who pays for the preventive tree cutting services?

last year

One of my neighbor's trees leans 45 degree towards my roof. It just happened this morning. There has no rain or storm recently, except the one almost a month ago.

The tree isn't falling yet, yet I am trying to prevent it. It's not my tree, so who should pay for it. Since there is no damage yet, and there isn't any natural disaster causing it leaning towards my house. The neighbor's insurance company won't pay for it, for it's not naturally caused.

Featured Answer

Izzy Mn

last year

In my moms neighborhood a neighbor had two very large elms. The trunks were 4 ft across. They appeared healthy however as trees do it dropped a limb in the tree owners driveway, would have crushed a car flat. So that was a sign that they could be dangerous. One limb hung over neighbors house, bedrooms that was twice the size of the one that fell in driveway. The neighbor contacted their insurance. They were advised to send a certified letter to tree owner pointing out the danger the tree caused and was dropping limbs so was not a healthy tree and requested the hazardous trees be removed. So the tree owner is now officially on notice of her hazardous tree that could damage property or even kill someone. The tree owners insurance said they won't pay for removal. She needs to remedy her trees otherwise she could lose her insurance. Tree owner ended up paying at least 7,000 for both trees to be removed.

That little tree is unhealthy and hazardous.

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Comments (19)

cat_ky
last year
Can you take a picture, so we can see the tree.
0
NagyMama
last year
I’m wondering if the tree is sick and/or dying. My state lays blame and liability with the homeowner of the sick tree if it falls and damages someone else’s property, especially if they’ve been on notice about said tree. (This happened to me in June. Neighbor’s sick tree fell during storm and damaged my roof. I’m only a renter and neighbor and landlord are still discussing the damage. Neighbor quickly paid for tree removal (huge tree, across my entire driveway). Clearly, you don’t want to wait for a storm or wind. Have you tried having a nice conversation with your neighbor about the health of the tree and having them trim tree or removing? Otherwise, generally you have a right to cut what hangs in your yard - at your own expense. But it’s best to discuss with neighbor and try to arrive at an amicable arrangement.
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I must admit I know little or nothing about this specific DED resistant American Elm cultivar. I am growing two Princeton elms, two "Liberty" elms and one natural volunteer (there seem to be some possibly DED resistant elms nearby--large and not hit by the disease yet (and not growing where there is any possibility of them having any treatment for DED)--so I have hopes for this one also. The so called Liberty elms involve, I think, five cultivars, so I have just two and I am not sure which they are. They are distinctly different from each other, however. If one of my elms grew in the pattern yours did, I definitely would not have considered any pruning. The only pruning I have done is to prune off some single lower side limbs. On the volunteer, an especially vigorous side limb is growing about 4 feet from the ground, and because it has always shown signs of becoming part of the upper crown, I left it and donÂt think it is likely to split off. It is, in fact, a nice individual feature of this tree. But once the whole top of the tree starts to divide, whether into two or even four or more upward reaching and arching limbs, I figure that is the way this tree is going to grow, and I leave it alone. My two Liberty elms have started to divide at the top into three ascending limbs. Of course, there is a "middle" one. I would never dream of cutting that center one out. Doing so will create a fork that will be weaker than the original. Nor would I cut off one from either side--that would seem to make the top unbalanced, at least for a while. I like the way the tops of these trees are "flaring out" at this point. I have been a special lover of elms since I was a little kid. When I was about 9 years old (I am now 71) I dug one up from a field and planted it in our yard. I have been a very careful observer of these trees all my life. Their "forks" tend to be very sturdy and resistant to splitting. But perhaps your cultivar is different--as I say, I have no specific experience with it. But if a storm is strong enough, it can split any tree, and I have seen American elms split--but very, very seldom. Have you ever tried to split American elm logs for firewood?!! For what its worth, I just looked up American elm in my 1978 edition of Knowing Your Trees (published by AFA). The summer picture is of an especially magnificent specimen. I can't get an absolutely precise count, but this tree divides at basically the same level into 6 or 7 wonderful ascending and arching limbs. This is a large, old tree--no splits yet! --spruce
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ShadyWillowFarm
last year
In most states, you can cut or trim any part of a tree or shrub that crosses your property line. Most insurance companies don’t pay for preventive maintenance- it’s the homeowners responsibility to keep the house and surrounding property in good repair. Which is why you pay out the deductible before the insurance kicks in.
HU-178658043
last year
It sounds like the tree is actively, though slowly, falling, if, as I understand the situation, it just started leaning. If so, the neighbor would be responsible for preventing damage to your property as it is a recognized problem. The neighbor's insurance would also have to pay for damages to your home but it would be your insurance company to pursue that after you put in a claim to them.

Ben There
jjjjade H
Original Author
last year
last modified: last year
Thank you all for the input.

Picture taken from my backyard on the deck looking at the leaning tree (it's hard to see the tip leaning with a 45 degree angle towards my roof, although it looks like it's soaring towards the sky in the pic)

pic taken from the front yard between neighbor's (right) and my house (left).

I stood at neighbor's backyard facing the tree.

