How do I transfer liability back to neighbor for tree?

[CactusJack2]

Don't forget that the OP lied on his seller's disclosure form.

Specifically when he answered no to the question: Is there any study, survey project, or notice that would adversely affect the property? (emphasis added)

He had, in fact, received written notice about the problem from a professional.

I didn't answer no, I answered I don't know....And the seller disclosure was filled out months prior to this.

 

[Zigner]

I didn't answer no, I answered I don't know....And the seller disclosure was filled out months prior to this.

...also a lie. You DID know.

ETA: Or, are you trying to say that you filled out the disclosure before you received the notice?

 

[quincy]

I didn't answer no, I answered I don't know....And the seller disclosure was filled out months prior to this.

We had an arborist tell us that an ancient elm tree which was struck by lightning was dead and needed to be cut down. Our insurer had their own arborist come out and told us the tree was okay.

The tree was okay - and is still standing many years after the reports from the dueling arborists, a perfectly healthy (and beautiful) tree.

I would not act on a single arborist report, especially if the neighbor's arborist also offers tree removal services.

I might wait to see if your former neighbor is intent on pursuing the tree's removal or if the neighbor's original complaint about the tree was less about the tree and more about his dislike of you.

 

[CactusJack2]

...also a lie. You DID know.

ETA: Or, are you trying to say that you filled out the disclosure before you received the notice?

Again, I knew that the circumstance of the letter and assessment were suspect. So no, I didn't know for sure, I tried to have it assessed by my own local resource and couldn't in time.

 

[CactusJack2]

We had an arborist tell us that an ancient elm tree which was struck by lightning was dead and needed to be cut down. Our insurer had their own arborist come out and told us the tree was okay.

The tree was okay - and is still standing many years after the reports from the dueling arborists, a perfectly healthy (and beautiful) tree.

I would not act on a single arborist report, especially if the neighbor's arborist also offers tree removal services.

I might wait to see if your former neighbor is intent on pursuing the tree's removal or if the neighbor's original complaint about the tree was less about the tree and more about his dislike of you.

Ironically this neighbor had a dispute with the previous owner as well that she didn't disclose to me when I bought myself. She actually told me after I brought up the tree issue (the previous owner and I stayed in touch after the sale) that she had wanted the tree cut down but he told her he DID NOT want it cut down as his kids play on it. I have a recorded phone call of this statement..

Your point is very valid, yes, the arborist also did tree removal services, had been in business for 6 months and was hired from 120 miles away when dozens of other arborists with well established businesses were around the corner. That was my entire point about the guys credentials and distance, it seemed suspect to me, like shopping for an arborist trying to establish his business and getting him to just say whatever you want.

Also note, the arborist illegally came onto my property to assess the tree. I was not aware of this and did not give permission for him to do this. Under the fruit of the poisonous tree doctrine, I would think that report would be inadmissible in court anyways, no?

Heck, the property has other trees on it that are leaning (trees don't always grow exactly straight up) that this neighbor didn't send me a notice about. Ultimately the new owner is responsible for the trees, no? Are you of the opininon that I should let this sit or should I send the letter to cover my butt?

One concern I have about sending a letter through an attorney or certified mail is that they would then have a way to track me down address or attorney wise. They have my phone number but not my new address.

 

[Zigner]

Again, I knew that the circumstance of the letter and assessment were suspect. So no, I didn't know for sure, I tried to have it assessed by my own local resource and couldn't in time.

You knew that you had received notice about it, and that's what the question asked.

 

[HRZ]

I agree the OP might have been on safer ground to disclose a problem tree....but I'm not sure that a leaning tree in plain view is an issue that requires notice just because a neighbor wrote that the portion overhanging him bothers him....he is free to trim the portions over the property line ...apparently the tree is alive ...I'm still of view to add zero fuel to this issue .

