Who's Responsiblity? Me or the Town?

[linckeil]

at the end of my driveway is a very old maple tree. it is on my property and not on the town property (the town owns 10 feet in from the street and this is about 15 feet in) it appears healthy, but is rotting from the inside out. the tree has a natural lean on it. it leans toward the street. in the event it should fall, it is going across the street and taking the power lines down with it.

i guess this is legal question. when the tree falls, would i be at all responsibile for the cost of cleanup and re-running the power lines? i would remove it, but it does not pose a threat to my property, only to the town's property. plus it would cost me a fortune to have it removed, but it would likely be cheaper than having to pay for new phone and power lines if i was to be held accountable in the event it falls.

any similiar cases out there setting precedence on this one? what are your opinions?

 

[trimmmed]

Yes, it would be your problem to repair and pay for all of that.
Because you know it's a hazard, it's on your property and you just told us so, which means you know and failed to mitigate.

If you want to keep the tree you have to evaluate it's value versus what it might cost you later.
If you want to lose the tree and not pay for the removal, call the power company and tell them you're going to drop it and could they please have their guys there to reconnect the wires. They will probably do the take down for you free at that point.

 

[matt9923]

depends. I have seen someone drop a tree right on the lines and across his street.... He didn't have to pay i think he got a fine but it was only $50.
the last tree he dropped landed on his pool when his kids were in it, almost killed them.

SO idk if they can blame you if it goes over in a storm?
call them

 

[linckeil]

It and the damage it causes when it goes over is 100% on you!

so whenever a tree falls across the road and takes down the lines, the property owner has to foot 100% of the bill?

 

[linckeil]

Yes, it would be your problem to repair and pay for all of that.
Because you know it's a hazard, it's on your property and you just told us so, which means you know and failed to mitigate.

yes, i am acknowleging the tree is a potential hazard, but so has the town. they are just as aware as i am. i will call the power compnay aswell - thats a good thought.

 

[Garden Of Eden]

Real quick question, just kinda hit me. If i knock on your door, and tell you there is a hole in your back fence and your dog can get out, but I do nothing else, and the next day your hazardous dog gets out and attacks someone, am I responsible? After all, I did tell you and acknowledge the hazard. Of course, this is just me thinking aloud. lol

 

[Tree Pig]

yes, i am acknowleging the tree is a potential hazard, but so has the town. they are just as aware as i am. i will call the power compnay aswell - thats a good thought.

Just so you know the bigger question you should answer is what will the insurance company do. I can tell to an almost certainty that if they know you had knowledge it was a risk and it falls on something they will not cover it at all. They will tell you that it was your responsibility once you found out it was a danger. Where are you in CT?

 

[Jovary]

depends. I have seen someone drop a tree right on the lines and across his street.... He didn't have to pay i think he got a fine but it was only $50.
the last tree he dropped landed on his pool when his kids were in it, almost killed them.

What?! Maybe it should be required that you have to pass an IQ test to own a chainsaw.

I have seen legislation from CT that states that the home owner is responsible for inspecting their street side trees for hazards, and failure to inspect them would be considered negligence. So I'd say your liable. Before calling the electric company I would call an Arborist to inspect the tree, they may be able to reduce the hazard.

 

[linckeil]

Real quick question, just kinda hit me. If i knock on your door, and tell you there is a hole in your back fence and your dog can get out, but I do nothing else, and the next day your hazardous dog gets out and attacks someone, am I responsible? After all, I did tell you and acknowledge the hazard. Of course, this is just me thinking aloud. lol

your dumbed down analogy doesn't really apply here. lets spin it this way. if your buddy knocks on your door and tells you he is going to murder someone, but you don't call the cops or inform anyone, and the next day your hazardous friend goes out and kills someone, are you at all responsible? after all, he did tell you and you acknowledged the hazard. most courts would likely rule you an accesory to murder. of course, this is just me thinking aloud. lol

lets try to stick to the issue at hand and not some unrelated hypothetical.

 

[Garden Of Eden]

lol...basic law was the same.

And you'd be hard pressed to find a jury to convict. Regardless, I'm curious how it wouldn't be your responsibility, law aside. I think if a tree or anything else for that matter on my property, is a hazard, or potential hazard to others, not on my property, I wouldn't have any qualms about removing said hazard.

Either way, I thought the "dumbed down analogy" was kinda funny. And aside from being different nouns in the "analogy," it's pretty much the same law. Dogs are property, just like trees.