Neighbor has not been at home. Nobody answers the door when I knocked. I did post sticky notes on their cars and doors. Whenever they come home, they would se them.
0
Anne Duke
last year
I’ll guess it’s sickly. Put your request in writing with a reasonable timeframe to remedy. If no communication from the neighbor, do it yourself. Cost is yours with small claims as your only recourse.
gardengal48 (PNW Z8/9)
last year
" do it yourself. "

You cannot!! At least not without permission of the homeowner, preferably in writing (I'd insist). Otherwise, you are guilty of trespass and property damage (the tree removal) and could be liable for civil damages as well as criminal charges.
jjjjade H thanked gardengal48 (PNW Z8/9)
colleenoz
last year
last modified: last year
I'm happy to stand corrected but I believe that if you send your neighbour a registered letter to the effect that the tree is leaning over and may eventually cause damage to your house, then if s/he does nothing about the tree then s/he would be liable to pay for any damages caused by it. At least if you alert the neighbour to the potential for financial liability, that might motivate him/her to do something about it.
jjjjade H thanked colleenoz
fraker
last year
last modified: last year
I’d call my insurance agent and ask if they have any advice.
jjjjade H thanked fraker
KR KNuttle
last year
I can not tell the relative positions of the trees in the area, but from the pictures the tree looks thin and tall and if it did fall it would not hit your house, but fall between the houses.

So while I would do the registered letter, I would not push the matter, as it looks like there would be no damage to any structure if it fell.
0
ken_adrian Adrian MI cold Z5
last year
a lot of free legal advice here.. and good legal advice is worth what you pay for it.. lol..

the tree is very sick.. normal tree dont lean 45 degrees .. tree time is counted in decades.. and this tree will not stand for another decade ...

dont know where you are.. so hesitate to offer any sound legal advice.. make an appointment with an atty.. [and even if i did know.. i wouldnt offer any opinion on local city and state law ...]

and stop putting stickies on their property ... thats basically trespass...

ken
jjjjade H thanked ken_adrian Adrian MI cold Z5
Stax
last year
Kettle,

" and stop putting stickies on their property ... thats basically trespass... "

Ah, free legal advice!
PRO
DeWayne
last year
The tree is both your problems. So both of you need to band together to pay for the full removal. Because while you can legally cut what leans over the property line, having the access to do that looks a bit difficult without their cooperation.
Laurie
last year
Here in FL we paid to cut our neighbor’s large oak tree branches that were overing our property. It was just after hurricane Ian so the cost was outrageous but we were concerned a minor wind would bring them crashing into our roof or lania. The neighbor later offered to reimburse us but we asked they spend it on trimming their side and making sure their oak trees are healthy. The neighbor is snow bird and was not here to the damage and risk.
Louise J
last year
last modified: last year
If a couple more days go by and nobody answers door or responds to your notes, you might consider sending a certified, return receipt letter. Yes, this is a pain in that you have to go to the post office to mail it, but then you are legally on record as contacting them. Sticky notes are not going to hold up, they can say they never saw them and/or they could literally blow away. A certified letter might strike some as aggressive, so I would word it very politely and emphasize you've been unable to make contact otherwise. We had to do this with neighbors whose sick tree fell and damaged our fence. They did not respond to note left on door or answer in person. After the letter, they took care of it. And sent us a cert letter in response that it was done! But then both parties were on record.
jjjjade H thanked Louise J
Anne Duke
last year
When I stated “do it yourself” I was referring to the overhanging branches, not the whole tree. And where I live, California, that is how it can be handled.
BillMN-z-2-3-4
last year
If you have experience with tree cutting, most local rental places have towable bucket lifts like in the link below. Beats trusting a ladder.

https://www.boom-lifts/46-50-ft-towable
0
djacob Z6a SE WI
last year
I think this may be a state/city/county thing. Here, if my neighbor doesn’t like branches hanging over or touching their home or property, they have the right to trim it back. On the other hand, as a good neighbor I generally stay on top of this. Last year I had a large box elder that was rotting from the inside. If it fell, it would have fallen into my neighbors yard and garage and fence. I approached them about chipping in to remove the tree and they yes. But then they had a couple of unexpected home issues they had to deal with (chimney rebuild and new air conditioning.) In the end, I got a very good price for the tree removal and refused their offer to share some of the expense.

So, it comes down to neighbor relations. My neighbors could have cut those branches at their expense, but actually they were not as worried about the tree falling as I was. However when it was down I’m glad I did it as it totally rotted from the inside out.

debra

who pays for the preventive tree cutting services?

Izzy Mn

Comments (19)

cat_ky

NagyMama

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ShadyWillowFarm

HU-178658043

jjjjade H
Original Author

Anne Duke

gardengal48 (PNW Z8/9)

colleenoz

fraker

KR KNuttle

ken_adrian Adrian MI cold Z5

Stax

DeWayne

Laurie

Louise J

Anne Duke

BillMN-z-2-3-4

djacob Z6a SE WI

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who pays for the preventive tree cutting services?

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jjjjade HOriginal Author

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