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I think I know the end result of this, but I'm curious to hear what others' input may be.
There is a large oak tree that sits right on the border of my front yard. I honestly don't know how much of the trunk is in my property, how much is in my neighbor's, and how much may be in a public space dedicated for utilities (if one even exists). Several branches from the tree overhang each of our homes.
My neighbor was informed that his home insurance would not be renewed unless the branches that overhang his house were trimmed. The trimming company representative told both of us that the tree is dying and removing the branches would destabilize some upper branches, and possibly the whole tree, that depend on them for shielding from the wind. He said the whole tree should be removed, but the quote to do so was over $4000, which my neighbor could not afford and I couldn't easily split with him. I left with the impression he was going to talk with his insurance company or seek a different one.
Yesterday a different company showed up and trimmed the tree. They removed approximately 1/3 of it, including an entire "sub trunk" about 4 feet above the ground up, all on my neighbor's side. The tree, once balanced, is now noticeably angled toward my house. To be clear, it's not tilting or anything like that, but an entire side has been removed, leaving only the "sub trunks" that grew toward my property. Considering the previous contractor's warning, I am concerned that a strong wind could cause large branches or even the entire tree to fall on my house because of the trimming done by my neighbor.
I understand why he did what he did, so I'm not super angry with him, but I'm concerned about the fallout and potential cost (long term, or short term) to me of what he did with full knowledge of the danger it posed to my property. Obviously, I can't have him glue the trunk back on or go back in time to try and work out some version of cost splitting, but is there any kind of protection or recourse for something like this either before or after an incident?
Neighbor had every legal right to protect his property by removing what was on his side. Now it's up to you to be responsible and do the same to your side.
If you have oak wilt in the area, there's a good chance that the tree could get infected with the fungus. This was a poor time of the year to create an open wound on an oak tree. Were the wounds at least painted?
If you have oak wilt in the area, there's a good chance that the tree could get infected with the fungus. This was a poor time of the year to create an open wound on an oak tree. Were the wounds at least painted?
Back to OP. As mentioned the neighbor took care of his problem, if it's a shared tree the ball is likely in your court to take care of your side. Local and state laws vary so you need to check yours.
Although, in general, covering tree wounds with a paint or dressing isn't recommended, the Michigan State University Extension still recommends it as a last ditch effort when it comes to oak wilt disease. The preferred option, of course, is simply not to cut or prune an oak tree during the growing season.
"Trees that must be pruned now, for reasons of storm damage or otherwise, should be immediately treated with a tree wound dressing or latex-based paint to seal the wound. It is very important that the fresh wounds be treated immediately because the insects that carry spores of the pathogen are often attracted to these wounds within a very short time. Tree paints are normally not recommended for general use, but using these products in this situation can protect trees from oak wilt."
Neighbor had every legal right to protect his property by removing what was on his side. Now it's up to you to be responsible and do the same to your side.
That's pretty much what I figured, though they did cut far more than just the 2 or so offending branches. Out of curiosity, I have some questions about how far that right extends. What if they cut the tree more than in half, making it teeter with instability; or ripped out all the roots on one side, causing it to topple over without any abnormal events just a couple days later? (obviously if it happened during the actual act of removal there would be liabilities).
Getting it taken care of is the plan. Unfortunately, it'll probably be a while until we can save up the $3-4k to do so. We're stretched pretty thin as it is right now with lots of major life events in the past couple years that all have to be paid for, and only my one income for another year or so.
Quote:
Originally Posted by jackmichigan
If you have oak wilt in the area, there's a good chance that the tree could get infected with the fungus. This was a poor time of the year to create an open wound on an oak tree. Were the wounds at least painted?
Supposedly the tree's being killed by mistle toe. It was not painted.
Last edited by wsamon; 04-20-2017 at 03:16 PM..
Reason: added "plan" part to response of first quote
I think I know the end result of this, but I'm curious to hear what others' input may be.
There is a large oak tree that sits right on the border of my front yard. I honestly don't know how much of the trunk is in my property, how much is in my neighbor's, and how much may be in a public space dedicated for utilities (if one even exists). Several branches from the tree overhang each of our homes.
My neighbor was informed that his home insurance would not be renewed unless the branches that overhang his house were trimmed. The trimming company representative told both of us that the tree is dying and removing the branches would destabilize some upper branches, and possibly the whole tree, that depend on them for shielding from the wind. He said the whole tree should be removed, but the quote to do so was over $4000, which my neighbor could not afford and I couldn't easily split with him. I left with the impression he was going to talk with his insurance company or seek a different one.
Yesterday a different company showed up and trimmed the tree. They removed approximately 1/3 of it, including an entire "sub trunk" about 4 feet above the ground up, all on my neighbor's side. The tree, once balanced, is now noticeably angled toward my house. To be clear, it's not tilting or anything like that, but an entire side has been removed, leaving only the "sub trunks" that grew toward my property. Considering the previous contractor's warning, I am concerned that a strong wind could cause large branches or even the entire tree to fall on my house because of the trimming done by my neighbor.
I understand why he did what he did, so I'm not super angry with him, but I'm concerned about the fallout and potential cost (long term, or short term) to me of what he did with full knowledge of the danger it posed to my property. Obviously, I can't have him glue the trunk back on or go back in time to try and work out some version of cost splitting, but is there any kind of protection or recourse for something like this either before or after an incident?
The question becomes, if, having been warned of the danger by a professional, your neighbor did what he did, has he now placed himself and possibly his insurance company at liability if the tree DOES fall onto and damage your house? You might want to pursue that line of questioning with his or your insurance company.
The question becomes, if, having been warned of the danger by a professional, your neighbor did what he did, has he now placed himself and possibly his insurance company at liability if the tree DOES fall onto and damage your house? You might want to pursue that line of questioning with his or your insurance company.
The question becomes, if, having been warned of the danger by a professional, your neighbor did what he did, has he now placed himself and possibly his insurance company at liability if the tree DOES fall onto and damage your house? You might want to pursue that line of questioning with his or your insurance company.
Essentially that's what my original question was. I don't know if I want to bring that up with my insurance though. They could say he's not liable and then decide they'll drop my coverage if it isn't removed. Then I have to pay immediately for something with money that I don't have. Unfortunately, I don't know who his insurance carrier is, so have no way of contacting them.
As a side note, the tree company he did use was pretty careless when working on a different tree and tore up the cable that was feeding internet to my house causing a significant disruption in my work day and a $50 bill from the cable company (they said I had to fight the tree company to get my money back). So I don't have a ton of confidence in their work.
Well, that was a rotten thing of your neighbor to do. Unless you had told him you could absolutely not do it and he just felt he had to go ahead a protect his house and get his insurance. Still a bad thing for him to do leaving those branches on your side, thereby damaging your home.
I agree with TexasHorseLady. Go check out those roots you are talking about. Did they really get cut into?
So this guy left a tree with obvious branches on your side and not on his. Do you know the company he used...odd they didn't warn him of what could happen.
Also, you now mention $3-4k you will have to spend on it. Yet you had a quote of $4k for the whole tree. What happened there?
At any rate, you might be able to talk the company your neighbor used into coming back shortly after the tree trimming to do your side for a better rate. (No, doesn't make complete sense, not still in the neighborhood, not still set up but sometimes it's a reason they may give you a deal.)
Thing is, now it may be you who has that insurance company problem with the tree leaning your way.
PS Take some good pix for future ref just in case.
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