Deb Lane
ArboristSite Lurker
I don't know what to do about this, will the tree live? If it comes down, it's coming my way.
https://photos.app.goo.gl/PAVtG8Hcv4Wxyb7E6
https://photos.app.goo.gl/PAVtG8Hcv4Wxyb7E6
So my neighbor did this
- Thread starter Deb Lane
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Wow, that's a new one, and I've been on this site 15 years... yes, this is a problem. Not a problem tomorrow, necessarily but definitely a large problem. Let's chew on this one a little.
Ancient Chinese phrase…Holeeshit!
take lots of pics…send copies to your Ins. company…they will need them, eventually.
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Wow, maybe it's true you can't fix stupid!
Bill G
ArboristSite King
Deb,
To get back on topic there is no real way to know but you do need to consult a qualified arborist in you area, actually consult several and do not let the folks here dissuade you. A local arborist is your best bet not some internet jockey.
Bill
Deb, I agree totally with Bill. Have an arborist look at it. I feel certain they will tell you that the side with the DAMAGE is going to die. End result, it winds up on your side of the fence when it falls. It is their tree! If any damage results from their tree, they are responsible. Take lots of pictures as suggested earlier. jmho
OT
I seen far worst but that in the top 10
some words & phrases you may hear or get to know
by his actions
ought to have known
Trespass
Consent
Abatement
If i see it correctly the tree - arises on his land and it has large boughs that spread and over hang your land
Tree will survive short term but not ideal longer term
Q is the new fence within your city design codes and is it solely his $$ & on his land or do you co-share boundary fence costs in US
Actions,
1 call your City see if any vegetation controls or construction codes been breeched.
2 Call you home insurances see if they can assist or advise you. 3 Call your local power phone company ask them to inspect
Solution maybe, ask him to remove prune reduce the over hanging boughs that now present predictable danger to use of your land & power phone lines to you home, a local arborist would be be best advise.
some words & phrases you may hear or get to know
by his actions
ought to have known
Trespass
Consent
Abatement
If i see it correctly the tree - arises on his land and it has large boughs that spread and over hang your land
Tree will survive short term but not ideal longer term
Q is the new fence within your city design codes and is it solely his $$ & on his land or do you co-share boundary fence costs in US
Actions,
1 call your City see if any vegetation controls or construction codes been breeched.
2 Call you home insurances see if they can assist or advise you. 3 Call your local power phone company ask them to inspect
Solution maybe, ask him to remove prune reduce the over hanging boughs that now present predictable danger to use of your land & power phone lines to you home, a local arborist would be be best advise.
Call the Code enforcer in your town and tell him the neighbor has created a dangerous situation, and you need it remedied.
Looks like it’s his tree correct? That also looks like an 8’ fence or is that chain link only 3’ tall?
I'm just gonna hazard a guess here and assume you don't have a very good relationship with your neighbor?
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Looks like one of those 6' plastic privacy fences
Mmmmmm, first things first. Have you TALKED TO YOUR NEIGHBOR? I think it is the first thing to do. Try that.
If said tree does fall because of them reckless cuts, and does cause damage, then your neighbor is at fault, since its no longer considered a natural accurance (sp?) i.e. an act of "god"
OR the fence installer would be liable
Really depends on who decided that carving up a healthy tree for "clearance" was a good idea.
Take lots of pictures, with notes as far as dates times, who what where etc and send them off to your home insurance folks, But not before having a chat with said neighbor. Mention that a gapping wound like that invites disease and decay weakening the tree and becoming a very real future hazard, that THEY would be liable for, they get shirty over it, send it off to your Ins. co and watch the fireworks.
OR the fence installer would be liable
Really depends on who decided that carving up a healthy tree for "clearance" was a good idea.
Take lots of pictures, with notes as far as dates times, who what where etc and send them off to your home insurance folks, But not before having a chat with said neighbor. Mention that a gapping wound like that invites disease and decay weakening the tree and becoming a very real future hazard, that THEY would be liable for, they get shirty over it, send it off to your Ins. co and watch the fireworks.
Snowman59
ArboristSite Lurker
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.
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.
Good point, the neighbor may be as concerned as you are.
rngrchad
Addicted to ArboristSite
Well, keep your tree on your property and this wouldn’t have been an issue now would it ?
I can tell you from first hand experience, it's not going to be fun, or cheap. The neighbor may be liable, but your insurance company will have to sue the neighbor to get then to pay. I have a jerk for a neighbor with several trees thay start in his property and over hang my house.
The township says I can trim the trees, but not do anything that will kill them. Logically they should be brought down as to not come crashing through my bedroom, any trimming would be a moot point, as trimming enough would essentially be cutting the tree in half at the property line. I've had professionals out and submitted their report to my insurance company, with several certified letters to the neighbor stating they are hazard trees, should be removed, and at the time I was willing to pay for them to be brought down. He rejected several of the letters. I ended up paying the county sherif to hand deliver the last letter, to which he did reply. "Thats what insurance is for." So I can't do anything to the trees legally, but he's been informed of the hazard and on record stated he basically doesn't care. So every time the wind blows we just wait for one of them to fall over, or drop more branches and damage rhe roof again. It's a shite show for sure.
I do agree you need to try good faith communications with your neighbor first.
The township says I can trim the trees, but not do anything that will kill them. Logically they should be brought down as to not come crashing through my bedroom, any trimming would be a moot point, as trimming enough would essentially be cutting the tree in half at the property line. I've had professionals out and submitted their report to my insurance company, with several certified letters to the neighbor stating they are hazard trees, should be removed, and at the time I was willing to pay for them to be brought down. He rejected several of the letters. I ended up paying the county sherif to hand deliver the last letter, to which he did reply. "Thats what insurance is for." So I can't do anything to the trees legally, but he's been informed of the hazard and on record stated he basically doesn't care. So every time the wind blows we just wait for one of them to fall over, or drop more branches and damage rhe roof again. It's a shite show for sure.
I do agree you need to try good faith communications with your neighbor first.
In this state (WV) you have to mail a registered letter to the property owner of a hazardous tree that is a threat to your home or property. That makes his insurance liable for damage. If that’s not done and it falls say on your house then it’s all on your insurance to pay as it was an act of God.
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