Neighbor told me that I have a dead tree and wants it cut down

[Anonymous]

Anonymous wrote:Bottom Line: OP can't afford to remove the tree; therefore, she wont. She doesn't understand what it means to be a responsible home owner.

She could afford it she just doesn't want to.
I hope she affords an umbrella/liability policy though they probably don't support willful negligence.

I wonder if said neighbor can call the other neighbor's insurance company and have a chat?
Don't they list the property insurance company in the public tax records that are online? See what the insurance company thinks of the risks.
If they can tell you you can't have a certain breed of dog or a trampoline they can probably refuse to insure your property with big dead trees on it...

[Anonymous]

Anonymous wrote:

Anonymous wrote:Bottom Line: OP can't afford to remove the tree; therefore, she wont. She doesn't understand what it means to be a responsible home owner.

She could afford it she just doesn't want to.
I hope she affords an umbrella/liability policy though they probably don't support willful negligence.

I wonder if said neighbor can call the other neighbor's insurance company and have a chat?
Don't they list the property insurance company in the public tax records that are online? See what the insurance company thinks of the risks.
If they can tell you you can't have a certain breed of dog or a trampoline they can probably refuse to insure your property with big dead trees on it...

Ugh, you are kind of reaching.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Bottom Line: OP can't afford to remove the tree; therefore, she wont. She doesn't understand what it means to be a responsible home owner.

She could afford it she just doesn't want to.
I hope she affords an umbrella/liability policy though they probably don't support willful negligence.

I wonder if said neighbor can call the other neighbor's insurance company and have a chat?
Don't they list the property insurance company in the public tax records that are online? See what the insurance company thinks of the risks.
If they can tell you you can't have a certain breed of dog or a trampoline they can probably refuse to insure your property with big dead trees on it...

Ugh, you are kind of reaching.

+1

Hope the crazy neighbor has a good lawyer who specializes (key word here - NOT a neighborhood lawyer) in that kind of litigation - because the insurance company is going to laugh hard, then hang up on crazy neighbor.

[Anonymous]

If you feel comfortable with your children playing under it tell the neighbor thanks but you aren't interested.

If you wouldn't feel comfortable with your children under it, I'd shoulder the cost (or happily share) or even pay the hole damn thing if it was on a neighbours property in order to keep us safe. Been there, done that, several times. Safety is most important.

Re: if it's dead or not: is it covered in ivy or have dead limbs, or woodpeckers active on it or do any limbs fall during storms? If so, seriously, stop. It's dead. No need to feel for a pulse.

[Anonymous]

OMG this thread has attracted a large number of assholes today.

I live on a large wooded lot, just like my neighbors. If some neighbor came over to suggest that some random tree far from either of our houses could be removed at a discount if I use the same tree removal service he uses, I'd be sure to thank him for the suggestion and let it go. He's looking for a discount. There are no mysterious laws at work here. If the tree damages his property, then his insurance will cover it, minus the deductible (which could be huge for all we know). If the tree damages his unused swing set, then he gets to make a claim on it and pocket the money rather than rebuild it.

[Anonymous]

Anonymous wrote:If you feel comfortable with your children playing under it tell the neighbor thanks but you aren't interested.

If you wouldn't feel comfortable with your children under it, I'd shoulder the cost (or happily share) or even pay the hole damn thing if it was on a neighbours property in order to keep us safe. Been there, done that, several times. Safety is most important.

Re: if it's dead or not: is it covered in ivy or have dead limbs, or woodpeckers active on it or do any limbs fall during storms? If so, seriously, stop. It's dead. No need to feel for a pulse.

Same could be said to crazy neighbor, seriously.

OP, if there are vines, just cut them from the bottom, and they will die off. If there are woodpeckers, it is nature, so let it be. Nature happens. Nature and the sky falling is not the same thing, regardless of how the crazy neighbor tries to serve it.

[Anonymous]

Anonymous wrote:OMG this thread has attracted a large number of assholes today.

I live on a large wooded lot, just like my neighbors. If some neighbor came over to suggest that some random tree far from either of our houses could be removed at a discount if I use the same tree removal service he uses, I'd be sure to thank him for the suggestion and let it go. He's looking for a discount. There are no mysterious laws at work here. If the tree damages his property, then his insurance will cover it, minus the deductible (which could be huge for all we know). If the tree damages his unused swing set, then he gets to make a claim on it and pocket the money rather than rebuild it.

+1

Know when to say when. Let it go, OP. You don't need to entertain that neighbor's latest "Chicken Little" Theory!

[Anonymous]

Anonymous wrote:OMG this thread has attracted a large number of assholes today.

I live on a large wooded lot, just like my neighbors. If some neighbor came over to suggest that some random tree far from either of our houses could be removed at a discount if I use the same tree removal service he uses, I'd be sure to thank him for the suggestion and let it go. He's looking for a discount. There are no mysterious laws at work here. If the tree damages his property, then his insurance will cover it, minus the deductible (which could be huge for all we know). If the tree damages his unused swing set, then he gets to make a claim on it and pocket the money rather than rebuild it.

