the big dead tree next door (kinda long)

Discussion in 'General Home Improvement Discussion' started by Philphine, Jun 9, 2010.

  1. Jun 9, 2010 #1

    Philphine

    Philphine

    Philphine

    don't give him tools!!!

    Joined:
    Feb 28, 2007
    Messages:
    128
    Likes Received:
    2
    i'm not sure what section this would go in, or if it's a diy subject at all, but i need to start asking somewhere. i'll add some pics in a day or so. my home computer is down.

    since i moved here about 3 years back there's been a big dead oak tree in the yard next door. huge, dead top to bottom, and kind of looms over the part of my yard where the deck and one side of my garage is. even moreso since i extended the deck out into the yard some. about once a year or so a big branch falls out of it.

    today a big branch fell and hit the deck without causing too much damage, but it did break a fountain i had in a small plastic pond, and may have put a hole in the pond also (rainy day so the pond is still really full). the most serious thing was it hit the chain link fence bettween our houses and bent it down pretty good. about two feet more to the left and it would have messed up a bench built into the deck pretty bad, and possibly a glass patio table also.

    i'm not too happy about the damage, but really i'm more worried about other branches falling. they seem to just break out of the blue. the one today broke just after it had been raining and the sun was shining at the time. other times there have been ice storms and a freak wind storm and nothing fell.

    ok, all that to ask, is my neighbor responsible for that tree? they moved in maybe a year after i did, so the tree was there dead already, but are they still responsible if it's in their yard?

    i'm not wanting to try and make them pay for the current damage, but i wish the tree could come down. i was just inside the garage door today. if i were on the other side of the door i'd have been hit or trying to dodge it, and i worry if i were to have guests out on the deck, along with the deck it's self, and maybe my garage if a branch fell just so. i'm thinking the tree is just going to get more rotten and eventually things will get worse.

    i work second shift and didn't get an answer when i knocked on their door, so i just left a note before i went to work today to ask them to look in the back yard and also to consider cutting the tree down or back or something. i tried to make the note as non antagnonistic as i could.

    the only other person i've asked so far is my brother, who said call my insurance co. and see what they say. that they would probaly get in touch with the neighbors and see what could be done since they would have to cover any damage to my property if things get worse, but i figured i'd ask the neighbors myself first 'cause i thought it might be better that way.

    thanks if you read this far, and for any advise you might have.
     
  2. Jun 11, 2010 #2

    frozenstar

    frozenstar

    frozenstar

    Well-Known Member

    Joined:
    Dec 15, 2009
    Messages:
    253
    Likes Received:
    0
    Well I guess if it's on their premises, it should be their responsibility. But I think it's right to ask them personally first. Hope you can upload some pics. :)
     
  3. Jun 11, 2010 #3

    Philphine

    Philphine

    Philphine

    don't give him tools!!!

    Joined:
    Feb 28, 2007
    Messages:
    128
    Likes Received:
    2
    here are the pics

    [​IMG]

    the green in the pics are other trees this tree is compleatly dead.

    [​IMG]

    [​IMG]

    this was all the damage in the yard it's self. there was a water pot fountain over this small pond that got smashed and it broke the bracket that hung it over the pond. now with the rain done i can tell that it did make a hole in the pond also. i was gonna pull the pond out anyway and replace it with a liner, and i can reweld the bracket, but the pot i found in a thrift store and don't know where to find a new one or what it would cost.

    [​IMG]

    the fence is actually a couple inches higher than the back of the deck bench in the pic. the branch bent it down from that height. the damage i can live with (hopefully the fence can just be bent back up or something), but i don't know how lucky i'd be next time. while i was looking this morning i saw another branch had fallen, but it was a much smaller one that happens kind of regulary and doesn't do anything damage wise.

    i think she works maybe 3rd shift so i still haven't talked to her in person, but i got a note back saying she'll try to get it cut down, but also added that she wanted me to cut down/trim back a bush near her garage. this seems kind of tit for tat, especialy since there is absolutely no danger concernig it, and it's not really mine. it's bush growing in the chain link and as much in her yard as mne.

    i'll probaly do it anyway, so there's no excuse not to work on the dead tree
     
    Last edited: Jun 11, 2010
  4. Jun 14, 2010 #4

    DaveyDIY

    DaveyDIY

    DaveyDIY

    Extreme DIY Homeowner

    Joined:
    Apr 14, 2009
    Messages:
    82
    Likes Received:
    2
    Your neighbors insurance company is responsible for the damage
    Talk to your neighbor, then your insurance company
    Once your neighbors insurance company realizes the risk they will force the homeowner to have the tree taken down
    Or write the tree & any damage it may cause out of the policy

    In the meantime your insurance company will pursue the damages from the other company
     
  5. Jun 14, 2010 #5

    the_tool

    the_tool

    the_tool

    Tool Repair Guru

    Joined:
    Jan 26, 2010
    Messages:
    20
    Likes Received:
    0
    I agree with DaveyDIY, your insurance company should go after them, and once the trees owner gets hit up by his insurance to take the tree down, you can bet it will come down. I'm sorry about the damages you had happen. Good luck!
     
