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2011-06-21 11:52 AM

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Carrollton, TX
Subject: Neighbors tree fell into our front yard

As a new home owner...not exactly sure what proper protocol is.  We just bought a house in January, and since then, I have seen this neighbor maybe 3 or 4 times.  I think they are out of town a lot.

Last night we had some storms come in with insane winds.  I woke up this morning to find a huge part of our neighbors tree in our front yard.  It's about a 10-15 foot branch, probably 1.5 feet in diameter.  It was about 6 feet from hitting the house.  The tree itself is on his property, and very little of the tree's branches if any come over to our side.  More storms are supposed to come in, and where the branch split still looks very weak and could easily snap and land on his house.

I went over there to see if anyone was home and no one came to the door.  Should I call a company to have them clean it up, and give the neighbor the bill or what should I do?  I'm a little hesitant cause I dont want to stir anything up, but also, a few months ago we were taking our dog for a walk at night and the neighbor came up to say hi.  Our dog was wound up cause we had her ball with us, and when I went up to shake the neighbors hand, our dog bit him on the hand.  It wasn't hard, and I think it was cause our dog thought I was giving the neighbor the ball.  He was very cool about it though, he could have easily made a big deal about it.

Any ideas on what I should do? 



2011-06-21 11:57 AM
in reply to: #3560083

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Champion
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New York, NY
Subject: RE: Neighbors tree fell into our front yard
storm branch I would not give them the bill.  if it had hit your house it would have come under your insurance
2011-06-21 12:02 PM
in reply to: #3560098

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Carrollton, TX
Subject: RE: Neighbors tree fell into our front yard

TriToy - 2011-06-21 11:57 AM storm branch I would not give them the bill.  if it had hit your house it would have come under your insurance

 

So you think I should call the clean up company and pay for it?

What if two clean up companies come (I call one and the neighbor calls one), will the clean up company who doesn't get the business be pissed that they had to come all the way out?  Would they require any type of fee for coming out?

2011-06-21 12:03 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard

Cut it up and put the wood back in their yard.

Or just leave it until they get back and deal with it then.
2011-06-21 12:04 PM
in reply to: #3560112

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Subject: RE: Neighbors tree fell into our front yard

chadtower - 2011-06-21 12:03 PM Cut it up and put the wood back in their yard. Or just leave it until they get back and deal with it then.

2X, this happened at my old house.  Just dragged it over to their yard and let them deal with it.

2011-06-21 12:09 PM
in reply to: #3560083

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Champion
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Richmond, VA
Subject: RE: Neighbors tree fell into our front yard
If a storm caused the damage, that means the homeowner is probably not liable for your clean-up costs - unless the homeowner has actual knowledge of the tree being rotten and did nothing about it.

I don't know the specific law in your area - but generally speaking homeowners are not liable for tree branches that reach over into your yard - you have the right to trim those branches.

Then again, there is a big difference between being right on the law and being "neighborly"....


2011-06-21 12:10 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard

 

Is the tree in any danger of damaging your house?

If there is only a 10-15 foot section in your yard and no threat of damage to your house I would leave it alone.

I for one would not be happy if I was out of town and my neighbor took it upon himself to hire a tree company and then present me with the bill. I would prefer to make my own decisions on how to clean up the mess. In fact I would most likely do it myself to save the money, so I would not be too enthused if you paid someone to do it and then asked me for the money.

Also from a legal standpoint if you were to take it on yourself to pay for the clean up, I am reasonably certain your neighbor would have no legal obligation to pay you back. Moral and ethical obligation? Perhaps. But I don't think the law would fall on your side.

 

2011-06-21 12:11 PM
in reply to: #3560115

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Carrollton, TX
Subject: RE: Neighbors tree fell into our front yard
Wish this had happened closer to the weekend.  Would have no problem cutting it down (an excuse to use a big chain saw).  As for moving it, I think I would damage my lawn trying to drag it across the yard.  Any idea how much I would expect to pay for a clean up company?
2011-06-21 12:13 PM
in reply to: #3560130

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Carrollton, TX
Subject: RE: Neighbors tree fell into our front yard
Aarondb4 - 2011-06-21 12:10 PM

 

Is the tree in any danger of damaging your house?

