WWYD neighbor's tree

[Deleted]

We live next door to an old farm house. The owner is MIA. He rents it out and doesn't keep it up. They have 3 150 + year old trees. A few years ago a limb fell and barely (I mean barely) missed my DH's car. I have called our city to complain about the trees as well as the upkeep of the house. The city is saying not my problem. We had a tree service out to look at our trees and they immediately said our neighbors trees are a huge safety issue. One of my other neighbors (who it also affects) called and complained to the city. The city said they would have urban forestry come look at the tree. My neighbor called urban forestry for an update and they say all the trees are healthy. He countered that a tree service who our city used disagreed and they said "huh?" My neighbor also sent the owner a certified letter and it was returned. This tree has a gaping hole at the bottom and also where a limb fell. It also is leaning at least 25 degrees. What would your next step be? The tree is huge and the tree service told us that it will fall on the farmhouse eventually. 😡😡😡 Advice?

[sacattack]

So is there a safety issue with you? If not, I would MYOB.

If there is, I would continue to try and locate the owner, maybe via the renter?

As a last resort, I would engage a lawyer.

[Deleted]

Um yeah it's a safety issue. The tree service said a limb(the limbs on this tree are like the size of a tree trunk already) could fall on my home.

[dottyblue]

Feb 9, 2017 13:30:05 GMT -5 @cocoa said:

Um yeah it's a safety issue. The tree service said a limb(the limbs on this tree are like the size of a tree trunk already) could fall on my home.

In that case, I would definitely speak with the renters to get the owner's contact information.  I would consult your homeowner's insurance on who would be liable in the event his tree falls on your house and how they would suggest you proceed.  They will likely want you to contact the owner to inform him of his liability (if any, probably depends on state laws), and they may contact him themselves.  They will want to make sure they aren't out $$ in the event his uncared-for tree drops on your house.

I wouldn't let this go.
Save

[cmeon]

Did your tree service include a certified/trained arborist? Did they provide a written statement?

[mrs.jacinthe]

I'd get a certified arborist to write a report on the condition of the trees. Then find out from the neighbors where to send it and send that, plus a letter indicating your concerns. I'd send certified copies of the letter to the city and your insurance agent, as well. CYA.

[simpsongal]

If it's that much concern I would probably pay to have the limbs hanging over the property line cut off.

[TBM]

Feb 9, 2017 15:00:59 GMT -5 mrs.jacinthe said:

I'd get a certified arborist to write a report on the condition of the trees. Then find out from the neighbors where to send it and send that, plus a letter indicating your concerns. I'd send certified copies of the letter to the city and your insurance agent, as well. CYA.

This, but send photos too.   We had a non tree related problem with a neighbor at our old house, and the city wasn't really interested until they saw the photos.

[Deleted]

Feb 9, 2017 15:00:59 GMT -5 mrs.jacinthe said:

I'd get a certified arborist to write a report on the condition of the trees. Then find out from the neighbors where to send it and send that, plus a letter indicating your concerns. I'd send certified copies of the letter to the city and your insurance agent, as well. CYA.

I believe my neighbor did this or was going to. We had the tree service out for both our yards and he's the one who dealt with him. To cut the limb was going to cost us $1,000.

[TBM]

Feb 9, 2017 13:51:12 GMT -5 dottyblue said:

Feb 9, 2017 13:30:05 GMT -5 @cocoa said:

Um yeah it's a safety issue. The tree service said a limb(the limbs on this tree are like the size of a tree trunk already) could fall on my home.

In that case, I would definitely speak with the renters to get the owner's contact information.  I would consult your homeowner's insurance on who would be liable in the event his tree falls on your house and how they would suggest you proceed.  They will likely want you to contact the owner to inform him of his liability (if any, probably depends on state laws), and they may contact him themselves.  They will want to make sure they aren't out $$ in the event his uncared-for tree drops on your house.

I wouldn't let this go.
Save

In our area, if the limbs are hanging over your property it is your responsibility to trim them, not the neighbor with the tree. We try to have our tree guy trim branches that hang over the neighbor's driveway and house, but we've been told that by law it isn't our responsibility. We thought that was crazy, but it turned out to be true, although someone said that if the tree is known to be diseased or dead by the owner before it does damage, there is some legal standing for a lawsuit....I just don't know if that is true.

