another tree ???

[melcald]

What is the name of your state? Massachusetts

While on vacation, a large tree was struck by lightning. From what I have been told, the tree was split in half and leaning toward the neighbors house. The electic poles guide wires were holding it up. The tree was right on the property line..but mostly on my property. Without telling us, the neighbors called a tree company and had the tree cut down and removed. Now, they have presented us with a bill for $3600!!!! If we had been home, we would have called a different tree company and would have just had the tree dropped and would have cleaned it up ourselves. In the past few years we have had about 35 trees dropped and cleaned it up ourselves.
Do we have to pay this bill? We are willing to pay the cost of dropping the tree, but have a big problem with the rest.
Thanks for any advice!!

 

[I AM ALWAYS LIABLE]

What is the name of your state? Massachusetts

While on vacation, a large tree was struck by lightning. From what I have been told, the tree was split in half and leaning toward the neighbors house. The electic poles guide wires were holding it up. The tree was right on the property line..but mostly on my property. Without telling us, the neighbors called a tree company and had the tree cut down and removed. Now, they have presented us with a bill for $3600!!!! If we had been home, we would have called a different tree company and would have just had the tree dropped and would have cleaned it up ourselves. In the past few years we have had about 35 trees dropped and cleaned it up ourselves.
Do we have to pay this bill? We are willing to pay the cost of dropping the tree, but have a big problem with the rest.
Thanks for any advice!!

My response:

What did your homeowner's insurance company say about this situation, and what law(s) did the company cite to you regarding your liability, if any?

IAAL

 

[melcald]

My homeowners said it was "an Act of God" and they would pay $500. I guess this is because the tree didn't actually fall...

 

[I AM ALWAYS LIABLE]

My homeowners said it was "an Act of God" and they would pay $500. I guess this is because the tree didn't actually fall...

My response:

Okay. So, your neighbor takes it upon himself to enter into a contract to fell the tree, and presents you with the bill for a tree that's on the property line.

Who kept the wood? Was it taken away? Was it kept by your neighbor? You? Shared?

IAAL

 

[melcald]

The wood was taken away. There is a few pieces stacked at the trunk. No one has touched it.

Yes, he called to get the tree removed. We were not consulted. We were away on vacation. His son was caring for our pets and had phone numbers of where we could be reached in case on an emergency. Another neighbor/friend called us to tell us what happened. From what I understand..he felt it was an emergency situation. His house would have been destroyed if the tree had actually fallen.

$3600 is a lot of money!

 

[I AM ALWAYS LIABLE]

My response:

Okay, that wood has "value" and the neighbor had no right to decide, unilaterally, to waste the wood. Contiguous landowners bear 50% liability for a tree on each other's boundary line, and both "own" the tree as a result.

At the very most, and since this was causing an "emergency", your neighbor bears 50% of the "reasonable cost" of felling and removal of a boundary tree.

Therefore, obtain estimates of your own for such work, and present your neighbor with the lowest estimate. Then, you offer him 50% of that estimate. Then, you obtain an estimate of the value of the wood, and subtract 50% of that total value from your half of the estimate.

Your neighbor is not entitled to his "estimate" unless it's found to be "reasonable" for the type of work done, and that's why you need your own estimates - - try to get two or three.

If he won't accept your final offer, then he can prove his "damages" in court.

Good luck to you.

IAAL

 

[melcald]

Thanks

Thanks for the quick advice. Now..I am almost positive this isn't the case, but what if the whole tree trunk is on my property? It is sooooo close. Dh says part is on neighbors property, but unless we have it surveyed, I am not totally convinced.
Who would pay?

Thanks again!