It doesn't necessarily work like that, especially if neighbor gives them provable notice that the tree is dead or dying AND there is proof that the tree is actually dead or dying.
But thanks for giving bad advice

[Anonymous]

We had a situation a few years ago regarding a downed tree.

A neighbor’s tree fell and damaged a fence of ours.
I checked with our insurance. They told me that if the tree was dead/dying AND if we could prove that the neighbor knew the tree was dead/dying, then the neighbor would be liable for the damage. However, if the tree was alive, the damage to our property is our responsibility.

Check with your insurance. If the tree is dead/dying, I would strongly consider removing it to keep everyone safe.

[Anonymous]

Anonymous wrote:We had a situation a few years ago regarding a downed tree.

A neighbor’s tree fell and damaged a fence of ours.
I checked with our insurance. They told me that if the tree was dead/dying AND if we could prove that the neighbor knew the tree was dead/dying, then the neighbor would be liable for the damage. However, if the tree was alive, the damage to our property is our responsibility.

Check with your insurance. If the tree is dead/dying, I would strongly consider removing it to keep everyone safe.

Bottom line: OP, do NOT acknowledge that the tree is dead/dying. Done. Legally, done.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OMG this thread has attracted a large number of assholes today.

I live on a large wooded lot, just like my neighbors. If some neighbor came over to suggest that some random tree far from either of our houses could be removed at a discount if I use the same tree removal service he uses, I'd be sure to thank him for the suggestion and let it go. He's looking for a discount. There are no mysterious laws at work here. If the tree damages his property, then his insurance will cover it, minus the deductible (which could be huge for all we know). If the tree damages his unused swing set, then he gets to make a claim on it and pocket the money rather than rebuild it.

It doesn't necessarily work like that, especially if neighbor gives them provable notice that the tree is dead or dying AND there is proof that the tree is actually dead or dying.
But thanks for giving bad advice

Nope. OP, (legally) has to acknowledge that said tree is dead/dying. Nice try, though.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OMG this thread has attracted a large number of assholes today.

I live on a large wooded lot, just like my neighbors. If some neighbor came over to suggest that some random tree far from either of our houses could be removed at a discount if I use the same tree removal service he uses, I'd be sure to thank him for the suggestion and let it go. He's looking for a discount. There are no mysterious laws at work here. If the tree damages his property, then his insurance will cover it, minus the deductible (which could be huge for all we know). If the tree damages his unused swing set, then he gets to make a claim on it and pocket the money rather than rebuild it.

It doesn't necessarily work like that, especially if neighbor gives them provable notice that the tree is dead or dying AND there is proof that the tree is actually dead or dying.
But thanks for giving bad advice

Nope. OP, (legally) has to acknowledge that said tree is dead/dying. Nice try, though.

AWESOME, I guess when I hit a car from behind, I have to acknowledge it in order for it to be my fault.

[Anonymous]

Anonymous wrote:

Anonymous wrote:We had a situation a few years ago regarding a downed tree.

A neighbor’s tree fell and damaged a fence of ours.
I checked with our insurance. They told me that if the tree was dead/dying AND if we could prove that the neighbor knew the tree was dead/dying, then the neighbor would be liable for the damage. However, if the tree was alive, the damage to our property is our responsibility.

Check with your insurance. If the tree is dead/dying, I would strongly consider removing it to keep everyone safe.

Bottom line: OP, do NOT acknowledge that the tree is dead/dying. Done. Legally, done.

Wrong again. You don't get to willfully ignore. Again, OP should review the laws. There is a ton of case law on this. A ton.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OMG this thread has attracted a large number of assholes today.

I live on a large wooded lot, just like my neighbors. If some neighbor came over to suggest that some random tree far from either of our houses could be removed at a discount if I use the same tree removal service he uses, I'd be sure to thank him for the suggestion and let it go. He's looking for a discount. There are no mysterious laws at work here. If the tree damages his property, then his insurance will cover it, minus the deductible (which could be huge for all we know). If the tree damages his unused swing set, then he gets to make a claim on it and pocket the money rather than rebuild it.

It doesn't necessarily work like that, especially if neighbor gives them provable notice that the tree is dead or dying AND there is proof that the tree is actually dead or dying.
But thanks for giving bad advice

Nope. OP, (legally) has to acknowledge that said tree is dead/dying. Nice try, though.

Incorrect. I pray that you are not a licensed attorney.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Now that you have notice, you will be responsible if it does any damage, so I would get it taken down.

This is your biggest concern right now. If the tree isn't going to cause any damage if it falls, then NBD that it's dead. But if it does fall onto your property or your neighbor's and causes damage, then you're going to incur more costs than just tree removal. Estimates are usually free, so you can probably have someone come look at the tree. And, while it's true that if you do more than one tree at a time you get a discount, not everyone gives you an equally good discount if it's a neighbor's tree and they are dealing with two different property owners.

This is not true. The neighbor's insurance would take care of the neighbor's damage. Look into your insurance. It does not matter where the tree originates. The person with the damage uses their insurance to deal with the damage.

Not once you have notice! It shifts the burden.

Verbal doesn't mean squat, the neighbor would have had to put something in writing.