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

[Anonymous]

Anonymous wrote:

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.

Incorrect. People should really refrain from responding when they do not know how this actually works.

[Anonymous]

Op, your neighbor sounds worried about the tree and would also like to get a better deal on tree removal. It's a win win situation if you have enough money to get the tree removed. If not, just tell him. But, you have been put on notice the tree is dying, if your neighbor is smart they will document the trees condition.

I would budget money to have it taken care of when you can.

[Anonymous]

There are so many stupid responses on this thread. OP, this is what you need to do.

1. Get an independent arborist to assess if it is dead and give you a quote for removal, if it is. No cost to you. If it isn't dying, document what he said in an email to him. He may be willing to write it out but since it is a free quote, he might not - you want to document it either way. (example: "Thanks for your visit, I just want to confirm the XYZ tree we looked at does not appear to be dead.")

2. If it IS dead, then you'd be best to take it down. Depending on size, power lines, complexity to get to, etc, you should be able to get this done for under $350. You don't need the stump ground.

3. If you truly can't afford it, you can stake the tree so if it does come down, it comes towards your property/away from his. You need to make sure to take off any limbs towards his property as well, but assuming they aren't massive, you can probably do that with a tool you can rent from Home Depot. Let's call the cost on this $50 to stake it and rent the tool for a day. You must be able to afford that.

4. If you want to be ultra safe, you should document your actions in a certified letter to your neighbor. I personally wouldn't' do this, because if something does happen, you have documentation you can pull out. It sounds like the neighbor was trying to be friendly about it, and turning to certified mail is very legalistic. But make sure you have the documentation for yourself, and just tell him verbally the resolution.

[Anonymous]

You can afford it, you just don't want to.

[Anonymous]

Anonymous wrote:

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.

You're not a lawyer, are you?

[Anonymous]

Anonymous wrote:

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.

Yup. And it could work either way. Which is why OP needs to not engage. OP, take lots of pics and document if the neighbor harasses you.

[Anonymous]

Anonymous wrote:

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.

Not entirely incorrect. And you, other PP, are most definitely are not an attorney.

[Anonymous]

Anonymous wrote:Op, your neighbor sounds worried about the tree and would also like to get a better deal on tree removal. It's a win win situation if you have enough money to get the tree removed. If not, just tell him. But, you have been put on notice the tree is dying, if your neighbor is smart they will document the trees condition.

I would budget money to have it taken care of when you can.

This is a reasonable response. But don't expect cooperation if you come forward with ridiculous claims.

[Anonymous]

Anonymous wrote:You can afford it, you just don't want to.

So you keep saying.

[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.

WRONG
WRONG
WRONG
WRONG AS HELL

Wow, anger issues?? Lets be helpful and tell us why this is wrong wrong wrong. If a limb from a tree on neighbor's property is overhanging your property, falls and damages your tangible property - garage, fence, swing set, roof, then your insurance, as the homeowner, covers this. If you notify neighbor and they do not remove the limb, then you are within your right to do so. It is "on" your property. Most reasonable neighbors will split the cost. But as we know, not everyone is reasonable.

If there is a dead tree adjacent to your property, insurance companies will suggest you write a letter to the neighbor, making them aware of the potential liability, and give them the opportunity to handle it. It really depends on the state, but in many states you can be liable if you are notified of a dead/damaged tree and fail to take action. Ultimately, the policy of the homeowner with the damage will be primary, but they may subrogate to get damages paid by neighbor's policy.

To be safe, check with your own company to see how they recommend handling the situation and also your town to see if there are laws on the books.

[Anonymous]

Anonymous wrote:Last night I was cleaning up dinner and my neighbor rang my bell. Apparently, he had some tree removal company come out and give him an estimate and he wanted to let me know that I have a dead tree in my yard. He then said, let's get them removed and see if we can get a better price.
We have a large lot with many trees and honestly the tree he is wanting me to remove is really far back and wouldn't even be on our radar. I think bc he decided to put up a swing set on the property line he is concerned.
We are expecting and tree removal is NOT in our budget right now. Even if it were, I really doubt that of the trees I would want trimmed or removed, this one would be very low on my list.
What would you do?

OP, your neighbor telling you that the tree is dead does not make it so.

[Anonymous]

Most of the trees in the DC area are weak trees. Most new development will clear cut and plant better trees.

[Anonymous]

10 years ago we moved to a heavily wooded lot and had many "tree experts' come out to give their opinions. One tree, which they said was "dead" and needed to be removed right away still standing, still putting out leaves, with stood all the storms wind, snow drought and everything else that has happened since 2006. They all had elaborate ways of telling em this tree was just a goner, drilling, tapping looking at the leaves etc ect. Some tress live to be hundreds of years old. So I would be wary of unsolicited opinions.

[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.

A tree being covered in ivy doesn't mean it's dead. Not even close.

[Anonymous]

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.

Yes, UNLESS the owner of the tree has notice that the tree is a hazard and didn't do anything about it. Then it's the owner's responsibility (and I suspect that the owner's insurance would refuse to pay).