Random Question: HomeOwners

soldiergrl_101
soldiergrl_101 Posts: 2,205 Member
in Chit-Chat
I am a new home owner, I was just curious if this is a normal homeowner issue, and if you have any similar situations how did you handle it?

My neighbors tree almost killed my dog yesterday it landed within inches of her...There are 4 more trees attached that are rotted and could fall any day landing on my dog or house. The rich *kitten* behind me don't give a *kitten*, but I cant take them down because there on their property line and I'd be liable legally if they wanted to be dicks :/ Every department a call says im pretty much SOL wait for the trees to fall and then sue their *kitten*...but I dont want my dogs to get hurt that is my concern.

Any helpful tips or ideas, out of all the problems I could foresee, with owning a home I cant believe this is an issue

(see how cute they are, cant have them worrying about trees)
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Thanks in advance
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Replies

  • ValerieMartini2Olives
    ValerieMartini2Olives Posts: 3,024 Member
    I don't really think there's anything you can do. It's THEIR property. Keep YOUR dogs/kids/etc safe.
  • BiggieSmallsInc
    BiggieSmallsInc Posts: 380 Member
    Had the same issue, my neighbor never cut the trees down because they were leaning on my property and he didn't care. I asked him a few times but no avail. Last hurricane actually blew it down into his yard so I was lucky.
  • soldiergrl_101
    soldiergrl_101 Posts: 2,205 Member
    Unfortunately none of them hang over my property they just go straight up but when the wind falls they always blow into my yard and their are no leaves to trim on them either. But their small enough around to just pull down with some pressure and rope I think, but they wont let me take them down :/

    I want to say they are Birch trees cuz they are so thin and brittle but i'm not sure. Its unfair to keep my dogs locked up inside because she wont clean up her mess.

    e1h575acduer.jpg
  • soldiergrl_101
    soldiergrl_101 Posts: 2,205 Member
    BiggieSmallsInc wrote: »
    Had the same issue, my neighbor never cut the trees down because they were leaning on my property and he didn't care. I asked him a few times but no avail. Last hurricane actually blew it down into his yard so I was lucky.

    You were lucky, I wish a hurricane would take these out so I could be done with the matter. Oh and those are her barrels and piles of crap too
  • TheRoadDog
    TheRoadDog Posts: 11,788 Member
    edited December 2015
    I've had two separate issues over the past 25 years. The first time, I needed a bush moved at the side of my house, so that our house could be connected to the sewer. The bush was on my neighbors property. I asked her if I could uproot it and replace it after excavation. She said No. Told me to have them go under the house. Didn't like that idea, so I pulled the bush out one weekend when she wasn't home. I put a new bush in when it was finished. She didn't talk to me for about 10 years. I got over it.

    Last year, the neighbor on the other side of me had a tree between our driveways. Cherry Blossom Tree. I was getting tired of cleaning cherry blossoms off my car, because that was the way the wind blew. I bypassed the "asking for permission". Bought a chainsaw and severely trimmed the tree. Neighbor never mentioned it.

    Doesn't answer your question, I know. But you know the old saying? "Sometimes it's better to ask forgiveness than to ask permission."
  • soldiergrl_101
    soldiergrl_101 Posts: 2,205 Member
    TheRoadDog wrote: »
    I've had two separate issues over the past 25 years. The first time, I needed a bush moved at the side of my house, so that our house could be connected to the sewer. The bush was on my neighbors property. I asked her if I could uproot it and replace it after excavation. She said No. Told me to have them go under the house. Didn't like that idea, so I pulled the bush out one weekend when she wasn't home. I put a new bush in when it was finished. She didn't talk to me for about 10 years. I got over it.

    Last year, the neighbor on the other side of me had a tree between our driveways. Cherry Blossom Tree. I was getting tired of cleaning cherry blossoms off my car, because that was the way the wind blew. I bypassed the "asking for permission". Bought a chainsaw and severely trimmed the tree. Neighbor never mentioned it.

    Doesn't answer your question, I know. But you know the old saying? "Sometimes it's better to ask forgiveness than to ask permission."

    Actually this was great thank you. Im debating if maybe like you said when shes not home just tie the ropes around them and pull...see if they fall down and then blame it on the wind lol ...Oops. Thats probably where I went wrong I shouldnt have asked in the first place they probably wouldnt have noticed
  • ashleybreanna13
    ashleybreanna13 Posts: 249 Member
    Poison the tree when they aren't looking.
  • TheRoadDog
    TheRoadDog Posts: 11,788 Member
    ashleybreanna13 wrote: »
    Poison the tree when they aren't looking.
    That'll just help it fall over. It won't cause the direction and it won't pick the time. Still a threat to the dogs.

  • ashleybreanna13
    ashleybreanna13 Posts: 249 Member
    TheRoadDog wrote: »
    ashleybreanna13 wrote: »
    Poison the tree when they aren't looking.
    That'll just help it fall over. It won't cause the direction and it won't pick the time. Still a threat to the dogs.

    but you'll know it's coming, so you'll be prepared ;)
  • soldiergrl_101
    soldiergrl_101 Posts: 2,205 Member
    sunn_lighter wrote: »
    have you talked to your neighbors?

