How do I get The Preiss Company to remove their dead tree? (real estate, rental)

[J.L.]

I live next door to a property managed by The Preiss Company. On that property, there is a dead tree that is partially downed and leaning in the branches of an oak tree that is on the corners of our lots. This tree is in bad shape, and it looks to be badly eaten by insects. Obviously, with a dead, insect-eaten tree leaning towards my property, I do not feel safe.

I have called five times to The Preiss Company, but they have only given me empty promises to either send someone to take a look at it, or even give me a call back. I am sick of them lying to me about it, and I would like to have the tree removed.

To add to this, recently another tree in their backyard fell, and landed in another's back yard. So, I'm feeling real good about having dead trees around my house!

I've tried calling the city, but they said they do not deal in tree disputes. How can I get this company to take care of their managed property? If this is something that can only be handled via legal personnel, anyone have any recommendations?

[wheelsup]

Small claims court possibly. I'm not sure if you can sue to have the tree removed or not, might try calling someone at the courthouse. I wouldn't get a lawyer involved, they would cost more than to have the tree removed yourself.

[VickiR]

If a tree falls on YOUR property and does any damage, your homeowner's insurance pays for it. Even if it is a neighbor's tree, YOUR homeowner's insurance covers it.

So...I wonder IF you should contact your homeowner's ins. co. to alert them to the possibity and perhaps they can contact the owners OR if this is not in your best interest? I'm just not sure if your homeowner's company would say that since the tree is dead and it was KNOWN that they won't cover it if it does fall on your property???

Vicki

[chiledog]

Originally Posted by VickiR

If a tree falls on YOUR property and does any damage, your homeowner's insurance pays for it. Even if it is a neighbor's tree, YOUR homeowner's insurance covers it.

So...I wonder IF you should contact your homeowner's ins. co. to alert them to the possibity and perhaps they can contact the owners OR if this is not in your best interest? I'm just not sure if your homeowner's company would say that since the tree is dead and it was KNOWN that they won't cover it if it does fall on your property???

Vicki

Are you sure about this. I was under the impression if a healthy tree with no visual damage falls on your property, the tree "owner" is not responsible. But, if a dead / damaged tree falls, the owner is responsible.

But, I am not a lawyer, so I do not know (but I would like to know). Has anyone ran into this?

[SVTLightning]

I'd give the company one more call, tell them they have x amount of time and at that point you are going to contact the media and have a story done on the lack of response from them. That might get them out there quicker!

[CHTransplant]

Put in in writing.

Vicki is mostly right, but when an owner knows or should know that a tree presents a hazard, the liability generally becomes theirs, rather than the owner of the property onto which it falls.

So put them on notice (in writing), and send a copy to your insurance agent as well.

See this article from Consumer Reports:

http://blogs.consumerreports.org/hom...-disputes.html

[J.L.]

Good idea, I will first let my homeowner's insurance company know about the situation to make sure I'm covered. Perhaps they can help do something about it too.

The way I see it, if anything were to happen, it would clearly be negligence on their part. A partially downed, insect eaten tree is obviously a hazard!

I plan on putting something in writing, and if it comes down to it, small claims court. The problem is a little sticky because it is a rental company who is taking care of the property. I don't really have the owner's information, so I can only write to the rental company. But if it turns out they're not legally responsible, then I'm stuck...

But I wish the Preiss Company would either take responsibility or refer me to the owner instead of just giving me these lies about doing something about it. I'm glad I'm not one of their tenants!

[CHTransplant]

I don't think you can do anything in small claims court until you've actually suffered damages, but I could be wrong.

[saturnfan]

Send your letter Certified Mail with a return receipt.

Keep a copy with the receipt you get when it's delivered

The property owner will have no defense if a problem occurs and they are on formal notice.

[poster]

What saturnfan said ... and try the Wake county tax site for help in finding the owner Real Estate Search Then send them a notice as well.