"Why am I in this handbasket and where are we going?"  Blue_Oval_Baby
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Über Master Debater
7898 points
44/F/Overrun By Cats, Colorado
Join Date: Apr 2008 |
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My neighbor has a very large (a good 15 ft. taller than my house), very dead tree on his property. It's just on his side of the fenceline. Last night, we had a fierce storm with 70 mph. winds. Big chunks of his tree were breaking off and hitting our house. If the tree were to ever fall, it would ruin my house. It's too close to his house to fall on it, and the entire tree has started leaning towards our house.
I have mentioned on past occasions that he needs to remove it, but he keeps telling me it's OUR tree!!! When I asked him how he came to that conclusion, he said the tree leans onto our property, therefore, it's ours. ??? He said he's have it removed if we paid half of the removal costs! The real irony is, he works (on occasion) for a tree removal company! I'm sure they would do it cheaply if he asked.
I called the City, who said they could remove it, but don't like to mess with trees on private property if they don't have to. They charge the homeowners for removal, and they have a hard time collecting. I explained that the neighbor wasn't being cooperative, and I didn't see any other option.
I kind of feel like a bitch. Plus, I just noticed a mama bird has her babies in a hole up high, and I don't want them killed.  | |
Wingsy
Monk
31440 points | | You're not a bitch. He's a dick! |
plebian_angel
Monk
32665 points | | That sucks about a nest being in the tree. That makes it harder to have it cut down, even though it needs to be. |
40isnotsobad
Debater
7126 points | | What the hell is wrong with that guy that a tree on his side of the fence is yours? Man, I feel you for on this...even with insurance, if that tree falls on your house it will not be good...what a jerk! |
floydgirrl
Ogler
29781 points | Tell the city to remove the tree then put him on the ship of no return. What an Ass. Or have the city document that it IS his tree so you will not pay for it, but if it falls on your house, you will sue his sorry ass!  |
mark_is_god
Ogler
21070 points | its fair that he wants you too help pay.
why should he have to pay it all, when you're the one who wants the tree removed. |
jonnythan
Twinky
97464 points | You should get a tree removal service or arborist to come out and provide an estimate for removal, as well as provide confirmation that the tree is dead and potentially dangerous. Provide the city with this paperwork.
The key here is a paper trail. If that tree, or part of it, falls and damages something or hurts someone on your property, you might well be screwed if you don't have a paper trail. |
jonnythan
Twinky
97464 points | mark_is_god said:
its fair that he wants you too help pay.
why should he have to pay it all, when you're the one who wants the tree removed.
Because it's his tree.
If the tree is on his property, he's fully and solely responsible for it and any damage it may cause.
She doesn't want the tree gone because she just doesn't like it. She wants it gone because it presents a danger to her life and property. |
mark_is_god
Ogler
21070 points | then she should be more willing to co operate.
if she wants the tree gone, then she should help pay.
he doesn;t have too do anything, unless the city decides that he has too, due too safety or something else. |
jonnythan
Twinky
97464 points | mark_is_god said:
then she should be more willing to co operate.
if she wants the tree gone, then she should help pay.
he doesn;t have too do anything, unless the city decides that he has too, due too safety or something else.
Sorry. You are totally wrong. He is legally on the hook for the trees on his property. He is legally responsible for removing, at his own expense, trees on his property that present a danger to anyone else or their property.
If he does nothing about the tree, and it does fall and damage something or hurt someone, he is also legally responsible for all of the damages incurred.
The neighbor or neighbors threatened by a dangerous tree on a neighbors property are not in any way responsible for the tree's removal or any damages incurred by the tree.
Things get complicated when the tree's owner can claim ignorance and say he didn't know the tree was dead. This is why it's an excellent idea to get an arborist to provide the neighbor written confirmation that the tree is dead. |
Blue_Oval_Baby
Über Master Debater
7898 points | The City says it is dead, and has to be removed, no question. They said it should have been removed long ago, because it could fall at any time, and is clearly a dnager to life and property. The problem now is, they are balking at doing the removal. However, thay can cite him if he doesn't have it removed, now that they've notified him that it has to be done.
As far as me wanting it removed... HE actually brought it up last year. He said it needed to be removed, it was my tree, but he would be willing to pay half to have it removed. I told him at that time thet yes, it did need to be removed, but it was on his property, and was his responsibility. If he hadn't have been somewhat confrontational about it, I would have split the costs.
When I spoke with him about it again today, he still says it's my tree. The City told him it's his tree, and his responsibility, but he keeps saying that since it leans over my property, it's my tree.
Did I mention my neighbor is a bit "different"?  |
mark_is_god
Ogler
21070 points | jonnythan said:
Sorry. You are totally wrong. He is legally on the hook for the trees on his property. He is legally responsible for removing, at his own expense, trees on his property that present a danger to anyone else or their property.
i know.
"he doesn;t have too do anything, unless the city decides that he has too, due too safety or something else." |
mark_is_god
Ogler
21070 points | blue_oval_baby said: The City says it is dead, and has to be removed, no question. They said it should have been removed long ago, because it could fall at any time, and is clearly a dnager to life and property. The problem now is, they are balking at doing the removal. However, thay can cite him if he doesn't have it removed, now that they've notified him that it has to be done.
As far as me wanting it removed... HE actually brought it up last year. He said it needed to be removed, it was my tree, but he would be willing to pay half to have it removed. I told him at that time thet yes, it did need to be removed, but it was on his property, and was his responsibility. If he hadn't have been somewhat confrontational about it, I would have split the costs.
When I spoke with him about it again today, he still says it's my tree. The City told him it's his tree, and his responsibility, but he keeps saying that since it leans over my property, it's my tree.
Did I mention my neighbor is a bit "different"?
then you should differently make him remove the tree, even if it resorts to legal means.
and you shouldn't have too pay, as that was based on the assumption that the tree wasn't dangerous. |
plebian_angel
Monk
32665 points | | BOB, good luck. I hate dealing with difficult neighbors. |
jistolme
Über-Meister
1626 points | | Like Johnnythan said, a paper trail is your best bet. Did the city give you anything in writing? If not I would ask for something, make a copy and even though you live next door I would send it "certified signed receipt", this way you have proof that he was made aware of the condition of the tree should it happen to fall and damage your property. |
Blue_Oval_Baby
Über Master Debater
7898 points | | The paper trail suggestion is a good one. I didn't get anything from the City, but will see what I can do about that tomorrow. Thanks! |
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Stoopid People And Their Dead Trees!!!
