence
Deb Lane
ArboristSite Lurker
I have talked to the young lady that put up the fence. I asked why she couldn't find a different solution, like modify the fence? I would have agreed to her boxing in the fence on my property if necessary. She was the one that instructed the young guy from the fence company to cut the tree. She told me I was being ridiculous, that tree is fine that way. The conversation escalated pretty quickly from there. Nothing friendly to report there. She just purchased the house this year. Also, the fence company busted the main water line and flooded my shed and part of the yard. No water for the block for quite some time. What a bunch of dumb asses.
Your neighbor knew what he was doing. I’m going with what someone else has said in the thread. You two don’t get along.
In this case I get the frustration you have but I’d bet he’s very happy with his 8’ fence. On the other hand I had a neighbor complain that I took one of my trees down. She actually walked into my back yard as I was bucking it up. She then proceeded to call not only the hoa but also the county after seeing I had 6 other trees marked for removal. She told them both that they were her trees to start with and I’m encroaching on her property in general. After much bs she caused I had our property officially surveyed and she lost about 50’ of what she thought was hers. All the trees were mine, nothing close to the line either. My tree buddy showed a few weeks later, We crashed and chipped stuff all day. She cried about it, it was a good day. Haven’t spoke to her since, haven’t seen her much at all anyway. People need to mind their own business, to me that’s the message in your neighbor installing an awesome 8’ tall fence.
Deb Lane
ArboristSite Lurker
Thank you, that is very helpful. Getting my documentation together.
Call the code enforcer at town hall.
Just another good reason why my wife and I would never live in suburban America. Besides, I dislike neighbors unless I own the houses...lol
Deb Lane
ArboristSite Lurker
I had never met her before she called to tell me that my yard was flooding because her
I had never even talked to her before she called to tell me my shed was flooding because of the fence company hitting the main
water line. I do mind my owne business and support the idea of others doing their own thing. I don't like the fence but have no problem with her putting it up for privacy. My reason for the thread is for advise on what to do about the tree because she doesn't seem to care. The reason I care is because it is a big ass tree and it will may down on my house at some point in the future. I am looking to mitigate the problem, not make it worse and talking to her didn't prove to be productive. I have had a tree service maintain the tree on my side for 27 years to try and do what I can to make it beautiful and healthy.
10-4, I understand that. We also went the certified letter route at my old house but that was a different situation. I had the neighbor behind me dead tree fall and crush my shed. We had proof of contact about it but nothing official. Our insurance paid and sued them. We had pics of the tree in question that had been standing dead for 2 years. After all the cleanup was done and new shed was ordered I noticed another dead tree in its path. However that tree was on an empty lot own by someone halfway across the country. Had to get the county involved to contact the owners, they had never even seen the property. It was willed to them from a relative. We got a tree quote for them and they thought it was too high and left it as it was until once again the county contacted them. They had a few other companies come out and look. The only access to it was through our property and once the shed was set it would’ve been a much more difficult removal. They ended up using the first guy we had out.
Few questions, so what happend when they reject the letter multiple times? Rejection of certified mail is not considered being informed. Hence why i ended up paying the sherif to hand deliver the letter to my neighbor.
Also, whom did you get to asses the tree (s) as hazard tree (s)? Doesn't matter if you're a "professional" or not, you need to hire someone without a vested interest in your property, ie third party.
Even if you can skip all those hurdles (which I highly doubt.) It's still up to your insurance company to sure have insurance company to prove liability.
Been dealing with this for the past 10 years. Between the township, insurance company and lawyers I'm fairly confident you don't just send a certified letter and call it a day.
Bill G
ArboristSite King
Hello Deb,
I am glad you consulted someone in the area. There is not a single person here that can give a definitive opinion based on a picture. Now with that being said, some can give some educated advice but it is still subject to interpretation of a picture and not being there on site.
Similar threads
