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Old 10-19-2010, 07:06 AM
 
Location: Sarasota
462 posts, read 1,681,008 times
Reputation: 156

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Last night I heard a very loud noise that sounded like wood scraping and then there was a super loud crash and I knew instantly it was one of the huge dead trees from the property directly behind me came down. There are (were) two huge dead Australian Pine trees out there that have always made me nervous as they are so big and close to my house so if either of them came down, they had the potential of taking out my house with them. The owner certainly knows they are there but since they are such huge trees and it's expensive to hire someone to cut them down, there they stood. Well at least until last night when the smaller of the two came down in a crash taking out the electrical line, TV, phone, internet etc. with it.

After calling 911 the fire dept was there super fast just in time to see the transformer blow up and sparks flying everywhere. The tree coming down with the wires caused the utility pole to break in half pulling all kinds of things with it. So, FPL was in the back yard most of the night with chain saws freeing up their lines and sort of putting things back up. Everything still appears to be practically on the ground although my phone and internet are back up and running again.

There is still one even bigger dead tree out there left to fall and I'm quite certain it will fall, it's just a matter of when. Is there anything that can be done to force the owner to do something about that tree before it falls on my house? This time I was lucky but I've already had to deal with huge branches that have fallen into my yard and onto my fence that were so big and heavy I needed a chain saw to hack them into smaller pieces just to move. Anyone know the laws pertaining to this issue for around here? My understanding is once the stuff falls into your yard, it becomes yours. True?

I really don't want that other tree landing on my roof.
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Old 10-19-2010, 04:51 PM
 
Location: Sarasota
462 posts, read 1,681,008 times
Reputation: 156
Well I spoke with the owner of the dead trees and he says he is going to deal with it soon and get the other tree removed. I hope he is right about that as well as cutting the grass behind the house which is an empty lot and un-mowed all summer long. I really don't know what happens if a tree from his yard falls on my house; is he not responsible for anything or how does that work? No one knows or just don't want to respond?

FPL did a stellar job getting the new pole replaced and the power back up today. They were here all day and finished around 4 pm but they did a good job. Too bad the same can't be said for Verizon and Comcast who's service lines are still on the ground! Comcast says they will get someone out here on the 26th! Really? A week from now? Verizon is supposed to get out here tomorrow.
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Old 10-19-2010, 05:21 PM
 
Location: West Coast of Florida
1,439 posts, read 2,875,280 times
Reputation: 2176
No idea on who's liable for a falling tree. As far as Comcast scheduled for next week...no surprise there. I think they don't hire enough service people or something.
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Old 10-19-2010, 06:06 PM
 
Location: englewood
1,580 posts, read 3,088,658 times
Reputation: 772
i do not know the local codes here but i bet you can get an answer from sarasota county code enforcement. i have had some contact with building and code here and find them much more informing and competent than what i left up north. make the call and ask the questions and you might be surprised what you can get answered. once you know what the guy needs to do you can approach him and give him a chance to make it right before you turn him in. especially if it is a matter of safety.

while you are at it call verizon and see how fast they can get there. we switched and find it much better than comcast.
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Old 10-20-2010, 07:04 AM
 
Location: Sarasota
462 posts, read 1,681,008 times
Reputation: 156
Well I took your advise and called the county code enforcement office and was told the county has no jurisdiction over trees whatsoever and it is a civil matter between us. So the county will make him mow his lawn but if his tree falls on my house oh well....I'm a bit shocked and amazed at the lack of concern as I'm sure this is a very common problem around here. (all the dead trees I mean) One guy did recommend I send the property owner a certified letter so I have a paper trail proving I notified him of the hazardous tree and when, so I can prove it later if need be. I really don't want to make enemies with my new neighbors and even though I do believe he would like to do something about it, and I know he has the funds to do it too, I think he is rather lazy about the whole thing and would rather not be bothered. So, do I send the letter and hope for the best or give him time to comply and hope the tree doesn't fall in the meantime? Ugh!
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Old 10-20-2010, 11:03 AM
 
Location: Marion, IN
8,189 posts, read 30,884,803 times
Reputation: 7332
If he has been the property owner for less than 30 days send the letter. If he has been the property owner for longer file the suit. He knows about the problem, make him do something about it.
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Old 10-20-2010, 04:52 PM
 
36,953 posts, read 58,289,865 times
Reputation: 24804
Will FPL charge him for the damage his dead tree caused them?

--having a crew come out at night, having to replace the wiring and put up a new pole--that is not cheap
it was HIS negligence that caused the damage--
it is not like there was hurricane or someone's car hit the tree and caused it to fall and damage the lines...
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Old 10-20-2010, 05:05 PM
 
Location: Sarasota
462 posts, read 1,681,008 times
Reputation: 156
No, amazingly enough, he seems to be off the hook for the whole thing. FPL even left a note on my neighbor's door saying they would return to remove the remaining tree mess and that they were unable to remove it yesterday.
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Old 10-20-2010, 05:12 PM
 
17,283 posts, read 38,063,818 times
Reputation: 23640
Quote:
Originally Posted by ladyflyfsh View Post
Well I spoke with the owner of the dead trees and he says he is going to deal with it soon and get the other tree removed. I hope he is right about that as well as cutting the grass behind the house which is an empty lot and un-mowed all summer long. I really don't know what happens if a tree from his yard falls on my house; is he not responsible for anything or how does that work? No one knows or just don't want to respond?

FPL did a stellar job getting the new pole replaced and the power back up today. They were here all day and finished around 4 pm but they did a good job. Too bad the same can't be said for Verizon and Comcast who's service lines are still on the ground! Comcast says they will get someone out here on the 26th! Really? A week from now? Verizon is supposed to get out here tomorrow.
Well, you said you talked to him and he said he would take care of it, so why not give him a chance to do it before you start sending threatening letters? You might just alienate him and he won't do anything. You get more flies with honey than vinegar..... just sayin....
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Old 10-22-2010, 06:20 AM
 
Location: Florida
531 posts, read 1,139,814 times
Reputation: 127
Lady, I used to work for the electric company up here before retiring 2 years ago, and I'd suggest notifying FPL to explain the damage caused by the tree that just fell down, and see if they'll either take the other tree down, or cut it to a point that if it falls, that it won't hit or damage your house. It's worth a try! Good luck! Jim
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