hold harmless needed if allow neighbor to cut down large tree on my property?

[herringbone]

Unbelievable !!

So not a peep, as I stated in my last post, from the 'neighbors.' since 2/14. I was glad the saga was over.

But Noooo... Monday I receive a text from them asking if they come over later that evening...

I text them in return that I had been relieved that the 'tree(s) matter' had appeared to be dropped. I then say they are perfectly free to cut down any limbs that hang over my side of the property onto theirs, but that as to anything more... I DO NOT give permission to cut down the pine tree or any other tree located on xxx property. Sincere best wishes, XX

Today 6:29, another text from them. 'Respectfully, we have spent time, care and money these past 2 weeks to put together a formal proposal for the removal of the trees on your property....' blah blah.... 'please let us know your decision after reviewing our proposal that we just left in your mailbox.'

If I were EVER inclined to allow anything to proceed, now the answer is a HARD NO.

Their proposal is a contract on their terms. They would 'indemnify' and 'hold harmless' XX(me)from any and all claims, damages, losses and expenses (including reasonable attorneys' fees) to the extent the Claims are proximately cause by a negligent act or omissions of the YY(them), their contractors or subcontractors.

More forms for right of entry and waiver of trespass. Still no general liability for the tree removal service... cause why? Cause they ain't got that policy... Why else? The right of entry/waiver of trespass even has a clause stating no admission of liability for the tree removal service!

I won't bore you guys with more details. The thing that has me scratching my head is how to respond.

Cause I want to say a few choice words at how BADLY they have handled this, etc etc. I want to say some bad words, but of course I won't.

Any suggestions for a text response that emphatically states NO NO NO in a way that they will accept this as Final? I also want to note that I have had the property line/trees filmed and photographed... or is that too much?

I'm struggling with feeling pissed off at them and still, still not wanting us to be enemies....

edit: oh, and they don't want to grind the stumps or do any fence repair... they just wanna cut me a check for 2500 so I can do it myself, if I choose to. Why do they think it is my problem to solve??

Tempted to just text back... Not my circus, not my monkeys... really, I am.

edit: for clarification purposes, what they are proposing means that the onus would be on ME to pursue a lawsuit against them, should anything happen to my property and they don't pay up.

[RaleighSentinel]

They want to cut down YOUR tree on YOUR land. Assuming it is healthy, they need to acquiesce to YOUR terms or pound sand. Good fences make good neighbors and all, but they certainly didn’t start off on the neighborly route. More of “If you give a mouse a cookie…”. Serve them some sweet tea and then bless their hearts to a mutually beneficial deal.

[NCviaMD]

Just tell them you reviewed their proposal and your answer is NO!
Don't give any excuses or any other talking points for them to be able to say anything back.
No is final.

[twingles]

I wouldn't respond at all. Honestly I wouldn't. Any back and forth that continues will make them think it's open for debate. NO. Under any circumstances, NO. They will only get that message when you stop engaging about it.

If they texted me AGAIN, I would say I've already told you my decision. Sorry, but it's final. I thought you only wanted me to respond if I changed my mind, and I have not. I hope you enjoy your new home and the neighborhood as much as I do! Sincerely, herringbone.

DON'T have your say. Not worth it. Write it out and throw it away. It's NOT YOUR PROBLEM they have spent two weeks putting a proposal together. You didn't ask them to do that.

* they made this bed, they can lie in it. If their BUILDER is long time local guy, they will COMPLETELY understand that their SOUTHERN MANNERS should make them BACK OFF NOW.

***What I have learned over the years is that the best first response is NEVER "yes" or anything that can be construed as yes. A flat NO or "I'm not inclined but I'll think about it" sends a clear message RIGHT AWAY. Especially when you're blind sided by a request.

We had multiple requests over the years to do this that and the other thing by neighbors (who have since moved) and my first answer was always "Don't think so". It's MUCH easier to switch from NO to YES than vice versa. This is hard to do when you are a woman, harder when you're a woman alone - but so worth it.

I'm really sorry you're dealing with this STILL. But you paid for YOUR property just like they paid for theirs. Stay strong! You're not wrong here.

[MikeJaquish]

Originally Posted by herringbone

Well since you asked... they have effectively disappeared from my life for a week now- since 2/14.

I called my homeowners' insurance agent -- which I should have done at the beginning-- and described the situation and asked about liability, etc. The agent said the easiest way to explain things were to think of any potential damage done on my property by any contractor as being similar to a car accident where I was rear-ended by another car and that car's driver was 100% responsible for the accident. Why would I ever want to file a claim on my insurance? the logical thing would be to file a claim on that driver's insurance.

He laughed when I mentioned the neighbors' suggestion that I take out a rider for additional insurance... He said as a homeowner and an insurance agent with 20 years in the business that no one would ever step foot on his property to do any major work without a general liability policy and that if it wasn't provided to me that it was either an error or that the tree contractor didn't actually have a general liability policy; and if that info was provided to me at a future time that I should actually call to verify the policy/coverage dates...

I called the neighbor and relayed all of the above, and again asked for the general liability policy, now along with the dates of coverage and said I would call that policy's agent to verify... also needed them to be willing to sign contract assuming liability themselves if necessary.... Neighbor very quiet and didn't say much other than thanking me for the information. That was a week ago today. In the meantime, I have had my photographer/sister come by and film/photograph all along the property line just in case.

Your guess is as good as mine as to what happened to the neighbors and their plans. Not a peep from them in a week. I have already decided that I no longer have confidence in them and will not allow them to take down any trees at all. Feel ok with that decision as I have given them a week to come back to me, and they have not done so... Tomorrow their week is up and I will send them a text telling them thanks but no thanks. Who knows if they will even respond.

That pine tree, until/unless I sell, may go on to have a longer life than the neighbor and I (how long do those things live?). Its' massive trunk is actually two trees that have grown together and then split further up... Nature/storms ain't bringing it down anytime soon. So I will continue to toil in service to the tree, gathering up its' needles and cones and cutting any branches as necessary...

...Wonder if the the neighbors have been busy with their builder redesigning their 'wide' home and its' footprint on the property? Hmmmm.

I'll post if anything new happens, but right now I'm thinking re: the neighbors...

'The gods laugh at those who make plans.'



(and I may be getting old and sentimental but I'm a little relieved not to be responsible for the pine's demise)

My basic response is unchanged, but I think I would add on a clear "No."

Perhaps:

"No, I do not agree with you cutting any trees on my lot at all."

And then:

Originally Posted by MikeJaquish

...
"It's a tough thing to recognize sometimes, but with all the stress this is causing you, and your long list of concerns with the lot, this just may not be a location where you will be happy. I wish you the best in finding a more suitable location for your dream home."

And, not a word more. Just repeat the same thing.

"Never apologize. Never explain." Here that fits. The more you say, the more you give them to work with to belabor the point. Just draw your line at "No..." and call it a day.