What is the name of your state? California
I live at the end of a one mile dirt road. I have a deeded easement through several other property owners land. About 5 years ago I asked one of the property owners if I could cut down a small bull pine on his property because it was leaning over the road. He refused. The tree is now huge and leans not only over the road but also over another property owners power service line. To make matters worse the tree is dying. Bull pines are not known for their great root systems even when alive. If this tree falls it will block me in, knock down the power line and probably start a wildland fire. This is my only way out. There is no possibility of me cutting the tree down now. I contacted a tree cutter and he gave me an estimate of $500.00 to remove the tree. I have informed the owner of the tree several times of the danger and he refuses to discuss the possibility of him having it removed. He says that if the tree falls it is an act of God. Maybe it could be called an “act of God” if no one had noticed the tree is dying. But they did. I told the owner that if it falls and blocks the road and breaks the service line and ignites a forest fire, I believe it is an act of neglect. We do not want us or emergency vehicles to be blocked on either side of the tree, fire or not. I believe it is fully the tree owner’s responsibility to remove this potential inconvenience/fire hazard himself. However, the owner of the service line that would be taken out by the tree and I, as an easement owner, have each offered to pay 1/3rd of the tree removal fee and the tree owner will still not even discuss it. He refuses to answer my e-mails and my telephone calls go unreturned. Surely similar situations have come up hundreds if not thousands of times. Can you advise some cases that I might be able to use to sway the tree owner. We would rather not have to use the courts.
I live at the end of a one mile dirt road. I have a deeded easement through several other property owners land. About 5 years ago I asked one of the property owners if I could cut down a small bull pine on his property because it was leaning over the road. He refused. The tree is now huge and leans not only over the road but also over another property owners power service line. To make matters worse the tree is dying. Bull pines are not known for their great root systems even when alive. If this tree falls it will block me in, knock down the power line and probably start a wildland fire. This is my only way out. There is no possibility of me cutting the tree down now. I contacted a tree cutter and he gave me an estimate of $500.00 to remove the tree. I have informed the owner of the tree several times of the danger and he refuses to discuss the possibility of him having it removed. He says that if the tree falls it is an act of God. Maybe it could be called an “act of God” if no one had noticed the tree is dying. But they did. I told the owner that if it falls and blocks the road and breaks the service line and ignites a forest fire, I believe it is an act of neglect. We do not want us or emergency vehicles to be blocked on either side of the tree, fire or not. I believe it is fully the tree owner’s responsibility to remove this potential inconvenience/fire hazard himself. However, the owner of the service line that would be taken out by the tree and I, as an easement owner, have each offered to pay 1/3rd of the tree removal fee and the tree owner will still not even discuss it. He refuses to answer my e-mails and my telephone calls go unreturned. Surely similar situations have come up hundreds if not thousands of times. Can you advise some cases that I might be able to use to sway the tree owner. We would rather not have to use the courts.