Tree Removal Request

[jendev]

New York

I live in long island NY and do not get along at all with the neighbor. There is a tree in my side yard and neighbor sent me a letter via certified mail to get it removed stating his concerns that if the tree falls it can lead to a dangerous situation such as property damage, auto damage or injury. It seems he got worried after recent storm which lead to lot of trees uprooted in the neighborhood. its a big tree probably at least 50 years old. We did reach out to few tree estimates and they were surprised that we want to get the tree cut since its still a healthy tree. but, they would not give me in writing and also said that any tree can come down during a storm even an healthy one. We love the tree and was one of the buying factor for us when we bought the house.

Since the letter was sent via certified mail, what are my options here? Do I have to provide a written response? Do I need to hire a lawyer to prevent any legal issues in case if the tree does come down in future?

 

[Zigner]

I suggest that you find an arborist who is willing to put in writing that the tree is healthy and not in danger of falling down.

 

[adjusterjack]

Since the letter was sent via certified mail, what are my options here? Do I have to provide a written response?

No. In fact, I recommend that you make no response at all. Don't even talk to the neighbor about it. "No comment" is all you need to say. Otherwise, anything you say can and will be used against you.

Do I need to hire a lawyer to prevent any legal issues in case if the tree does come down in future?

No, you don't need to hire a lawyer. If the tree comes down and damages your neighbor's property your homeowners liability coverage will defend you against any allegations of negligence. Notice of a potential hazard is just one of the many steps in a negligence claim. If high winds blow a healthy tree down there is no negligence.

I agree that you should hire a qualified arborist for a written evaluation of the condition of the tree. So as to not waste your time or your money, tell him/her in the first conversation that you want a written evaluation otherwise don't bother coming out. Experts are used to writing reports so that's who you want to hire. You'll pay good money for it. The alternative is to wait until something happens and then your insurance company will hire the expert.

 

[LdiJ]

New York

I live in long island NY and do not get along at all with the neighbor. There is a tree in my side yard and neighbor sent me a letter via certified mail to get it removed stating his concerns that if the tree falls it can lead to a dangerous situation such as property damage, auto damage or injury. It seems he got worried after recent storm which lead to lot of trees uprooted in the neighborhood. its a big tree probably at least 50 years old. We did reach out to few tree estimates and they were surprised that we want to get the tree cut since its still a healthy tree. but, they would not give me in writing and also said that any tree can come down during a storm even an healthy one. We love the tree and was one of the buying factor for us when we bought the house.

Since the letter was sent via certified mail, what are my options here? Do I have to provide a written response? Do I need to hire a lawyer to prevent any legal issues in case if the tree does come down in future?

I agree with what the others have said, but will also add that it's completely irrelevant that the letter was sent certified. All that does is prove that you received it. It has no legal relevance otherwise.

 

[jendev]

I suggest that you find an arborist who is willing to put in writing that the tree is healthy and not in danger of falling down.

I reached out to few arborist but due to recent storm everyone is very busy and asked me to reach back to them in after 2 weeks.

 

[jendev]

No. In fact, I recommend that you make no response at all. Don't even talk to the neighbor about it. "No comment" is all you need to say. Otherwise, anything you say can and will be used against you.



No, you don't need to hire a lawyer. If the tree comes down and damages your neighbor's property your homeowners liability coverage will defend you against any allegations of negligence. Notice of a potential hazard is just one of the many steps in a negligence claim. If high winds blow a healthy tree down there is no negligence.

I agree that you should hire a qualified arborist for a written evaluation of the condition of the tree. So as to not waste your time or your money, tell him/her in the first conversation that you want a written evaluation otherwise don't bother coming out. Experts are used to writing reports so that's who you want to hire. You'll pay good money for it. The alternative is to wait until something happens and then your insurance company will hire the expert.

I thought to hire a lawyer since my understanding was that I was warned about the tree issue when the letter was sent to me and not responding could lead to legal issues if the tree does come down. I finally found one arborist who will provide in writing but not available until 9/15.

 

[Zigner]

... I was warned about the tree issue when the letter was sent to me ...

What "issue"? At this point, you have no direct knowledge of any "issue", all you have is a concern expressed by the neighbor.

