Neighbors tree

Scootergptx · 01-17-2018, 10:28 AM

Looks like I'll be doing some custom tree work on their tree. Had a branch brush the bike and ruin my cover. Younger couple just bought the house, so I'm sure the previous owner didn't mention I've had branches just miss the house and bikes before. In Texas, if the limbs hang over your property, you are responsible for damage unless the whole limb broke from the trunk. I can legally trim it back to the property line, which is what I will do. One straight line down the side of what used to be a round tree. Figure between the new cover and rental for a lift to get to the branches, I'm out about $800.

Insurance deductible is $500, and won't cover the trimming part. So can't claim that.

Spondulas · 01-17-2018, 03:45 PM

At my previous house, I lived next to a damned tree hugger who adamantly refused to deal with her trees. TN law says it is the property owner with the damage is financially responsible for the damage to their property caused by a neighbor's falling tree so she had no reason to spend money to remove the trees - just let them fall and be someone else's problem. Their half-rotted trees fell on my house twice. First time the damage was minor and I picked up the cost of repair (trying to be a good neighbor). Second time the damage was more severe and she got what was coming to her. The tree had double trunks fused at the bottom and spit with one trunk hitting my house and the other one just inches off the roof of her house. She had to pay a tree company to come remove the tree but they couldn't get it off her house without getting the other trunk off my house first. Once they were finished, I refused to pay anything for the cost of my tree removal. BTW, I am somewhat of a handyman so I took the repair money from my insurance company, made the repairs myself and pocketed $ 600 for my efforts.

Scootergptx · 01-18-2018, 08:27 AM

I guess they noticed what it had done. I put the branches in the yard to get them out of the way. Kinda right on the property line. They're gone now.

They're about the same age we were when we bought our house. First house for us, first house for them. It reminds me of when we moved here, and the last thing you want is a cranky old guy next door, yelling about stuff on his lawn.

I'll have a talk with them over the weekend. Let them know what my plans are, and if something like this happens again, it's their dime and not mine.

**smokier** · 01-20-2018, 08:00 AM

Quote:

Originally Posted by Scootergptx

I guess they noticed what it had done. I put the branches in the yard to get them out of the way. Kinda right on the property line. They're gone now.

Greetings,

Sorry that happened to you. Good sign that they have since cleaned up the mess. Feels like they will be easy to work with. Best wishes, hope the bike doesnt have some hidden damage...

Ride safe,
Smokier

Scootergptx · 01-22-2018, 10:11 AM

Talked with the neighbor yesterday. Gave them a little history of the tree doing this before. They had someone out to look at it before this. Got an estimate of $1500 to cut the tree down. I know when we first bought our house, we didn't have that kind of cash laying around, and they don't either. I can rent a lift for a day for under $200, which was surprising to me. Told them if they wanted to split the cost, they could use it to get some branches off their house and driveway.

Was looking at the tree, again, yesterday. Branch that came off was from one of the very top branches. Good 40 feet up.

dhuttonkc · 01-22-2018, 02:30 PM

Have you talked to your homeowner's insurance agent? I read that your deductible is $500, but your insurer may be able to notify the neighbor's carrier that a dangerous tree is on the property and force a removal or intensive trimming that would prevent future damage. You should not have to even file a claim. The insurer simply uses a GIS system to view the offending tree.

Years ago a neighbor's tree dropped limbs on a visitor's car on my property. He filed a claim that was subrogated against the property owner's homeowners liability insurance. The carrier required the property owner to extensively trim or remove the tree or risk denial of future coverage (read cancellation).

My visitor was not out a dime for damage to his car which was covered by neighbors insurance. I believe they (the neighbor) ended up paying their own deductible. That was the absolute least expensive way for them rather than paying an unanswered claim in small claims court for damage to the car. And he didn't have to take quotes and put up with the hassles of dealing with some of the so-called "tree removal experts".

