Neighbor wants to work on my property

What is the name of your state (only U.S. law)? WI

I'm not sure if this is the correct catagory for my question. If not, I hope it can be moved to the correct place.

My next door neighbor has a tree on their side of the property line that has rotted and has fallen against their fence. It is very close to my property as the homes are very close together. The tree, even though it is on their property, is only a few feet away from my garage.

Today, they had a tree removal company come out to see what needs to be done, and they advised my neighbor that they would need to put a ladder on the roof of my garage and climb it to reach some of the branches on the tree they want to cut down. So now I'm a little concerned about whether they could fall and get hurt, or possibly do damage to my garage--either on the roof from what they'd be doing up there, or from the tree falling. The space for it to safely fall in is VERY tight. No room for them to work using a bucket truck or anything like that.

The question on my mind is who is liable for any damage done to my property by these guys if I give them my permission to be on my roof? They would be working for my neighbors. But if they have my permission to be on my garage, does that make me liable for any damages? How about if they get injured while on my property? Who is liable for that?

Here's a pic of the tree and my garage: http://i616.photobucket.com/albums/tt244/picvids860/SDC108001.jpg

Thanks in advance for your help!

It would seem that removing this tree would be in your interest also, seeing as how it could EASILY damage your property in an uncontrolled fall.

This is saving you a big expense in a shared cost of removal for a rotting tree that is one the neighbors side by inches

Ask your neighbor to please use an insured contractor and everything will be fine.

xylene said:

It would seem that removing this tree would be in your interest also, seeing as how it could EASILY damage your property in an uncontrolled fall.

This is saving you a big expense in a shared cost of removal for a rotting tree that is one the neighbors side by inches

Ask your neighbor to please use an insured contractor and everything will be fine.

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They said the contractor would be insured

Also, my dad and I already went onto my garage roof and cut off the branches that would hit my garage if the tree were to fall, so that wouldn't be a concern. Plus, the tree is leaning against their fence, so if it fell, it would be in their direction instead of mine. At this point, no damage would be done to my garage if it were allowed to fall naturally. But if the people working for my neighbor go up there, then the damages that could occur would be from their actions/equipment. Also any injury that might happen to the workers is a concern as to who is liable.

Insuranace

1homeowner said:

They said the contractor would be insured

Also, my dad and I already went onto my garage roof and cut off the branches that would hit my garage if the tree were to fall, so that wouldn't be a concern. Plus, the tree is leaning against their fence, so if it fell, it would be in their direction instead of mine. At this point, no damage would be done to my garage if it were allowed to fall naturally. But if the people working for my neighbor go up there, then the damages that could occur would be from their actions/equipment. Also any injury that might happen to the workers is a concern as to who is liable.

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Rotted trees do not neatly fall. A strong wind will push such a tree down.

The base of the tree could easily 'buck' off the stump during such a violent breakage - thereby damaging you garage seriously.

If the workers damage your garage - that is why they are insured.

If the workers are injured on your property - that is why they are insured.

Ask to see proof of insurance.

You are correct that you don't have to allow this.

BUT - I am not sure what the reason on refusal is.

You are rejecting something that benefits you but has no cost except allowing acces.

Doing something that has no cost to you and benefits a neighbor is simple neighborliness

The fact that your neighbor is undertaking, at their cost, a tree removal that benefits your property, makes very little sense.

Are you in a feud with these neighbors?

xylene said:

Rotted trees do not neatly fall. A strong wind will push such a tree down.

The base of the tree could easily 'buck' off the stump during such a violent breakage - thereby damaging you garage seriously.

If the workers damage your garage - that is why they are insured.

If the workers are injured on your property - that is why they are insured.

Ask to see proof of insurance.

You are correct that you don't have to allow this.

BUT - I am not sure what the reason on refusal is.

You are rejecting something that benefits you but has no cost except allowing acces.

Doing something that has no cost to you and benefits a neighbor is simple neighborliness

The fact that your neighbor is undertaking, at their cost, a tree removal that benefits your property, makes very little sense.

Are you in a feud with these neighbors?

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No, I'm not in a feud with them.

The only reason I have hesitation about this whole thing is past experiences I've had in the past with other neighbors--most recently with the one on the other side of my house. The people living there were renters, and their kid did damage on their property that spread over to mine. I saw the damage as it was being done and reported it to the landlord, who didn't believe me and insisted that I pay half of the repair costs, even though the damage on my own property was only about 30% of the damage area.

Also, as the landlord there was having the roof redone on his house, the roofers somehow took it upon themselves to climb onto my house without permission and store alot of their equipment there, and then jump from my roof onto the other roof, and back again. This could easily have damaged my roof, which I just had reroofed a couple years back.

In other words, I've had bad experiences with people around here where if you give a little, they take a little more, and often become abusive of whatever leeway I give them. I've paid out quite a bit of money in the last 10 years in the name of trying to be a good neighbor, only to end up being taken advantage of. So when a neighbor asks permission to let someone who is working for them climb around on my garage roof to do work for the neighbor, I have to wonder and start asking questions about liability in advance so I don't end up getting surprised afterward like hearing something like: "Since you gave them permission to go on your roof, you assume their liability". I want to avoid that by being informed in advance.

Also, people causing damage and then saying that the damage was already there before they arrived is another thing that I've experienced many times and would rather not open myself up to it again, because then it's up to ME to prove they caused the damage.

So, tell your neighbor that before the company begins, you have to have proof of their liability and worker's compensation insurance. The company will bring you a photocopy of their insurance.

Real simple.

DC

Do not accept a photo copy

Get a certificate of Insurance directly from the insurance co with you named as insured with your address. Photo copy's mean nothing. It only take seconds for a contractor to call his agent and have them fax or send you one. This way you know for sure it is valid.

I would go one step further. Call YOUR insurance company and ask them how to handle this.
While I understand xylenes thoughts, what do you think would happen if one of your shingles came loose and a guy slipped off the roof and fell and was injured. Guess what their insurance is not going to cover.

btw; the insurance everybody is talking about is general liability. If they are injured on your property, their general liability insurance has nothing to do with it.

Workmans comp would be applicable but that still does not prevent a suit against you for a negligent act.

call you insurance company or an attorney before you agree to anything.