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In Florida I am told that if its a live tree and weather conditions cause a neighbors tree to fall and damage something such as my fence on my property then its my responsibility. If the tree is dead and the property owner has not removed it, then it becomes his fault.
I had a neighbor with a dead sand pine in their backyard. It finally came down in a hurricane, luckily it went their way, not mine. Did a lot of damage to their pool enclosure.
Live in the northeast and I know the threat of "widow maker" tree's. I've always trimmed or pulled risky trees as we live in an urban area and the potential damage is not worth the risk. So, I have a neighbor behind me that rents his house and his trees in his backyard have me worried. Their large, maybe 60 to 75 ft. pin oak tree's. We just had a storm come thourgh and I had one of my own trees lose a 40 ft. branch in my yard from a tree I had trimmed this summer and it's fairly young. I turned my attention to my neighbors tress with the storm from last night as the snow with rain combo could have threatened the stability of many trees.
I'm thinking to send a letter documenting the tree's lack of maninenance (visible to the eye are large branches with dangling dead wood as well as dead spots where branches have just fallen. There are also tons of small branches on the lower base of the tree that would point to no maintenance)
as well as document the dead wood and the sheer size of the tree and its' potential to cause terrible damage.
Any input on writing a "nice" letter that is received well so that the neighbor actually wants to act on it and not get a ********* attitude? Thanks.
*****Wanted to add these trees all have brown dried leaves still intact on mostly the lower part of the tree--any idea why this occurred?****
I wouldn't bother with the letter writing thing. Get a big ladder and cut off the portion of these limbs that overhang your property. This is legal. If you cut off any portion that overhangs his property it can get expensive. Know your property line, allow one foot inside your property and cut it off from there. Go up as high as you feel frisky. Also, cut from the longest part of the limb and work your way back toward the trunk.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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First thing to be aware of is that if there is damage to your home from his tree, your insurance pays for it. We had this happen with the neighbor next door and the one behind us. The only way your insurance will try to collect from them, or that you can win a lawsuit, is if you have a certified arborist report. Your letter to the owner will not hold up unless you are qualified to determine the potential hazards. Around here the certified arborist inspection ad report runs about $250. Normally they would not have to trespass on the neighbor's property to evaluate the tree.
If you live in a municipality you might want to contact the Code Enforcement department. Most local governments have dangerous conditions ordinances which cover your situation.
In Florida I am told that if its a live tree and weather conditions cause a neighbors tree to fall and damage something such as my fence on my property then its my responsibility. If the tree is dead and the property owner has not removed it, then it becomes his fault.
I had a neighbor with a dead sand pine in their backyard. It finally came down in a hurricane, luckily it went their way, not mine. Did a lot of damage to their pool enclosure.
The insurance companies really decide and most times it the person who has the damaged. The only case I saw was one that was not insured and the insurnace company pid for a section of the fence only and removal. Otehrwise the insurance company covering the insured property paid.I'd also make sure that tree are covered because other than lightening or falling on insured property they are not likely to cover trees falling unless specfically in the policy. You would be surprised what people found out about their coverage after a storm.
I wouldn't bother with the letter writing thing. Get a big ladder and cut off the portion of these limbs that overhang your property. This is legal. If you cut off any portion that overhangs his property it can get expensive. Know your property line, allow one foot inside your property and cut it off from there. Go up as high as you feel frisky. Also, cut from the longest part of the limb and work your way back toward the trunk.
Some of the branches are well over 50 feet high. Remember this tree has not been maintained....
Have you tried the complaint division of your city? Here we can notify the city on their website with property concerns. Example: One neighbor apparently didn't know they were responsible for snow removal to the street as they were a corner house. I called after falling and they sent a letter to that house stating either they fix it or the city would and bill them for it.
I know it's not the same as an unsafe tree but have you checked to see if your city has such a department?
Consult your city. Consult your insurance company. Take photos. Write respectful letter; send certified by mail keeping a copy.
Don't just get a ladder and start cutting.
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Wish I could do this
