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Timber

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Miss Tree

Junior Member
What is the name of your state? California
I live at the end of a one mile dirt road. I have a deeded easement through several other property owners land. About 5 years ago I asked one of the property owners if I could cut down a small bull pine on his property because it was leaning over the road. He refused. The tree is now huge and leans not only over the road but also over another property owners power service line. To make matters worse the tree is dying. Bull pines are not known for their great root systems even when alive. If this tree falls it will block me in, knock down the power line and probably start a wildland fire. This is my only way out. There is no possibility of me cutting the tree down now. I contacted a tree cutter and he gave me an estimate of $500.00 to remove the tree. I have informed the owner of the tree several times of the danger and he refuses to discuss the possibility of him having it removed. He says that if the tree falls it is an act of God. Maybe it could be called an “act of God” if no one had noticed the tree is dying. But they did. I told the owner that if it falls and blocks the road and breaks the service line and ignites a forest fire, I believe it is an act of neglect. We do not want us or emergency vehicles to be blocked on either side of the tree, fire or not. I believe it is fully the tree owner’s responsibility to remove this potential inconvenience/fire hazard himself. However, the owner of the service line that would be taken out by the tree and I, as an easement owner, have each offered to pay 1/3rd of the tree removal fee and the tree owner will still not even discuss it. He refuses to answer my e-mails and my telephone calls go unreturned. Surely similar situations have come up hundreds if not thousands of times. Can you advise some cases that I might be able to use to sway the tree owner. We would rather not have to use the courts.
 


BelizeBreeze

Senior Member
Until something happens, you have no right to tell the property owner how to maintain his own property. Once the tree falls, it's another matter.
 

Emmanuela

Junior Member
The other matter

25,222
"Until something happens, you have no right to tell the property owner how to maintain his own property, Once the tree falls, it's another matter."

A tree did finally fall across the road, taking with it some phone lines, access for emergency vehicles, and few other trees - the road at that point is a right-of-way for approx 75 people who belong to a road association. The owner had been reminded a year or so ago that the tree was in danger of falling and at that time he muttered something about looking into the matter... Does that owner of the property on which the tree fell have any liability?
 

Cedrus

Member
Is the easement specific as to dimensions? For instance does it say "15 feet wide from a center point (or something)......? Does it tell you how wide is your road? Where is the tree in relation to your easement?

In any event, send the neighbor a registered/certified letter, RETURN RECEIPT REQUESTED, telling him of your concerns, and listing all the bad things that can happen should the tree fall down and block the road for ambulance, fire truck, etc.

Spend a half-hour with a real estate lawyer. Some will give you free 15 minutes or more. Pay if you have to.

Ask lawyer about recording your letter at the county recorder's office as part of the APN for his property.
 

FarmerJ

Senior Member
Doesnt your local electric utility do tree trimming to reduce the risk of broken lines ?
the electric co-op where I live does this all the time any line they own is threatened.
 

HomeGuru

Senior Member
25,222
"Until something happens, you have no right to tell the property owner how to maintain his own property, Once the tree falls, it's another matter."

A tree did finally fall across the road, taking with it some phone lines, access for emergency vehicles, and few other trees - the road at that point is a right-of-way for approx 75 people who belong to a road association. The owner had been reminded a year or so ago that the tree was in danger of falling and at that time he muttered something about looking into the matter... Does that owner of the property on which the tree fell have any liability?
**A: why are you responding to a post made in 8/2005?
 

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