Houzz Logo Print

A Dozen Dead Trees, and One of Them Falls...

2 months ago

What took so long?

The Emerald Ash Borer hit our town in about 2008. We spent thousands removing dead ashes on our property. One immediate neighbor claimed she couldn't afford to remove about a dozen of these mature trees on her lot -- which backs up to our rear lot line and that of our next-door neighbor. New people bought that house about two years ago, and we *hoped*, but no, they didn't remove the trees either. The trees continued to be a hazard and an eyesore.

On the night of January first (cold, windy), one of the trees fell over our back fence, happily missing our pines and a giant juniper bush. As I learned later, another of these trees fell into our next door neighbor's yard, missing their pool, but damaging the roof of a small shed.

I'd never met the current owners. It appeared they were not at home. I had only the address, so asked our attorney to find and contact them. He sent a registered letter. Mr. X just replied yesterday, claiming that the trees are not his but the property of the HOA.

I called the city to learn that, as we knew, the majority of our back lot line does abut the HOA property, but Mr. X owns the west portion with these long-dead trees.

Our next door neighbor says she happened to meet Mrs. X on the street last week. Mrs. X said they were unaware that any trees had fallen, but that they would 'take care of this' if it's their responsibility.

Ah, but then Mr. X sends an email to our lawyer denying ownership. Our next door neighbor had called the city where someone told her the trees are on HOA property. The man I spoke with said differently. I already *knew* where the HOA property ends because neither we nor the city could get it to do anything about their trees back when they were dying. They said they didn't have the money, and the city said they wouldn't press them on this. (Do remember this was 2008.)

Today I got the X's phone number from our next door neighbor, called, and asked them to call us.

Surely the X's got a plat of survey when they bought their house. Next door neighbor says the X's plan an addition -- survey required.

Here we are. We and next door neighbor would would welcome an end to the hazard and eyesore of these dead trees. Would you offer to pay some of the cost to remove them?

And...what about the tree resting in our yard?

Comments (36)