Here in our little city we have a enforcement code against "dangerous trees". They must not hang so as to threaten damage across a property line, power right-of-way, or be capable of reaching a neighboring property in the event of catastrophic failure. This has backfired a couple of times on the city, trees on their own rights-of-way have been deemed hazardous and forced removal expense. This all occurred after a disastrous ice-storm 15 years ago that left more than half our population without power, some for two weeks or more.

A $200/day lift sounds great, until a falling branch takes out a hydraulic line and drops you and the lift to the ground in a hurry. That is part of the reason you don't see many tree services use a ground lift. Some rentals won't even rent a lift to a homeowner for tree removal due to the risk and liability. And you would still have to cut-up and haul the waste and pay for its disposal as well.

Scootergptx · 01-23-2018, 07:57 AM

Talked with the insurance company when the first branch fell. Unless the branch breaks at the trunk of the tree, or very close to it, they said the neighbors insurance wouldn't cover it. My deductible is $750, it's not worth having that held against me next time the insurance policy it up.

On this tree, they would use some type of lift or bucket truck. They wouldn't hang an extra 200+ pounds on tree limbs that are dead. The lift will articulate and is movable so I won't have it directly under falling branches and the same with the bucket. Small cuts, take my time, think before I cut. Clean up isn't a big deal. The guys the cut the back trees dropped the limbs and cut them into sections that fit in the fireplace and fire pit. I split and put them up. Saved a lot of money doing that.

Wish our city had enforcement like that. If it's not hurting city property, it's up to the people to work it out.

But yeah, seen the videos of people who thought cutting down a tree would be easy.

Not cutting really thick branches and the ones over the house were cut already. Worst thing it can land on is the bike shelter. Again.

Scootergptx · 01-23-2018, 07:58 AM

The now famed tree. Red circle is where the branch broke off that fell on the bike shelter. Difference between now and summer is about 50 leaves.

Scootergptx · 01-23-2018, 08:09 AM

Well, I can either post a small picture of the tree or what appears to be a life size version. I'll stick with the small one.