We did have one branch land on the neighbor's roof during a storm, right after they settled a lawsuit with their tree guy for damaging their roof and had gotten it repaired. They were surprised to find out that they had to call their insurance, but it was considered an 'act of nature', and our tree had been well maintained, so it wasn't our responsibility.

[cmeon]

YOU have a problem, so take action yourself. It's a good idea for everyone affected to report neighborhood problems- volume matters when you want to get city/county workers involved.

"Tree services" are a dime a dozen, and unless they employ an arborist- often know no more than any other guy off the street about a tree's health. Have an arborist come out and assess the situation, make a report. You need make strong attempts to contact the owner- try your property tax office for an address.

You are legally allowed to trim branches that encroach into your yard in my area, but, if I was worried about the health of the tree (and possible lawsuits) I would hold off if possible. If the owner ignores you after several attempts to contact him, you might have to take legal action to have him remove the trees.

Proving that someone knew (or reasonably should have known) that their tree(s) were dead/diseased before they fell can be tough- document everything, and really, GET a good arborist (a different one, if your neighbor already hired one)- you want plenty of expert testimony in case it does fall on your property (since it's generally your responsibility at that point).

[dottyblue]

Feb 9, 2017 17:57:06 GMT -5 TBM said:

Feb 9, 2017 13:51:12 GMT -5 dottyblue said:

In that case, I would definitely speak with the renters to get the owner's contact information.  I would consult your homeowner's insurance on who would be liable in the event his tree falls on your house and how they would suggest you proceed.  They will likely want you to contact the owner to inform him of his liability (if any, probably depends on state laws), and they may contact him themselves.  They will want to make sure they aren't out $$ in the event his uncared-for tree drops on your house.

I wouldn't let this go.
Save

In our area, if the limbs are hanging over your property it is your responsibility to trim them, not the neighbor with the tree. We try to have our tree guy trim branches that hang over the neighbor's driveway and house, but we've been told that by law it isn't our responsibility. We thought that was crazy, but it turned out to be true, although someone said that if the tree is known to be diseased or dead by the owner before it does damage, there is some legal standing for a lawsuit....I just don't know if that is true.

We did have one branch land on the neighbor's roof during a storm, right after they settled a lawsuit with their tree guy for damaging their roof and had gotten it repaired. They were surprised to find out that they had to call their insurance, but it was considered an 'act of nature', and our tree had been well maintained, so it wasn't our responsibility.

This is exactly why I suggested that the OP contact her homeowner's insurance.  In my area, I can't touch a tree that is planted in my neighbor's yard.  We just took down some trees this past summer that were a threat to my neighbor's property, even though they weren't a threat to my own home; if they had fallen and damaged the neighbor's house, we would have been liable.  And my neighbor couldn't do anything pre-emptive about it (legally).

Her insurance company should know the liability rules for her area and could advise her, or point her to a lawyer who could give her an appropriate answer.

[simpsongal]

TBM, I think you're right on the law in most jurisdictions. dottyblue, I don't think that's the norm but your area may be an exception.

@cocoa, I know it's not the answer you want, but you may have to pay to trim the branches that hang over the property line. Ditto the recommendation to consult your homeowners, a local attorney, or perhaps the town will advise on your rights to trim the tree (most jurisdictions you can as long as the branches are over the property line

I'm sorry your dealing with this - I hate having lazy neighbors.

[Deleted]

None of the branches hanging on our property line. The tree is HUGE! If it falls there our limbs that may fall and hit our driveway/carport. My other neighbor (not the one who owns the property), who I trust is the one who hired the tree service and it was an arborist that said it was a safety concern. Gah! I'll talk to my good neighbor 😂 and come up with a plan and go talk to the renters and see if they are concerned at all, or if the owner is.

[treedimensional]

Feb 10, 2017 10:13:18 GMT -5 dottyblue said:

Feb 9, 2017 17:57:06 GMT -5 TBM said:

In our area, if the limbs are hanging over your property it is your responsibility to trim them, not the neighbor with the tree. We try to have our tree guy trim branches that hang over the neighbor's driveway and house, but we've been told that by law it isn't our responsibility. We thought that was crazy, but it turned out to be true, although someone said that if the tree is known to be diseased or dead by the owner before it does damage, there is some legal standing for a lawsuit....I just don't know if that is true.