If there is only a 10-15 foot section in your yard and no threat of damage to your house I would leave it alone.

I for one would not be happy if I was out of town and my neighbor took it upon himself to hire a tree company and then present me with the bill. I would prefer to make my own decisions on how to clean up the mess. In fact I would most likely do it myself to save the money, so I would not be too enthused if you paid someone to do it and then asked me for the money.

Also from a legal standpoint if you were to take it on yourself to pay for the clean up, I am reasonably certain your neighbor would have no legal obligation to pay you back. Moral and ethical obligation? Perhaps. But I don't think the law would fall on your side.

 

 

Yeah, unless he beats me too it, I'm going to go ahead and either pay to clean it up or go rent a chainsaw and cut it myself.  I'll consider it cross training ha.

2011-06-21 12:22 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard
In CT, the property lines extend into the sky. Branches, etc on your side of the line are your responsibility. If the wind put them on that side of the line wouldn't matter.

Basically, I think it's your issue to fix and has nothing to do with the neighbor. If they offer to pay, that would be nice. But I doubt they're obligated to.
2011-06-21 12:26 PM
in reply to: #3560139

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Carrollton, TX
Subject: RE: Neighbors tree fell into our front yard

Property line is pretty much where the shade ends and sun begins.  As mentioned, tree is entirely in their yard, the part that fell just happened to land on my side



Edited by saldana_joel 2011-06-21 12:29 PM


2011-06-21 12:35 PM
in reply to: #3560083

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Extreme Veteran
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W. Michigan
Subject: RE: Neighbors tree fell into our front yard
In my experience, you just got yourself some new firewood to deal with.  The neighbor isn't legally obligated to do anything here.
2011-06-21 12:49 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard

I suggest cleaning up the mess, keeping the wood if you want it and then taking pictures of the tree and property line for future reference.  Should the tree get blown over onto your property or worse onto your house then you have a basiss to file a claim and have your insurance company pursue their company to cover damages and clean-up. 

It could also be worth the time to write a quick letter and mail it to them (they may be out of town and have mail forwarded and/or your schedules are just offset and mail could be an effective way to communicate with them.   All you have to say is that a branch fell in a previous storm but you would like to talk to them about preventing possible damages by pruning the tree. 

I have a big nasty branch hanging over the garage of my rental house, I talked with the home owner and the owner of the tree about it.  So far they have done nothing.  I just hope when it goes my stuff/family is not there.  I just know I won't be paying one cent of a claim.

2011-06-21 12:54 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard

Having given my opinion above I will give my actual experience.

I was awakened by the Police knocking on my door a few years ago on a sunday morning. No idea why. They explained that a tree had fallen from my yard, landed half in the neighbor's yard, and he wanted it taken care of. It had fallen overnight. I had not even had the chance to wake up and notice it before my neighbor had the cops at my door.

I told the Officer I had no idea it had happened. I did not own a chainsaw but would buy one that day and clean up the tree tomorrow. At this point the Officer sees that I am reasonable and intend to deal with this reasonably. He tries to leave. My neighbor gets mad and tells the Officer that he wants it done today and he wants it done by a professional. He will not accept me on his lawn with a chainsaw. I mention that I am unemployed, have a family to support, and cannot afford to hire a professional. The neighbor does not care. The Officer gently informs me that the neighbor has the right to tell me I cannot be in his yard. If the neighbor will only allow a professional that is my only option. I ended up having to pay some guy $500 to cut up the tree that day. I could have done it myself 24 hours later for a fraction of the cost that we really could not afford.

Don't be that neighbor.

2011-06-21 12:55 PM
in reply to: #3560083

Extreme Veteran
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Northbridge, Massachusetts
Subject: RE: Neighbors tree fell into our front yard

In lovely California, the tree belongs to the property owner where the trunk resides.  If you trim the tree without permission and it damages the tree, the owner can sue you for damages.

Make sure you know the law in your state.

2011-06-21 1:00 PM
in reply to: #3560256

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Subject: RE: Neighbors tree fell into our front yard
SGriepsma - 2011-06-21 1:55 PM

In lovely California, the tree belongs to the property owner where the trunk resides.  If you trim the tree without permission and it damages the tree, the owner can sue you for damages.

