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I originally posted this in the real estate forum, but I now think this is better posted in this forum b/c I am asking whether this is common practice in the triangle or not. I have a honking big pine in my back yard that is fully within my property and the neighbors have asked if they could pay to have it removed. I agreed when we talked informally, once, about it. Came home to find a note saying they had scheduled tree removal this wed. I don't want to allow their tree removal company onto my property until/unless the neighbors sign a hold harmless/release from liability form. Also, the tree is so big that a crane will most certainly be needed. I want to make sure that crane is solely on their side of the property. I texted them my concerns about 30 minutes ago, and asked for a phone call. No response yet. What is the 'common practice' for the way such a situation would be handled in the triangle. New situation for me.
Thanks in advance for any ideas, experience provided.
edit: do I need to be present on the day of the removal if I allow it?
I'm not a lawyer and don't handle litigated claims in NC. But I'm curious why you want your neighbors to sign a hold harmless - they aren't doing the work. They would have no negligence should an accident occur. You should be asking who is doing the tree removal and if they are licensed. If they are using a crane, I'd find it hard to believe they aren't.
I'm also curious why you'd deny access to your property and make it harder and more likely for an accident to occur. When my neighbors had a tree taken down, as well as when they repaired our shared fence, the workers were welcome on my property. How do you think they are going to take it down otherwise? You shouldn't have even tacitly agreed to this if you feel that way.
I think you are way, way overthinking this and throwing around terms you don't fully understand and they are probably rubbing their temples right now rather than responding to you.
I do think your neighbor's handling of this is a little odd.
Yeah I don't get this either. Just make sure that the company doing the removal is licensed and insured. Also I think it's odd that you don't want the company on your property. At some point the company doing the removal has to step foot on your property in order to fully remove the tree. Even with a crane someone has to get up in that tree to section it. Personally I'd want them to do whatever is the safest to prevent an accident.
I don't understand why your neighbor wants your tree removed and is having that done.
Sometimes a tree on a neighboring property is a threat to an adjacent property. Sometimes a neighbor is tired of dealing with all the leaves/needles/gum-balls a crap tree drops. The tree could be dead or dying, which could lead to it falling onto an adjacent property. Removing a tree could let additional sunlight onto a neighboring property. There are a lot of reasons. It's not that uncommon. I've personally gotten a neighbor to cut a tree down that was leaning precariously into my property over my fence.
The same can be said for other issues on a smaller scale, like drainage or runoff.
Ok. The neighbors and I had ONCE discussed this very informally when they came knocking at my door a few weeks ago. They have torn down the existing home and are getting ready to build a new McMansion (I looked them up and am aware of their NY background and careers) as they described their architectural plans.
The pine tree is VERY large and has branches which overhang to their side. It is trimmed back on my side so there are no overhanging branches next to my house. They would prefer to just have it gone. I had a quote about 6 years ago for almost 4k. I am assuming it would cost more now. This tree is entirely on my property. Their note, which they left in my mailbox, was very breezy to me.
"Hi XX, just stopping by to give you a thumbs up that our builder will remove the pine on wed. thanks, YY"
Huh? During our previous conversation I said, 'that would probably be ok.' That was the extent of my verbal agreement.
This note does not do it for me. I am not throwing terms around that I don't understand (I'm a NC board certified paralegal). Do 'builders' commonly do very large tree removals around here, or do they contract it out? I don't know, that's why I asked... If they had left me the name of a legit tree removal company with a license that I could verify/workmans' comp... that would have been a different story. I don't think I am wrong to worry about liability as the tree is entirely on my property. As for the crane, yes it will be needed, and no, it cannot be on my property because it will not be able to get thru my entirely fenced-in property without the removal of some of the fencing... no thanks.
I can see now, that 'common practice,' advice, while welcome, isn't really going to provide the answers that I sought by posting. That can only come from the neighbors.
By the way, they did respond to my text: "we will talk to our builder tomorrow and be in touch. thanks!"
I am the one that is rubbing my temples and scratching my head at their nonchalance. That tree doesn't really bother me... the pine needles are annoying and have to be bagged up several times a year... If the tree really bothers them, or offends their aesthetics (which is what this is really about... they are perfectly free to take down the branches that overhang to their side), ok, they can take it down IF their ducks are all in a row, otherwise.. nope.
edit: the tree by the way, is in no way, dying/damaged. It is thriving, and its' growth particularly leans to the neighbor's side bc I've cut it back on mine.
Last edited by herringbone; 02-06-2022 at 06:36 PM..
Sounds like they need to make it worth your while $, and have this hammered out contractually beforehand. If they take the tree without your written permission, and damage anything in the process, you definitely have a civil case (for tree value and damages). If they show up without any of this decided, immediately trespass them. Don’t let entitled transplants push you around.
Well I wrapped up my response with "your neighbors' handling of this is very odd" and I stand by that.
They don't really seem to have a handle on who is doing the tree removal and no builders don't do tree removal.
I would tell them you need the name of the tree removal service that is being used so you can vet them. I would tell them you want a copy of the liability certificate for said company. If the "builder" is going to attempt to take this down himself with "his guys" then I would tell him I need a letter from insurance company along with his certificate of insurance that tree removal is in the scope of his coverage.
I'm not usually a fan of "I'll call my lawyer" but I'd certainly let them know you work for a law firm.
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