We did have one branch land on the neighbor's roof during a storm, right after they settled a lawsuit with their tree guy for damaging their roof and had gotten it repaired. They were surprised to find out that they had to call their insurance, but it was considered an 'act of nature', and our tree had been well maintained, so it wasn't our responsibility.

This is exactly why I suggested that the OP contact her homeowner's insurance.  In my area, I can't touch a tree that is planted in my neighbor's yard.  We just took down some trees this past summer that were a threat to my neighbor's property, even though they weren't a threat to my own home; if they had fallen and damaged the neighbor's house, we would have been liable.  And my neighbor couldn't do anything pre-emptive about it (legally).

Her insurance company should know the liability rules for her area and could advise her, or point her to a lawyer who could give her an appropriate answer.

Where do you live? This is very rare.
MOST municipalities absolve you of wrongdoing if you cut to the property line. And I have never seen a layman-homeowner be held liable for a tree failure, it's considered an Act of God. The notable exception is trees where the owner knew in advance that the tree was dangerous (as in this case).  So you can legally have the branch removed, or your insurance company can sue the tree's owner to recover the damages to your property after the tree (or limb) fails.

[treedimensional]

I also must emphasize that your "arborist" is not necessarily an expert. For forensic purposes, you should only hire an ISA Certified Arborist (the term is a Registered Trademark and is always capitalized) who also is ISA Tree Risk Assessment Qualified (or TRAQ, also a trademark). Your written report will be all but worthless without these two things.

[tillie]

I'd still try to get a hold of the owner. We had the same concerns about 2 of our neighbor's trees. They let us have them cut down. Granted, it's not cheap but worth the peace of mind.

[ohyouknow]

I think someone mentioned it but definitely check out county property tax records for an owners address. Someone is paying taxes on the property.

[treedimensional]

Feb 10, 2017 21:05:41 GMT -5 @cocoa said:

None of the branches hanging on our property line. The tree is HUGE! If it falls there our limbs that may fall and hit our driveway/carport. My other neighbor (not the one who owns the property), who I trust is the one who hired the tree service and it was an arborist that said it was a safety concern. Gah! I'll talk to my good neighbor 😂 and come up with a plan and go talk to the renters and see if they are concerned at all, or if the owner is.

If there is nothing overhanging your property line, and the only target is your driveway or carport, the tree's risk potential is probably not as high as you think.

[dottyblue]

Feb 11, 2017 13:52:16 GMT -5 treedimensional said:

Feb 10, 2017 10:13:18 GMT -5 dottyblue said:

This is exactly why I suggested that the OP contact her homeowner's insurance.  In my area, I can't touch a tree that is planted in my neighbor's yard.  We just took down some trees this past summer that were a threat to my neighbor's property, even though they weren't a threat to my own home; if they had fallen and damaged the neighbor's house, we would have been liable.  And my neighbor couldn't do anything pre-emptive about it (legally).

Her insurance company should know the liability rules for her area and could advise her, or point her to a lawyer who could give her an appropriate answer.

Where do you live? This is very rare.
MOST municipalities absolve you of wrongdoing if you cut to the property line. And I have never seen a layman-homeowner be held liable for a tree failure, it's considered an Act of God. The notable exception is trees where the owner knew in advance that the tree was dangerous (as in this case).  So you can legally have the branch removed, or your insurance company can sue the tree's owner to recover the damages to your property after the tree (or limb) fails.

Interesting.  I'm in western CT, and like OP, the trees I removed were huge (50-60 ft) with thick trunks.  They couldn't be accessed from neighbor's yard, but the direction two of them were leaning, they would have damaged the neighbor's shed and/or pool when they fell.  The trees were completely dead and actively dropping branches in the small wooded area between our yards.  Neighbor spoke with us and sent us a letter about the danger of the trees (we had already consulted an arborist), and I believe we would have been liable after that?  Who knows.

On the plus side, after having 7 trees cut down from the edge of our woods, I have a HUGE firewood pile of lovely ash and cherry wood.

[treedimensional]

You could be found liable based on 2 things: the letter from your neighbor and the fact that you hired an arborist. So you're no longer a layperson, you knew the tree posed some type of danger, court would likely not absolve you.