Make sure you know the law in your state.




In this particular case it's a pretty good bet that the tree is dead.


2011-06-21 1:11 PM
in reply to: #3560083

Master
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Subject: RE: Neighbors tree fell into our front yard

Take photos of everything first.

I'd say my priority list would go something like this:

- threat to my house: clean it up right away
- threat to my neighbor's house and he's out: probably clean it up for him (document everything)
- no immediate threat: wait till he gets back

Even if the neighbor is the type who would never pay, I'd much rather be proactive and spend a little money to clean up, as opposed to fighting with insurance companies over house damages.

2011-06-21 1:18 PM
in reply to: #3560255

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Subject: RE: Neighbors tree fell into our front yard
chadtower - 2011-06-21 12:54 PM


Having given my opinion above I will give my actual experience.

I was awakened by the Police knocking on my door a few years ago on a sunday morning. No idea why. They explained that a tree had fallen from my yard, landed half in the neighbor's yard, and he wanted it taken care of. It had fallen overnight. I had not even had the chance to wake up and notice it before my neighbor had the cops at my door.

I told the Officer I had no idea it had happened. I did not own a chainsaw but would buy one that day and clean up the tree tomorrow. At this point the Officer sees that I am reasonable and intend to deal with this reasonably. He tries to leave. My neighbor gets mad and tells the Officer that he wants it done today and he wants it done by a professional. He will not accept me on his lawn with a chainsaw. I mention that I am unemployed, have a family to support, and cannot afford to hire a professional. The neighbor does not care. The Officer gently informs me that the neighbor has the right to tell me I cannot be in his yard. If the neighbor will only allow a professional that is my only option. I ended up having to pay some guy $500 to cut up the tree that day. I could have done it myself 24 hours later for a fraction of the cost that we really could not afford.

Don't be that neighbor.



WOW, your neighbor is a real _____ fill in the blank.
2011-06-21 1:31 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard
Just clean it up and get on with your life. 
2011-06-21 1:33 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard

that was a pretty good storm last night. I had a couple of branches to clean up that landed in the alley before work.

as for the tree limb.   is it a big deal if you do nothing until they come home?   is it restricting access to anything?  Since you are so unsure of what to do, I"d wait till the neighbor got home and explain that to them...  Tell them you were so nervous about doing the wrong thing you even went online to ask a bunch of people you don't know what to do. then handle it from there.

If you really wanted to you could rent a chainsaw and start to cut up the stuff on your side.   Plus once they get home they might want someone to come out and look to see if the tree has gone bad (rotted)  which may change how the neighbor wants to deal with it.    plus by waiting I'm sure you will have a few cards on your door from people willing to do the clean up work. At least that's how it is in my area. which is just a few miles from you

 

2011-06-21 1:36 PM
in reply to: #3560083

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Subject: RE: Neighbors tree fell into our front yard
Wait until 6 PM so most guys are home from work. Buy a case of beer and put the cooler in the front yard. Pop a beer and start cutting on the tree with a hand saw, machete or kitchen knife. The men in your neighborhood will trip over themselves to help you drink the beer and show you their chain saw in action. Think Tom Sawyer painting the picket fence... they'll be lined up to show you how to chop that sumbich' into firewood.


2011-06-21 1:39 PM
in reply to: #3560326

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Subject: RE: Neighbors tree fell into our front yard
running2far - 2011-06-21 1:18 PM
chadtower - 2011-06-21 12:54 PM Having given my opinion above I will give my actual experience. I was awakened by the Police knocking on my door a few years ago on a sunday morning. No idea why. They explained that a tree had fallen from my yard, landed half in the neighbor's yard, and he wanted it taken care of. It had fallen overnight. I had not even had the chance to wake up and notice it before my neighbor had the cops at my door. I told the Officer I had no idea it had happened. I did not own a chainsaw but would buy one that day and clean up the tree tomorrow. At this point the Officer sees that I am reasonable and intend to deal with this reasonably. He tries to leave. My neighbor gets mad and tells the Officer that he wants it done today and he wants it done by a professional. He will not accept me on his lawn with a chainsaw. I mention that I am unemployed, have a family to support, and cannot afford to hire a professional. The neighbor does not care. The Officer gently informs me that the neighbor has the right to tell me I cannot be in his yard. If the neighbor will only allow a professional that is my only option. I ended up having to pay some guy $500 to cut up the tree that day. I could have done it myself 24 hours later for a fraction of the cost that we really could not afford. Don't be that neighbor.
WOW, your neighbor is a real _____ fill in the blank.