    I have, 6 months ago when the first tree fell...They seemed nice and willing to help. Then three months went by and nothing, so i went over there again and said I just wanted to see how the search was coming blah blah blah and they basically said that its too expensive and they arent going to pay for it and that I can pretty much go *kitten* myself. Now that this second tree fell and almost killed my dog im trying to seek out a better alternative to make this happen
  • _incogNEATo_
    _incogNEATo_ Posts: 4,537 Member
    soldiergrl_101 wrote: »
    sunn_lighter wrote: »
    have you talked to your neighbors?

    I have, 6 months ago when the first tree fell...They seemed nice and willing to help. Then three months went by and nothing, so i went over there again and said I just wanted to see how the search was coming blah blah blah and they basically said that its too expensive and they arent going to pay for it and that I can pretty much go *kitten* myself. Now that this second tree fell and almost killed my dog im trying to seek out a better alternative to make this happen

    So they said they wouldn't pay for it. Did they literally say "go *kitten* yourself" or is that the approach you're taking since they won't pay to have them removed? Have you offered to pay?
  • GDLAZ
    GDLAZ Posts: 3,784 Member
    If you have an HOA talk to them, if not talk to your city. Most cities will issue the person a notice giving them a certain amount of time to take care of the issue. If it isn't resolved within that time the city will do it and charge them for the work.
  • Bakins929
    Bakins929 Posts: 895 Member
    I would suggest you talk to your insurance agent and see if they will reach out to the homeowner. If they will not, a certified, registered letter kindly explaining why you would like the trees removed will be a tremendous benefit when/if they do fall on your property. If you offer to pay for 1/2 the cost of removal, that may sweeten the deal and convince them you see it as a threat and they may come around.
  • Bakins929
    Bakins929 Posts: 895 Member
    TheRoadDog wrote: »
    "Sometimes it's better to ask forgiveness than to ask permission."

    Terrible advice. Opening yourself up for trespassing, destruction of private property, emotional anguish, etc.
  • _incogNEATo_
    _incogNEATo_ Posts: 4,537 Member
    GDLAZ wrote: »
    If you have an HOA talk to them, if not talk to your city. Most cities will issue the person a notice giving them a certain amount of time to take care of the issue. If it isn't resolved within that time the city will do it and charge them for the work.

    I don't think this is always true.

    Not to mention, at the end of the day, the trees belong to that homeowner in that homeowners yard.

    If OP would like to have the trees removed, I think it should be at OP's expense if the homeowner is okay with it. There are liabilities involved for the homeowner too if the trees are removed.
  • efink85
    efink85 Posts: 19 Member
    From my many years of watching "People's Court", here is my advice. First, put your neighbors on recorded notice. Just talking to them won't stand up in court, send them a certified letter stating what happened and your concerns about a future recurrence. If in the future their trees falls on your property and damages it (including pets) they are now liable for damages since you warned them about the problem in the past and they did nothing. Other than that, I don't think you can proactively do too much. As long as the tree doesn't cross onto your property, you would have to pay damages if you cut their tree on their property (any thing that hangs over the property line you can cut). You may be able to get an arborist to certify the tree is dead/diseased and needs to be removed for safety reasons, at which point you could either talk to city hall about any local regulations or sue them in small court (why not, worth a try if its really worrying you, just bring lots of proof that its a dangerous situation i.e. pics of last instance, pics of current trees, certified arborist's letter or better yet bring them to court with you).
  • soldiergrl_101
    soldiergrl_101 Posts: 2,205 Member
    _incogNEATo_ wrote: »
    soldiergrl_101 wrote: »
    sunn_lighter wrote: »
    have you talked to your neighbors?

    I have, 6 months ago when the first tree fell...They seemed nice and willing to help. Then three months went by and nothing, so i went over there again and said I just wanted to see how the search was coming blah blah blah and they basically said that its too expensive and they arent going to pay for it and that I can pretty much go *kitten* myself. Now that this second tree fell and almost killed my dog im trying to seek out a better alternative to make this happen

    So they said they wouldn't pay for it. Did they literally say "go *kitten* yourself" or is that the approach you're taking since they won't pay to have them removed? Have you offered to pay?

    I have offered to take down the trees, no need to pay since I know plenty of tree cutters with businesses in that field. Also offered to put them in contact with them and they could work out a deal amongst each other. They told me they wont take down the tree its not their problem "not to go *kitten* myself, but reading between the lines that's how it came across". Mind you they still didnt pay for the fence that their other tree destroyed either when it fell after they said they would.
  • soldiergrl_101
    soldiergrl_101 Posts: 2,205 Member
    _incogNEATo_ wrote: »
    GDLAZ wrote: »
    If you have an HOA talk to them, if not talk to your city. Most cities will issue the person a notice giving them a certain amount of time to take care of the issue. If it isn't resolved within that time the city will do it and charge them for the work.

