Trees on my property and my neighbor

[LippCJ7]

Re: Trees on my property and my neighbor

I didn't see a problem until the last picture and to be honest that could be your way out, all the electrical power providers here in Colorado have arborists on contract, in your situation I would call them and tell them that you would like the trees removed but their power lines are in the way, I bet you they will take care of the situation quickly and at no charge, the trees are clearly in the power lines anyway...

 

[WIMUSKY]

Re: Trees on my property and my neighbor

^^^^^^ Same here too. If a private parties tree is close enough to potentially take down a power line, the power company will remove it for free at the request of the owner.

 

[roscoe]

Re: Trees on my property and my neighbor

Aw come on.
Bulldoze a 40' swath along the property line and pile up all the debris as natural wildlife habitat and fence.

You'll have a bunch of turkeys and grouse in there in no time.

She will love it.

 

[jasoutside]

Re: Trees on my property and my neighbor

get a tree cutter to give you an estimate they are free!

Yah, estimates are free but punch yourself in the face a few times in preperation for what that estimate says - cuz it's gonna hurt.

A couple got big butts and the rest are tall pecker poles.
And If I am seeing this right her power and phone and cable lines are in the trees pretty much???

YA, I think you should get a professional if you haven't fallen trees and limbs before, pretty tight.

X2^^



First up, I'm thinking I see all healthy trees there. They are just growing that way to get a little luv from the sun is all. Sure they are leaners but they may very well keep going that way for another 25 to 50 years. (course any tree can fall at any time too, given the right amount of wind/ice)

I'm telling ya though, not a job for you or your buddies to attempt. I am "that buddy". A few weeks ago I helped my neighbor take down a massive number of trees. Probably saved him about a $10,000 bill. There was one tree that I wasn't 100% confident on taking down without clipping his retaining wall. So I said "very sorry but I really don't want to wreck that wall there." He had the pros come in and take down the tree. Funny, they clipped it. Course, they foot the bill instead of me shelling out the cost of the repair.

Have your buddies come out and bump your neighbors garage, bad news for you, your buddy, your neighbor and your wallet.

Clip one of those wires by mistake, you can't imagine the $ the power company would charge you to come out and fix it.

I wouldn't even consider doing the work yourself and only have your buddies do it if they are a operating tree service with a big fat insurance policy on hand to cover death/destruction.

I don't think I see anything that lumber companies would want. If you had 10 acres of those big ones in the photo they might come out with a big check for ya.


On the power company doing the work...

Around here (Consumers Energy) they have a contract with a tree service to keep a 30' clear run where their lines are, 15' each side of the line. I know this as they came through my land a couple years ago. They hack trees, don't trim or shape them. Just clear for the lines, nothing more. But, that is the easement at the road. The line from the road to my house - it is my responsibility to trim, they won't touch it. I can't tell from the photos but my guess is that would be power to the house maybe? If so, land owners likely foot the bill.

Yah, I'd go have a cup of coffee and ask her to point out her concerns. Then take it from there.

 

[paultjohnson]

Re: Trees on my property and my neighbor

Have ya called the city to ask them who is responsible, and if you even HAVE to do something ? How about your homeowners insurance carrier ?

 

[SS MAYFLOAT]

Re: Trees on my property and my neighbor

I've done a lot of trimming/felling and been in sites where neighbors trees have fallen 0n clients property. One situation was a half dead tree had a large limb break loose crashing onto his house. Client had his own insurance foot the bill, but ended up taking the owner of the tree to court. He won the case and the owner had to re-embursh my client. Then again I have seen cases where (depending on the state you live in) the owner of the property is responsible for any part of a neighbors tree that is overhanging onto yours.

Looking at the pics, first of all the power company will only take care of any hi-tension wires. Service entrance feeds are at the owners liability.

If I was contracted to do that job, it would require either a crane to lift, cut, and move it to an area to be layed down. Or the use of a bucket truck to top it out and chunk it up dropping the pieces by the trunk. Both can be expensive. Personnaly, I would contract a crane, cut the tree half way up lifiting the top of the trees out to a clearing, then lift and cut the rest of the tree to be moved to a clearing. I would charge to chunk it up and mulch the small branches or leave it up to the client to finish it up which would be less of a charge.

First find out the law on this for your state. Your neighbor may by law have to foot the bill, but the neighborly thing to do would be to split the bill. It is all your call............SS

 

[jasoutside]

Re: Trees on my property and my neighbor

Yup, good stuff right there mayfloat ^^^.

 

[TilliamWe]

Re: Trees on my property and my neighbor

...
My question or dilemma is ? Can I be held liable in any way for a tree or branch falling from my property, now that she has made me aware of a possible issue?...

I *thought* this only applied to trees that were dead, (meaning that their falling was an imminent, foregone conclusion) but I will find out for sure.

 

[produceguy]

Re: Trees on my property and my neighbor

I didn't see a problem until the last picture and to be honest that could be your way out, all the electrical power providers here in Colorado have arborists on contract, in your situation I would call them and tell them that you would like the trees removed but their power lines are in the way, I bet you they will take care of the situation quickly and at no charge, the trees are clearly in the power lines anyway...

Great ideal!!! It's worth a try and then everyone is happy.

 

[rbh]

Re: Trees on my property and my neighbor

One of the best "tools" I have found when falling trees is a 3/4 or 1.5 ton come along and 100-200 feet good rope (1/4 inch wire rope, 1/2 inch power braid ETC.)
Get the rope up over the 50% mark, guy back to another trees butt with the come along, apply preasure.
you are not going to pull it over, but the preasure you apply sure can swing the drop path.