X a million. I really think the officer overstepped by telling you that you had no choice but to hire a professional. If you don't have the money, you don't have the money--period. I know this is a few years ago and a done deal, but still makes me think about what else could have been done.

Maybe respectfully  and politely ask the officer to write a police report explaining the situation--that you'd offered to clean up the mess yourself but the neighbor refused you access to the property. At that point the cop can't force you to pay what you don't have. Then the neighbor could hire someone himself and take his chances in small claims court--where he could easily lose since you had offered a reasonable accomodation which he refused.

Sorry to hijack the thread on something in the past, but guess it does pertain somewhat to the OP.
2011-06-21 2:09 PM
in reply to: #3560406

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Lafayette, CO
Subject: RE: Neighbors tree fell into our front yard

zed707 - 2011-06-21 12:39 PM
running2far - 2011-06-21 1:18 PM
chadtower - 2011-06-21 12:54 PM Having given my opinion above I will give my actual experience. I was awakened by the Police knocking on my door a few years ago on a sunday morning. No idea why. They explained that a tree had fallen from my yard, landed half in the neighbor's yard, and he wanted it taken care of. It had fallen overnight. I had not even had the chance to wake up and notice it before my neighbor had the cops at my door. I told the Officer I had no idea it had happened. I did not own a chainsaw but would buy one that day and clean up the tree tomorrow. At this point the Officer sees that I am reasonable and intend to deal with this reasonably. He tries to leave. My neighbor gets mad and tells the Officer that he wants it done today and he wants it done by a professional. He will not accept me on his lawn with a chainsaw. I mention that I am unemployed, have a family to support, and cannot afford to hire a professional. The neighbor does not care. The Officer gently informs me that the neighbor has the right to tell me I cannot be in his yard. If the neighbor will only allow a professional that is my only option. I ended up having to pay some guy $500 to cut up the tree that day. I could have done it myself 24 hours later for a fraction of the cost that we really could not afford. Don't be that neighbor.
WOW, your neighbor is a real _____ fill in the blank.


X a million. I really think the officer overstepped by telling you that you had no choice but to hire a professional. If you don't have the money, you don't have the money--period. I know this is a few years ago and a done deal, but still makes me think about what else could have been done.

Maybe respectfully  and politely ask the officer to write a police report explaining the situation--that you'd offered to clean up the mess yourself but the neighbor refused you access to the property. At that point the cop can't force you to pay what you don't have. Then the neighbor could hire someone himself and take his chances in small claims court--where he could easily lose since you had offered a reasonable accomodation which he refused.

Sorry to hijack the thread on something in the past, but guess it does pertain somewhat to the OP.

Completely agree!  The cop is an expert in laws such as trespassing and he was right that if the neighbor refused you access you can't go there.  However, I doubt the cop is an expert in laws regarding requirement to hire a professional to do a service that you are perfectly capable of doing yourself and offered quite expeditiously.   In general, people need to flippin chill out.  Unless there was in immediate danger there is no reason for him to make such demands in my mind. 

2011-06-21 2:12 PM
in reply to: #3560083

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Master
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Des Moines, Iowa
Subject: RE: Neighbors tree fell into our front yard
I would view it as a great opportunity to be a good neighbor. If you have the tools, cut it up and stack it by the road or behind your house. Go over and let him know what happened when he (or she) gets back and that you were glad to take care of it. Ask them if they want or need the wood.

We love our neighbors up and down the street. They are always doing things for us and us for them. Take the initiative and usually everyone responds in kind.
2011-06-21 2:17 PM
in reply to: #3560326

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Subject: RE: Neighbors tree fell into our front yard
running2far - 2011-06-21 2:18 PM

WOW, your neighbor is a real _____ fill in the blank.



With complete respect and since I can't say anything nice I will say this...

...he died a couple years ago. I have new neighbors now.
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