Tree issue Q

[cory]

We all know that if A's live tree falls into B's property, A is responsible for what is on A's side and B for B's side. And if the tree was dead and A knew it and ignored the issue and it then falls, A is responsible for the entire clean up on both properties plus any damages to B's property.

What happens if A's live tree has a large, leaning leader crack 8' above the ground such that the leader is now leaning into and being supported by B's tree, who is responsible to remove the leader? I presume it is the same as if the leader fell to the ground, B is responsible to remove all of the leader on B's side of property line? But could you argue A's tree is now hazardous and A must remove it before it causes damage?

 

[treebilly]

Not really sure legally. I know as a good neighbor A should take care of it. Also could be a nightmare if A and B don’t get along

 

[cory]

For sure. Crazy the amount of tree issues between neighbors

 

[Kaveman]

A should be responsible and clean up the mess in Bs yard, that has spilled over from his own. But what do I know? I just think taking responsibility is typically a good thing.

 

[CurSedVoyce]

B has to write and document the worries of the hazard to A in our state. If not, the default is the property line and eaches responsibily for their own side. With written and log documentation, the insurance companies lawyers can battle in court.

 

[Burnham]

Seems like this B person has a lot to look out for. I better walk my fence line soon .

 

[CurSedVoyce]

Have a client that got into a shat ton of litigation with his neighbor a while back.
First, he went to the neighbor and told him hos plans for a privacy fence. We prepped the area after he had it surveyed. Dude is super nice and really want to keep friendly with the neighbor.
Neighbor oks the idea. Fence goes in on my clients side. Not right on the line which can creat an owner ship issue over the fence. Real nice, all made of redwood.
Neighbor sues my client. Claims survey incorrect and my client created an erosion issue by changing grade. Wanted a hefty sum of money. All false claims. My client resurveyed the line at his expense, brought in an engineer to check grade that was never changed. They only dug holes to pour concrete into mounting the posts on steel brackets set in the crete.
20,000 some odd dollars later, court finds for my client.
Not a year after, a tree, ponderosa about 24dbh a nd about 100 foot high, I had recommended removed due to its lean toward the fence and neighbor; snapped in 1/2, missed the fence and properly pancaked the neighbors wagoneer.
Now, when I had recommended removing said tree, the neighbor would not grant us access and the two could not come to an agree ment about whose tree, if tree etc.
Well, needless to say, now the survey lines are correct by god! Thats your tree that smashed my jeep. I'm suing!.
Fell on insurance company lawyers. Ended up in court. Act of god. His (nasty neighbor) Homeowners policy denied claim, told him his car insurance. Well I guess he only had it on liability.
Pancake sat for a few years as a testament. He bitched about what it was gonna cost to be towed out and junked.
Gone now, both the car and the idiot bastard.

 

[flushcut]

I have yet to have a customer who wasn’t going to pay for the whole clean up if it crossed lot lines. But in general I steer clear of boarder wars. All parties agree in writing or me no cut nutting.

 

[SeanKroll]

I've always wondered how one proves What they mailed to another person.

How much documentation is needed?

Some people would say they are concerned about every tree on their neighbor's property to protect themself, or if a border war was on.

 

[CurSedVoyce]

Log book suffices with receipts. Copies of documents and letters sent. If you can find their insurance and agent, cc them too.

 

[SeanKroll]

What do you mean by a log book?

What a person had doesn't prove what they sent.

 

[CurSedVoyce]

You log calls and dates. Things said. Etc.
Take pictures of the envelope with address and stamp. Photos can be date and time stamped. Make attempts through certified mail. Make attempts through a hired delivery person. Try to get signatures. But log everything. Goes a long way in court.

 

[flushcut]

Certified mail with signature required.

In general I am the go between as a neutral party so to speak. Sometimes it’s entertaining listening to either side call the other an asshole. Me “ Sounds great now just sign here please”. “Oh that!? It’s just a release holding me harmless because you two children can’t settle your differences”.