 

[Zigner]

I agree the OP might have been on safer ground to disclose a problem tree....but I'm not sure that a leaning tree in plain view is an issue that requires notice just because a neighbor wrote that the portion overhanging him bothers him....he is free to trim the portions over the property line ...apparently the tree is alive ...I'm still of view to add zero fuel to this issue .

The Washington State disclosure form would disagree.

 

[CactusJack2]

I agree the OP might have been on safer ground to disclose a problem tree....but I'm not sure that a leaning tree in plain view is an issue that requires notice just because a neighbor wrote that the portion overhanging him bothers him....he is free to trim the portions over the property line ...apparently the tree is alive ...I'm still of view to add zero fuel to this issue .

I agree with your view points. In the original text messages, I told him he was welcome to trim or cut down if he wanted to. And I hear you on the fuel issue, as I don't want to draw attention to myself at this point, BUT...all I'd be doing is sending a letter to one or both parties about it, thus putting the liability back on them, as I've given them notice I'm not the owner anymore and it's up to the new owner to decide what they want to do with it. The most I could see myself being on the hook for is the cost of tree removal. But that's better than a potential lawsuit if someone get's injured.

But like I said, the attorney I spoke to told me that the current owner of the property would be liable for the tree if it fell at this point. He further said that at that point, the new owner could hold me liable for any financial harm that came to them as a result of the tree failure.

I don't know, this is tough. I wish I would have mentioned it during the sale regardless of whether it was credible or not. I may have to spring the money to consult further with this attorney. Interestingly enough, almost everyone I've talked to said to let sleeping dogs lie...

 

[Zigner]

But like I said, the attorney I spoke to told me that the current owner of the property would be liable for the tree if it fell at this point. He further said that at that point, the new owner could hold me liable for any financial harm that came to them as a result of the tree failure.

I agree with this attorney. If the tree falls and causes any damages (including the cost of removal) and if it's determined that the prior report was accurate and if it's determined that the owner of the property was given notice (you were), then the current owner could be on the hook. If the current owner ends up being on the hook to the neighbor, then he can come back to you for reimbursement based on your misrepresentation.

Interestingly enough, almost everyone I've talked to said to let sleeping dogs lie...

That is a path that you may choose to take, and it's perfectly valid. Just make sure you're prepared for the possibility of having to pay out some money in the future.

 

[HRZ]

Zero fuel I meant ZERO anything ...anything you write or say can come back to bite you ..

 

[CactusJack2]

Zero fuel I meant ZERO anything ...anything you write or say can come back to bite you ..

The most it could come back to bite me if I do something is having to pay for the tree removal if it turns out the tree was legit an issue. If I do nothing, I could fare worse if someone is inured.

I think maybe it's worth the $500 bucks to further consult with that same attorney, I don't know at this point. Everyone tells me to leave it alone but at the same time, I worry that saying/doing nothing at this point could be worse long term. I'll drive by this weekend and see if the tree has not been cut down already. Speaking of which, that reminds me, the tree had obvious tree limbs trimmed before I bought it, suggesting it was already looked at before and deemed safe to stand.

 

[Zigner]

Speaking of which, that reminds me, the tree had obvious tree limbs trimmed before I bought it, suggesting it was already looked at before and deemed safe to stand.

Because everyone uses a trained arborist to trim their tree, right?

 

[quincy]

If the only way you are able to relieve your anxiety over this tree is to see an attorney, the $500 for the attorney's advice probably will be money well spent.

Good luck.

 

[CactusJack2]

...also a lie. You DID know.

ETA: Or, are you trying to say that you filled out the disclosure before you received the notice?

Again, just because someone sends me a notice with a piece of paper claiming that some guy with six months experience from 120 miles away said XYZ, doesn't mean it's 100% known. Critical thinking dictates a second opinion, as another astute poster here has also noted, he received two different opinions from two different arborists. Heck, I had4 different opinions on the condition of the house from four different home inspectors when selling the house! These are people who get a mere two weeks of training to do their jobs....just because one says XYZ doesn't make it so.

Second, yes, I filled out the disclosure form long before any of this happened. It is dated months prior to any of this.