01-18-2018, 08:27 AM	#3
Scootergptx Advanced Member Join Date: Sep 2015 Location: Grand Prairie, TX Posts: 654	I guess they noticed what it had done. I put the branches in the yard to get them out of the way. Kinda right on the property line. They're gone now. They're about the same age we were when we bought our house. First house for us, first house for them. It reminds me of when we moved here, and the last thing you want is a cranky old guy next door, yelling about stuff on his lawn. I'll have a talk with them over the weekend. Let them know what my plans are, and if something like this happens again, it's their dime and not mine. __________________ 2011 Vaquero V&H slip ons Roaring Toyz intake PCV (removed) Ivan's ECU flash
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01-22-2018, 10:11 AM	#5
Scootergptx Advanced Member Join Date: Sep 2015 Location: Grand Prairie, TX Posts: 654	Talked with the neighbor yesterday. Gave them a little history of the tree doing this before. They had someone out to look at it before this. Got an estimate of $1500 to cut the tree down. I know when we first bought our house, we didn't have that kind of cash laying around, and they don't either. I can rent a lift for a day for under $200, which was surprising to me. Told them if they wanted to split the cost, they could use it to get some branches off their house and driveway. Was looking at the tree, again, yesterday. Branch that came off was from one of the very top branches. Good 40 feet up. __________________ 2011 Vaquero V&H slip ons Roaring Toyz intake PCV (removed) Ivan's ECU flash Login or Register to Remove Ads
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01-22-2018, 02:30 PM	#6
dhuttonkc Member Join Date: Mar 2014 Posts: 157	Have you talked to your homeowner's insurance agent? I read that your deductible is $500, but your insurer may be able to notify the neighbor's carrier that a dangerous tree is on the property and force a removal or intensive trimming that would prevent future damage. You should not have to even file a claim. The insurer simply uses a GIS system to view the offending tree. Years ago a neighbor's tree dropped limbs on a visitor's car on my property. He filed a claim that was subrogated against the property owner's homeowners liability insurance. The carrier required the property owner to extensively trim or remove the tree or risk denial of future coverage (read cancellation). My visitor was not out a dime for damage to his car which was covered by neighbors insurance. I believe they (the neighbor) ended up paying their own deductible. That was the absolute least expensive way for them rather than paying an unanswered claim in small claims court for damage to the car. And he didn't have to take quotes and put up with the hassles of dealing with some of the so-called "tree removal experts". Here in our little city we have a enforcement code against "dangerous trees". They must not hang so as to threaten damage across a property line, power right-of-way, or be capable of reaching a neighboring property in the event of catastrophic failure. This has backfired a couple of times on the city, trees on their own rights-of-way have been deemed hazardous and forced removal expense. This all occurred after a disastrous ice-storm 15 years ago that left more than half our population without power, some for two weeks or more. A $200/day lift sounds great, until a falling branch takes out a hydraulic line and drops you and the lift to the ground in a hurry. That is part of the reason you don't see many tree services use a ground lift. Some rentals won't even rent a lift to a homeowner for tree removal due to the risk and liability. And you would still have to cut-up and haul the waste and pay for its disposal as well. __________________ Don H Kansas City, MO area
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01-23-2018, 07:57 AM	#7
Scootergptx Advanced Member Join Date: Sep 2015 Location: Grand Prairie, TX Posts: 654	Talked with the insurance company when the first branch fell. Unless the branch breaks at the trunk of the tree, or very close to it, they said the neighbors insurance wouldn't cover it. My deductible is $750, it's not worth having that held against me next time the insurance policy it up. On this tree, they would use some type of lift or bucket truck. They wouldn't hang an extra 200+ pounds on tree limbs that are dead. The lift will articulate and is movable so I won't have it directly under falling branches and the same with the bucket. Small cuts, take my time, think before I cut. Clean up isn't a big deal. The guys the cut the back trees dropped the limbs and cut them into sections that fit in the fireplace and fire pit. I split and put them up. Saved a lot of money doing that. Wish our city had enforcement like that. If it's not hurting city property, it's up to the people to work it out. But yeah, seen the videos of people who thought cutting down a tree would be easy. Not cutting really thick branches and the ones over the house were cut already. Worst thing it can land on is the bike shelter. Again. __________________ 2011 Vaquero V&H slip ons Roaring Toyz intake PCV (removed) Ivan's ECU flash
	0

01-23-2018, 08:09 AM	#9
Scootergptx Advanced Member Join Date: Sep 2015 Location: Grand Prairie, TX Posts: 654	Well, I can either post a small picture of the tree or what appears to be a life size version. I'll stick with the small one. __________________ 2011 Vaquero V&H slip ons Roaring Toyz intake PCV (removed) Ivan's ECU flash
	0

01-17-2018, 03:45 PM	#2
Spondulas Member Join Date: Jun 2014 Location: Dickson, Tennessee Posts: 110	At my previous house, I lived next to a damned tree hugger who adamantly refused to deal with her trees. TN law says it is the property owner with the damage is financially responsible for the damage to their property caused by a neighbor's falling tree so she had no reason to spend money to remove the trees - just let them fall and be someone else's problem. Their half-rotted trees fell on my house twice. First time the damage was minor and I picked up the cost of repair (trying to be a good neighbor). Second time the damage was more severe and she got what was coming to her. The tree had double trunks fused at the bottom and spit with one trunk hitting my house and the other one just inches off the roof of her house. She had to pay a tree company to come remove the tree but they couldn't get it off her house without getting the other trunk off my house first. Once they were finished, I refused to pay anything for the cost of my tree removal. BTW, I am somewhat of a handyman so I took the repair money from my insurance company, made the repairs myself and pocketed $ 600 for my efforts.
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