  6. Jun 16, 2010 #6

    Philphine

    Philphine

    Philphine

    don't give him tools!!!

    Joined:
    Feb 28, 2007
    Messages:
    128
    Likes Received:
    2
    i'm really hoping io can just get her to make some kind of arrangements. i finally talked to her in person last friday and she said she'd try to get something done. i think bringing the ins. companies into this could make things tence.

    in the meantime, i just got home so i'm looking at it in the dark, but another big branch has fallen. i'll take a pic and see if any damage was done in the morning.
     
  7. Jun 16, 2010 #7

    Philphine

    Philphine

    Philphine

    don't give him tools!!!

    Joined:
    Feb 28, 2007
    Messages:
    128
    Likes Received:
    2
    i guess you could call this lucky. again it missed most things in the area, but i think i may have a hole in another pond i was gonna pull out anyway

    [​IMG]

    fell right on top of the last one. haven't started to get rid of the first branch yet, waiting for a long week end i have starting tomorrow. so no more fence damaged anyway.

    [​IMG]

    [​IMG]

    [​IMG]

    it's dead jim

    right now it's mostly mess. the branches kind of shatter like glass so there are dead twigs and branches all in the area. i'm almost glad i didn't have the pond projects finished yet.

    just from observation (i've never much talked to the neighbors before this), i think there was a breakup 'cause there's just been one person there for at least a few months. i've also noticed and heard a couple other things and i know forcing the issue by bringing in the insurance companies will probaly get ugly. but it's looking like i may not have any choice if she doesn't work out something. my luck with this minimal damage is bound to run out.
     
  8. Jun 24, 2010 #8

    drunkenDIY

    drunkenDIY

    drunkenDIY

    Member

    Joined:
    Jun 23, 2010
    Messages:
    15
    Likes Received:
    0
    Oh the joy of living in close quarters with others. We have a neighbor that has a tree that drops needles, sap, pollen and cones on our deck and in our gutters year-round. It's so frustrating. It occasionally drops a limb or two, as well.

    What we learned is that at least where we live, we're responsible for the portion of the tree that hangs over the property line, and so is our insurance if one of those branches damages something. I'd check with your own insurance company - they may be wiling to foot the bill to have the portion of the tree that hangs over the fence removed if it means they won't have to cover the cost of future damage. That might just incent your neighbor to have the rest cut down if the cost is shared. Just a thought...
     
  9. Jun 24, 2010 #9
    Good idea DrunkenDIY.
     
  10. Jun 29, 2010 #10

    elan123

    elan123

    elan123

    Member

    Joined:
    Jun 29, 2010
    Messages:
    15
    Likes Received:
    0
    Let the insurance company fight on your behalf, its the easiest way to get it over with. Good luck.
     
  11. Jun 29, 2010 #11

    Philphine

    Philphine

    Philphine

    don't give him tools!!!

    Joined:
    Feb 28, 2007
    Messages:
    128
    Likes Received:
    2
    i thought i posted last night, maybe i messed it up.

    anyway,the tree is down. i thought i heard a knock on the door and went to see what it was. i looked out the window and saw saw a woman picking up a little table on my deck. turned out that she had knocked and going to go ahead and move some things out of the way because they were under where they were starting to cut.

    i just spoke to her for a moment, but they were there to do the tree. they were still cutting when i left for work. when i got up this morning there were a few more branches in the yard and a couple of log looking pieces that i guess fell on my side, but that's no biggie. shoot, i'll stick 'em in the fire pit or something.

    another side benefit. while the tree was no good for shade and only threw down branches, the birds seemed to love it. i guess because they could be high up with an unobstructed view. that also meant bird droppings on anything under the tree.

    haven't talked to my neighbor yet, she must swing shift or something, but i mean to thank her for having it cut down. i'm glad all that was needed was to ask. i don't know if she felt like i might do more if she didn't have it done, but i know on my part it was as civil as possible. if nothing else i plan to offer an "always good" invitation to my outdoor theater if i ever get it done.
     
    Last edited: Jun 30, 2010
  12. Jun 30, 2010 #12

    handyguys

    handyguys

    handyguys

    Well-Known Member

    Joined:
    Feb 22, 2008
    Messages:
    815
    Likes Received:
    2
    I'll take another position. Talk with her again. She may not be in a financial position to deal with the tree. If you are in a position to do so. Ask her if it would be okay for you to arrange to have it taken down and split the costs. She may say that could be possible (not knowing what it would cost) Ask her if she will be okay for you to get some quotes on having the job done. She will likely say go ahead and get a price. Once you have a quote see if she can split the costs. If she cant then, if you are able, pay yourself to have it removed. With her approval of course.

    You get the following benefits doing it this way.
    1) you build good will with your neighbor
    2) you don't put her home owners insurance at risk
    3) you don't put your home owners insurance at risk
    4) the tree comes down one way or another
    5) you remove some stress from your neighbor who may already be stressed by other stuff
    6) you can get around to re-doing your pond

    Good luck
     

Share This Page