neighbors tree, storm damage

[pac72]

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

after windstorm a fairly sizeable branch broke off and landed on my property, base of branch shows rotting, this is a 60-80 ft old cherry tree, has history of rotten limbs. its just a few feet over property line. can I just relocate it to their property ? or should I cut it up and dispose of it. pretty sure its a rental,and owner does property maint.

 

[justalayman]

It's on your property; it's your wood and issue to deal with

I would take pictures of it especially the rotted part and send them to owner of the neighboring property. That will give them notice of the condition of the tree. That way in the future if their tree falls and causes you damage, you will be able to make a claim against them for the damages.

 

[pac72]

thankfully nothing is on our property under their tree but grass, we purchased the home from wifes dad, in the past (before we purchased home ) any large branches he made them clean up, but dads in his late 80's , so that's likely why they did it..

maybe its time to start a small burn pile...lol, no restriction about that in my township. as to the tree rot issue, the property owners are aware of it.. its probably the biggest cherry tree ive seen. at the base its easile 3 ft thick at widest , easily 80 ft tall BIG OLD TREE

 

[justalayman]

You say they are aware of it but if it comes down to who pays the $XX,XXX in damages to your home or property do you care to guess who may claim ignorance? The owner of a tree is only liable for damages caused by their tree if they are aware it is a hazard

If it was me I would write a note with something like;

Wow, didn't realize the tree was in such bad shape. Looks like it come down at any time. Just wanted to make sure you were aware of how bad its gotten.

Signed; neighbor.

A person doesn't have to be confrontational when putting the owner on notice.

 

[adjusterjack]

If high winds knock down a branch, you might have no case even if the base of the tree is rotted because high winds can knock down branches on live healthy trees.

There's also the issue of notice.

If you don't start giving written notice to the owner of the dangerous condition of the tree you would have an uphill battle in court if it ever got to court.

 

[pac72]

I am planning to have a little chat with the owner of the property , they are a local farm owner nearby, they cut the grass, so next time they are cutting it (likely today) , ill have a friendly little chat with them. the home was their mothers , we think a relative lives in it now, hence they still do the property maint there.

 

[adjusterjack]

I am planning to have a little chat with the owner of the property

Good luck proving you had that "little chat" if you have to go court when the tree falls on your house.

If it was me I would write a note with something like;

Wow, didn't realize the tree was in such bad shape. Looks like it come down at any time. Just wanted to make sure you were aware of how bad its gotten.

Signed; neighbor.

A person doesn't have to be confrontational when putting the owner on notice.

A little namby pamby for this retired claim rep's taste.

I'd make it a little more serious by pointing out the neighbor's potential liability for damage to my house if his rotting tree falls on it. Accompany the notice with dated photos of the condition.

I would also be sending additional notices every 3 months reminding him that it is still a hazard. And keep including updated photos showing the progression of the tree's condition.

 

[justalayman]

Good luck proving you had that "little chat" if you have to go court when the tree falls on your house.



A little namby pamby for this retired claim rep's taste.

I'd make it a little more serious by pointing out the neighbor's potential liability for damage to my house if his rotting tree falls on it. Accompany the notice with dated photos of the condition.

I would also be sending additional notices every 3 months reminding him that it is still a hazard. And keep including updated photos showing the progression of the tree's condition.

You May see it as namby Pamby but it's meant to sound that way. It puts the owner on official notice of
The condition of tree yet doesn't sound threatening.

I wouldn't want to point out their potential liability. It sounds like an implicit threat. If the time comes I have given the guy notice his tree is a danger. After that it's up to him to act or not and live with the consequences.

 

[PayrollHRGuy]

I wouldn't want to point out their potential liability.

The thing is that is exactly what the OP should be doing.

 

[Zigner]

The thing is that is exactly what the OP should be doing.

There is absolutely no requirement that the OP advise his neighbor about legal matters. All the OP needs to do is make sure he can prove the owner is aware of the situation, not the possible implications.

 

[PayrollHRGuy]

That is why I used the word "should" instead of "must."

 

[quincy]

There is absolutely no requirement that the OP advise his neighbor about legal matters. All the OP needs to do is make sure he can prove the owner is aware of the situation, not the possible implications.

I agree with Zigner and justalayman.

pac72 would be smart to avoid advising the neighbor on the law.

The law, for one thing, is fact-specific and, two, any mention of legalities can turn an amicable discussion into an adversarial one.