    I don't think this is always true.

    Not to mention, at the end of the day, the trees belong to that homeowner in that homeowners yard.

    If OP would like to have the trees removed, I think it should be at OP's expense if the homeowner is okay with it. There are liabilities involved for the homeowner too if the trees are removed.

    I went to the town, the fire department and the police...All of them told me there is nothing they can do its not their problem its between the two home owners. The police wouldn't file a report because the dog and the house weren't harmed but he told me to send them a certified letter and contact my insurance agency. I sent them the certified letter yesterday and contact my home insurance...my home insurance said until damage is done to the property there is nothing they can do. So everywhere I term people tell me there is nothing I can do...This is why I feel like I am asking the wrong people or asking the wrong question two trees have fallen...causing damage to one neighbors brand new vinyl fence, both trees became my responsibility for disposal which cost me money...and yet I have to sit back and wait for the others to fall cause possibly more damage and hope that no one is injured and nothing is broken. The system seems broken if that is the case. This is why I figured id seek guidance from other homeowners maybe they know something I dont since I am a young new home owner
  • slider728
    slider728 Posts: 1,494 Member
    soldiergrl_101 wrote: »
    Mind you they still didnt pay for the fence that their other tree destroyed either when it fell after they said they would.

    soldiergrl_101 wrote: »
    ...my home insurance said until damage is done to the property there is nothing they can do.

    Am I missing something here? Was the damaged fence yours? If not, it isn't your concern. If it was, then maybe there wasn't enough damage for the insurance to get involved???

    Anyway, this is a common homeowners issue. Not necessarily the trees, but having a neighbor that is not very courteous and doesn't play well with others.

    If there is an association, touch base with them first to see if there is something they can do.

    Your city might have an ordinance about hazards on a person's property that might force them to cut the tree. Even if they do have such an ordinance, it is kind of a catch 22. You will likely need to hire an attorney to even find out if such an ordinance exists or do your own research and hope for the best. Next, you would likely have to prove that the trees pose a hazard. Just because 1 fell doesn't mean the others will. Again, that is a problem because you can't access their property and you'd probably need to hire an expert to determine that it is a hazard (I am assuming a tree expert could look and tell from the fence). After all that, where would that put you? It would likely make an uncooperative neighbor even worse (but you might get the trees down).


    Personally, I would just smile and wave when you see your neighbor and don't do anything. There are risks in every facet of life. Just try to mitigate the risk the best you can and do your best to keep the people and the dogs safe.

    If you wanted to keep pursuing this, I think your next step would be to hire a lawyer to see if there is a law that could help you. I know it will probably cost a few thousand, but you have to decide what is worse, the expense of a lawyer or the risk of the tree falling. It isn't fair, I know, but sometimes people are just jerks and we have to do what we have to do.


  • soldiergrl_101
    soldiergrl_101 Posts: 2,205 Member
    slider728 wrote: »
    soldiergrl_101 wrote: »
    Mind you they still didnt pay for the fence that their other tree destroyed either when it fell after they said they would.

    soldiergrl_101 wrote: »
    ...my home insurance said until damage is done to the property there is nothing they can do.

    Am I missing something here? Was the damaged fence yours? If not, it isn't your concern. If it was, then maybe there wasn't enough damage for the insurance to get involved???

    Anyway, this is a common homeowners issue. Not necessarily the trees, but having a neighbor that is not very courteous and doesn't play well with others.

    If there is an association, touch base with them first to see if there is something they can do.

    Your city might have an ordinance about hazards on a person's property that might force them to cut the tree. Even if they do have such an ordinance, it is kind of a catch 22. You will likely need to hire an attorney to even find out if such an ordinance exists or do your own research and hope for the best. Next, you would likely have to prove that the trees pose a hazard. Just because 1 fell doesn't mean the others will. Again, that is a problem because you can't access their property and you'd probably need to hire an expert to determine that it is a hazard (I am assuming a tree expert could look and tell from the fence). After all that, where would that put you? It would likely make an uncooperative neighbor even worse (but you might get the trees down).


    Personally, I would just smile and wave when you see your neighbor and don't do anything. There are risks in every facet of life. Just try to mitigate the risk the best you can and do your best to keep the people and the dogs safe.

    If you wanted to keep pursuing this, I think your next step would be to hire a lawyer to see if there is a law that could help you. I know it will probably cost a few thousand, but you have to decide what is worse, the expense of a lawyer or the risk of the tree falling. It isn't fair, I know, but sometimes people are just jerks and we have to do what we have to do.


    The fence is my adjoining neighbors fence to the right, when the tree fell it landed in my yard it took out there fence in the process. My concern is the fact that the SECOND tree that fell yesterday almost killed my dog and yes the other 4/5 trees that are attached to this one tree are leaning in the direction ready to fall and possibly kill my dog this time or take out my house or my neighbors fence. Every time the wind blows they sway like crazy ready to fall. This problem could all be solved if they let me take them down but they wont and I dont have a HOA.

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