Tree hater threatens to sue!

[AirBornMutha]

Thanks for all the comments and advice. Yes it is an English Walnut and it does bear fruit, I didn't realize it was so rare. I think I will tell the customer to find a neighborhood kid to pickup nuts and put a sign up too. If this doesnt work then im with you guys, get rid of the tenant. I didn't realize their was an herbicide to inhibit fruit production, I'd be interested in learning more about it. Thanks again for all the responses I will keep you guys up to date with what happens

 

[sgreanbeans]

This is news to me; possibly good news. How effective is it, and on what species?

I second that, I get asked all the time "what kind of tree can I get that doesn't drop anything"
I always tell them "a plastic one"

 

[hanniedog]

If the tree is healthy and somewhat rare it surely would be a shame to drop it.

 

[highasatree]

would this injection or spray ( retardent ) work on Mulberries?

 

[DeAvilaTree]

According to the safety label "sniper" handles a pretty wide range of trees oaks,maples,walnut,chetnut,apple,cherry, pine cones I would probably assume it would handle mulberry.
They're very simple to use drill a small hole 1/2" deep in to to tree down low as much into the root system as possible every 6" around the tree the tree usually sucks it up right away if not I leave them in over night and I come back in the morning. I think it's a 5/16 bit I can't remember right now. They have worked for me, only problem is timing it has to be done when the tree is in it's pollen stage if you get it to early or to late it won't work 100 percent it might reduce a little but nothing noticeable. The timing is a pain because you can't check on the tree everyday some trees go a little early if it's in a sunny location. That's the toughest part is the timing.
Sherrill has them on thier website.

 

[pdqdl]

It seems to me that since the tenant has notified the landlord of the hazard, that action alone eliminates the liability. He can't claim that he doesn't know about it, can he? It is not incumbent upon a landlord to eliminate all risks, only those that have been deemed unusual or unacceptable to the general population.

Stairs, for example, are responsible for many more falls that anything that falls off of trees, yet no one would suggest eliminating them. Fixing, modifying, or eliminating non-standard features, yes, but they are too much a part of our world to claim that they are a liability to eliminate.

Fruit on trees is just the same; you can't expect ANY kind of tree to not produce a fruit of some sort that might be construed to be a hazard, and I don't think the courts will be willing to set a precedent that every landlord in the country has to cut down trees on the whim of the tenent. That's not very "green" I'd send him a notice that he is responsible for the cleanup if he wishes to utilize that portion of the yard. I'll bet the tenent has to mow the yard, anyway, and that suggests that HE is responsible for all the grounds maintenance, much like vacuuming the floor or cleaning the toilet. Tell him to get to work, and start living up to the rental agreement. I'll bet he shuts up about the nuts.

I'd look for a new tenant, too.


Post script: My understanding is that coconuts are considered a liability if they are not eliminated from the tree or the drop zone is not protected in some fashion. Of course, a falling coconut can kill an unwary pedestrian, too.