 

[FlyingRon]

It doesn't even really prove that he received it either. It just indicates that delivery was attempted. If you want to make sure the named recipient signed for it, you have to specifically request (and pay for) restricted delivery. Certified really only provides proof of mailing by default (though it does include tracking of the delivery attempts).

 

[zddoodah]

Since the letter was sent via certified mail, what are my options here?

That the letter was sent by certified mail has nothing to do with anything. Your options are to cut down the tree, trim the tree, or do nothing.

Do I have to provide a written response?

No.

Do I need to hire a lawyer to prevent any legal issues in case if the tree does come down in future?

I don't entirely understand this question. Hiring a lawyer now will not "prevent any legal issues in case . . . the tree does come down [at some unknown time] in the future."

If I have read your post correctly, in response to your neighbor's letter, you consulted with one or more tree experts who advised you that the tree is healthy. Unless you have reason to believe otherwise, that ought to be the end of this.

I was warned about the tree issue when the letter was sent to me and not responding could lead to legal issues if the tree does come down.

Why do you think that might be the case?

 

[Zigner]

If I have read your post correctly, in response to your neighbor's letter, you consulted with one or more tree experts who advised you that the tree is healthy. Unless you have reason to believe otherwise, that ought to be the end of this.

The OP has no written evidence of the consultations...the OP needs to get something in writing, and is taking steps to do so.

 

[LdiJ]

The OP has no written evidence of the consultations...the OP needs to get something in writing, and is taking steps to do so.

Why? Its a healthy tree. The neighbor only wants it to come down because the neighbor is being a PITA. If the neighbor sues to have the tree come down the burden of proof would be on the neighbor to prove that the tree is unhealthy. The neighbor won't be able to do that. If the neighbor sues for negligence because an act of god brings the tree down the burden of proof will still be on the neighbor to prove that the tree was unhealthy.

Any report that the OP pays good money to get right now will only been good for the period of time that it takes for a tree to get sick and die. It certainly won't be good 3 years from now, 5 years from now, or 10 or more years from now. Therefore, in my opinion it is a total waste of money to get proof NOW that the tree is healthy. He would probably have to do that once a year in order for it to be useful at all, and that would be a serious waste of money.

Once again, the burden of proof would be on the neighbor. Now yes, the OP should pay attention to the tree and any signs that it is becoming unhealthy but anything beyond that is absurd.

 

[Zigner]

Why? Its a healthy tree. The neighbor only wants it to come down because the neighbor is being a PITA. If the neighbor sues to have the tree come down the burden of proof would be on the neighbor to prove that the tree is unhealthy. The neighbor won't be able to do that. If the neighbor sues for negligence because an act of god brings the tree down the burden of proof will still be on the neighbor to prove that the tree was unhealthy.

Any report that the OP pays good money to get right now will only been good for the period of time that it takes for a tree to get sick and die. It certainly won't be good 3 years from now, 5 years from now, or 10 or more years from now. Therefore, in my opinion it is a total waste of money to get proof NOW that the tree is healthy. He would probably have to do that once a year in order for it to be useful at all, and that would be a serious waste of money.

Once again, the burden of proof would be on the neighbor. Now yes, the OP should pay attention to the tree and any signs that it is becoming unhealthy but anything beyond that is absurd.

The neighbor is now on notice about the tree. Without evidence to the contrary, he's in a worse position.

 

[LdiJ]

The neighbor is now on notice about the tree. Without evidence to the contrary, he's in a worse position.

Again, I disagree. There is no scenario in which the burden of proof would not be on the complaining neighbor. In addition, there is a very limited period of time where a written opinion by an arborist would be useful. If the OP gets sued, THEN it might be useful to pay for an opinion from an arborist. Prior to that, its a freaking waste of money.

 

[Zigner]

Again, I disagree. There is no scenario in which the burden of proof would not be on the complaining neighbor. In addition, there is a very limited period of time where a written opinion by an arborist would be useful. If the OP gets sued, THEN it might be useful to pay for an opinion from an arborist. Prior to that, its a freaking waste of money.

I understand that you disagree.

 

[westside]

Unless you have reason to believe that there's something wrong with the tree, do nothing, and tell the neighbor whatever you want, ranging from nothing to "pound sand".