Have a blessed day, hope it works out for you...

Jeff

 

[linckeil]

there are different opinions here and i welcome all opinions, i just think it would make more sense to stick to the facts at hand.

Some can make the argument that the land owner owes no duty to those outside his property to correct natural conditions on the property - even though those conditions might present a hazard to outsiders.

And some can make the agruement that not rectifying a known hazard (even if it is a natural, non man-made hazard) would constitute negligence.

I am by no means a lawyer. I can see both sides of the story. Just curiuos what public opinion is and if precedence exists on the issue.

 

[Tree Pig]

Well what I am telling you is FACT in Connecticut if you have a tree that you know is a hazard and you do not resolve the issue and something happens. You are negligent. Call an insurance company and ask them. Just dont call yours because it will go on file.

 

[Jovary]

I second Stihlomatic. This is not the case of "If a tree falls in the woods...". It is a law and no insurance co., lawyer, jury or judge would consider that "it occurred naturally" as a legitimate defense if anything happened. If a tree fell on your car would you not try to hold the owner accountable? your insurance company would.

 

[maestro]

You are responsible for any tree on your property that is a known hazard. You have stated that this tree is clearly on your property and not on a city easement. You have stated that the town "is aware" that the tree is a hazard, I can only assume they sent you notification. The thing here is the bigger picture. You shouldn't be worried about the power lines as much as the possibility of this tree falling on someone or some thing. There was a case here in St. Louis that one of my instructors, an inspector for Davey Tree, was called out to testify on. Tree failed and fell on a passing car killing a woman. Home owner was responsible because the tree was a known hazard. If this tree is visible from your home, your driveway or you walk past it while mowing the lawn and you can see it's rotten, not a hidden rot inside perfectly good bark, you are responsible. It's your tree...you need to take care of it. An act of God/Nature would be to have the tree fail after being struck by lightning. Falling over when you knew it was rotten and left it stand will be ruled as negligence. Check your city, county and state ordinances if you don't believe me.

 

[Shagbark]

The governing body of your locale should have codified property owner responsibility for similar circumstances. If not, very simply this is a basic economics question. I guess I would determine how much taking care of the potential hazard NOW will cost. Weigh that cost against the cost of attorney fees at $XXX per hour, + days-weeks-months of your life fighting the City and the Power Company + court costs and fame from local media attention.

If codified your responsibility, then follow the law. If not codified, ask yourself what your financial risk tolerance is.

 

[Garden Of Eden]

Thanks everyone. All I was saying is to me it seemed a little common sense. I didn't even know a case could be made for letting your stuff injure other, financially, or physically. Seemed silly. Oh well, someone said, common sense isn't so common.

Have a blessed day,

Jeff

 

[johninky]

If this tree was located where I live, southern KY, all to have it removed would be a call to the utility company. There would be a crew here the next morning and the tree would be gone before lunch. The power company around here much prefer cutting and removing a tree than having to clean up the mess and replacing all the wires it took out when it fell in a storm. I have a large 60- year old water maple in the front yard. Largest tree on the street. On average someone from the utility company stops by once a tree and asks me if I want it removed.

 

[trimmmed]

Real quick question, just kinda hit me. If i knock on your door, and tell you there is a hole in your back fence and your dog can get out, but I do nothing else, and the next day your hazardous dog gets out and attacks someone, am I responsible? After all, I did tell you and acknowledge the hazard. Of course, this is just me thinking aloud. lol

lol...basic law was the same.
.........

Not quite the same......you don't have any ownership stake in that scenario, so no matter who the dog attacks there is no way to blame you. However, in your analogy the fact that you warned the guy about the hole in the fence and he still let his dog get loose and attack someone means he is very liable as he had knowlege of the potential hazard and did not act. So that part does tie in here......kinda. As the OP knows this is a hazard or at least a potential hazard right now.

 

[capetrees]

Come on people! This is a no brainer. The tree is on his property. If he knows its a hazard or a potential hazard, he has a responsibility to remove the hazard. The town should simply notify him and then he has the responsibility to remove the problem. Same as if the tree were leaning over the neighbors house. Its not the neighbors problem to clean up the mess if the tree falls, its the tree owners issue. And his insurance will be hit, not the neighbors. Just because the tree hits a public utility doesn't mean liability disappears.

 

[BlueRidgeMark]

yes, i am acknowleging the tree is a potential hazard, but so has the town. they are just as aware as i am. .

The difference is this: YOU own it. They don't.