 

[64osby]

Re: Trees on my property and my neighbor

.............
Looking at the pics, first of all the power company will only take care of any hi-tension wires. Service entrance feeds are at the owners liability.

............SS

Found this related to Utility Companies, MPSC = Michigan Public Service Comm.

Might be able to get the ulitity to clean up some of it.
5. What are the guidelines for tree trimming?
Utilities are required to trim trees to improve safety, efficiency, and reliability. The MPSC and the National Electrical Safety Code (NESC) require your utility company to trim trees that may interfere with overhead utility lines. (Untrimmed trees can result in outages, damages, injuries, and even deaths if not appropriately maintained). Michigan law states that a utility can gain what is known as a prescriptive easement. This means that the utility can gain access to power lines on private property without prior consent from the property owner. After a routine tree trimming job, the smaller pieces of debris may be turned into mulch, while the much larger pieces will be cut and left for the property owner to dispose of. The stumps are removed and then are cut as close to the ground as possible.


No Township laws related to this that I can find, so I think it would revert back to state law.

 

[produceguy]

Re: Trees on my property and my neighbor

That's the way to go. Nice!!

 

[64osby]

Re: Trees on my property and my neighbor

Just to let you know she is not the most friendly person. The last know conversation she had with any neighbor was about 2 years ago. Mrs. M's husband died of mesothelioma about 5 years ago, my other next door neighbor's husband was then diagnosed with it also. Mrs. M walked up to her house and rang the bell and when the door was opened the only thing she said was - "My husband died from mesothelioma and yours is going to die also." Then she turned and walked away.

But I will go and talk with her.

And just an observation - Jason - Do you ever sleep?

 

[TilliamWe]

Re: Trees on my property and my neighbor

paul mentioned it above, an insurance adjuster will know for a fact what your obligations are. And I have sent a message to one of my former collegues, who is an insurance adjuster, (My area was auto damage appraising) for clarification in this matter. Wait until then to go talk to this lovely lady.

 

[jasoutside]

Re: Trees on my property and my neighbor

Just to let you know she is not the most friendly person. The last know conversation she had with any neighbor was about 2 years ago. Mrs. M's husband died of mesothelioma about 5 years ago, my other next door neighbor's husband was then diagnosed with it also. Mrs. M walked up to her house and rang the bell and when the door was opened the only thing she said was - "My husband died from mesothelioma and yours is going to die also." Then she turned and walked away.

But I will go and talk with her.

And just an observation - Jason - Do you ever sleep?

Well now, isn't she just a peach.

Maybe bring a bottle of wine rather than coffee then?? Lighten the mood maybe?? Or tequila?

Yah man, I sleep. Not very much though, I need to work on that some. Notice my posts don't happen much past about 7:30ish. I turn into a pumpkin:facepalm:

 

[Huron Angler]

Re: Trees on my property and my neighbor

I agree that those Oak look young and healthy.

The one is leaning pretty good though, and I'd want to deal with it rather than worry about it falling. As tall as they are I would not attempt it, even though I have taken many trees down over the years.

Any chance of it taking out that garage is just too much risk.

Too bad the neighbor didn't talk to you prior to the roofing.:facepalm:

Hopefully Consumers Energy will be able to help out at no cost

 

[TilliamWe]

Re: Trees on my property and my neighbor

64osby, here is the definative professional opinion of a claim professional with approx 20 years experience:

"If the tree was healthy I doubt that the tree owner would be liable if an act of nature took branches down.
>
> Generally if your tree...healthy or otherwise...hangs over my land, I have the right to cut your branches back to the property line."

But they can't trim the tree so far that it kills it. So if there are any branches hanging over her property, it is her responsibility to remove them without killing your tree. She ain't going to like that, but that's the way it is. No action is required on your part.

 

[jasoutside]

Re: Trees on my property and my neighbor

I suppose I have always understood it this way (at least here in MI)...

It may be my tree but if it's hanging over into your property you trim as you see fit.

I have two houses (rental properties) in the city limits. At one of them I trim back my neighbors trees every year. At the other my neighbor trims back mine every year. No biggie.

I'm not 100% positive on the legalities but I think if she wants them trimmed she is welcome to call somebody to do it (she covers the bill). If she doesn't want to that is her choice. Pretty sure that is the deal anyway.

 

[64osby]

Re: Trees on my property and my neighbor

64osby, here is the definative professional opinion of a claim professional with approx 20 years experience:

"If the tree was healthy I doubt that the tree owner would be liable if an act of nature took branches down.
>
> Generally if your tree...healthy or otherwise...hangs over my land, I have the right to cut your branches back to the property line."

But they can't trim the tree so far that it kills it. So if there are any branches hanging over her property, it is her responsibility to remove them without killing your tree. She ain't going to like that, but that's the way it is. No action is required on your part.

TW - thank you for taking the time to dig into this. I like the result but I'm sure she won't.

I will go and talk to her, see if we together can get Mid West Energy to do some trimming, my lines need it too. And then we'll see what other options we have.

I know other have said it - I think she has the right to trim any branches as long as she doesn't kill the tree. Or If she wants it removed that will be a different discussion.

I'll let you know what happens after I talk to my neighbor. Thanks for everyones input.

 

[TilliamWe]

Re: Trees on my property and my neighbor

You're welcome. Good luck!