Neighbor's Tree Gonna Fall on my Garage

[Beau Vine 54432]

So the neighboring property has a huge pecan tree with a very big branch that overhangs our garage.  The tree doesn't look very healthy and as pecans are prone to limbs breaking, odds are good that this thing is going to come down on my garage.  ("Garage" is a loosely-used term -- we don't park our cars there, and it's really more of a 90+ year old large shed.)  We have a friend who's a tree guy coming out to trim some of our trees, so the wife called the owner of the other property (he rents it out) and left a message asking if he wanted to have our guy take that branch down and chip in for the cost.  No response.  The wife is now wanting to call this guy back and ask this guy's permission to trim the tree and pay for it ourselves.  I said, "Fuck that."  

What would you do?

[Your Mom 4852]

Fuck that on paying for it?  Or fuck that on asking permission?  There’s no way I’d ask permission.  If it hangs over your property just cut it.  

[DoobieWah 1462]

Send a certified letter to the neighbor informing him of the issue with photos. WHEN it comes crashing down, you'll have your negligence case sewn up. Of course, if your 90-year old storage shed is an eyesore, neighbor may counter sue that you owe him for the improvements.

 

(I'm not a lawyer, but hate every one of them I've ever known.)

[BradInATX 9208]

Isn't the generally accepted social contract in these situations that you cut anything that is above your yard? In the past, I've always had my tree guy cut limbs from neighbors' trees that were in my yard, and all my neighbors handled it the same way. Just cut at the fence line. Make sure the tree guy paints the cuts so as not to damage your neighbors' trees. Drama-free, though I've never had anything but cool neighbors.

IANAL but I'd just get your tree trimmer to cut that entire branch down.

Edited August 27, 2020 by BradInATX

[NeverMarryAStripper 21922]

[Beau Vine 54432]

So I have the right to trim at the property line... but that's going to cost me money.  

If I don't trim at the property line and it falls, that doesn't change liability, correct?

[Nice Guy Eddie 13523]

pay for the removal of the limbs over your property. inform the guy that you're doing it on a certain date, and that if he wants other parts of the same tree trimmed, your're happy to split the costs with him. 

 

[gyroprotagonist 2595]

I had a similar experience recently.  A tree that is right on the property line between me and neighbor's yards split and fell into our garage.  It did not have much room to move as it was in a narrow corridor between our two garages, so it more leaned than fell into mine.  Caused the structure to shift, but not break any rafters or studs inside.

anyway, we had a tree guy come out asap because the leaning tree could shift and hit power lines in the alley or shift and hit his garage.  we paid for it fully and then asked neighbor to chip in for half.  solid neighbor was solid and did that no problem.

It would have been a pain in the ass to actually determine who's tree it was. 

[BradInATX 9208]

1 hour ago, Nice Guy Eddie said:

pay for the removal of the limbs over your property. inform the guy that you're doing it on a certain date, and that if he wants other parts of the same tree trimmed, your're happy to split the costs with him. 

 

That's how NeverMarryaStripper's info reads. But that becomes a time/headache vs. money equation. I'd pay the few hundred for the tree trimmer all day just to be done with it, but that's just me. Or buy a pole saw and a ladder for $300 or so total, and now you own a bad ass pole saw and ladder.

Edited August 27, 2020 by BradInATX

[CooterBrown 18031]

Had a tree removed this summer. It was $2300 ($100 per 1” of diameter) plus another $300 to grind the stump below the surface. I’d just trim anything overhanging the property line. If the tree falls on your garage, sue his homeowners insurance.

[woohorn 1131]

If you only trim to property line, don't you leave a stubby limb where it would be better to trim back to trunk?

[luke duke 6414]

If the tree falls on your garage, sue his homeowners insurance.

That’s not how it works.

[C-Man 27263]

That’s not how it works.

Correct. Unless, it’s my understanding, that the tree is in distress and your neighbor is negligent in not handling the situation before it falls on your fence/garage/house/car.

[Nice Guy Eddie 13523]

9 hours ago, woohorn said:

If you only trim to property line, don't you leave a stubby limb where it would be better to trim back to trunk?

Probably better but you need his permission to trim to the trunk assuming that it's on his side of the property.

This is why it's not a bad idea to keep a civil relationship with a neighbor. Never hurts to call to ask a question. Most people will say ok but you have to be prepared to accept no.

[Liquor and Poker 3659]

From personal experience, the main risk you run is killing or irreversibly fucking up the tree if you're staying on your side.  As long as you don't do that you should be fine.  But I'd paper the shit out of the file if the neighbor's non-responsive.  Maybe get some tree-hugger firm to do it.  Up to your sense of the situation and how risk-averse you are.

Edited August 28, 2020 by Liquor and Poker

[Liquor and Poker 3659]

Weird - edits showed up in a second post

Edited August 28, 2020 by Liquor and Poker

[SquishMitten 10436]

Probably better but you need his permission to trim to the trunk assuming that it's on his side of the property.
This is why it's not a bad idea to keep a civil relationship with a neighbor. Never hurts to call to ask a question. Most people will say ok but you have to be prepared to accept no.

Trimming to the property line serves your purposes for now, and it’s perfectly within your rights to do so. And if that branch is overhanging the garage, using a professional is the smart choice. If the owner and/or OP later decide that leaving a stubby limb is unsightly, that’s an easy DIY trim. But “ugly” pecan trees still make good pecans.

I’ve never asked a neighbor to chip in on the costs, but most of the time I’ve had trimmers out at least one of my neighbors will ask for additional work on their side so we end up splitting some of it anyway.

Only reason I’d ever get “permission” would be if the branch I wanted to cut was so big that it might offset the balance of the tree. In that case, you could have problems if it ultimately falls the other way.

[Beau Vine 54432]

The owner finally called back and said they didn't want to cut the tree "because it's the only big tree in the yard."  Wife sent her a picture showing that the tree has nearly 0 leaves in August and that half of it is clearly fucking dead, so she's supposedly sending us a check for cutting that whole branch off.

[RDCanecutter 26474]

Clear out 90 year old shed, turn it into a party house AirBnB for Chad Bros.

[52-80 19254]

According to that Bird Law document, you should erect a Spite Fence.

[Rougarou 594]

Bought a pole saw for $100 at Home Depot during Ryobi days. Surprisingly sturdy and robust for a cheap chinese tool. Backed the truck up and stood in the truck bed and cut a lot of lower, overhanging limbs and it was awesome.

If you've never cut down some limbs, you should definitely do it once. It's awesome and also pretty cool because it's a class in spatial and perspectives-- the limbs invariably fall a bit differently and definitely are a lot bigger when on the ground than you'd think, when they are in the air. 

[Judge Roybeanbag 11821]

2 hours ago, Rougarou said:

Bought a pole saw for $100 at Home Depot during Ryobi days. Surprisingly sturdy and robust for a cheap chinese tool. Backed the truck up and stood in the truck bed and cut a lot of lower, overhanging limbs and it was awesome.

If you've never cut down some limbs, you should definitely do it once. It's awesome and also pretty cool because it's a class in spatial and perspectives-- the limbs invariably fall a bit differently and definitely are a lot bigger when on the ground than you'd think, when they are in the air. 

I bought one too.  Absolutely right about perspectives.  

[crash_davis 23115]

I've had two trees fall. One was on my property which fell on neighbors garage. The other was a tree which straddled the fence line (fence was sectioned to accommodate the tree) and fell on my property. My understanding from the first tree which fell was that unless I neglected the tree (dead tree), then it was force majeure and each prop owner paid for his own repairs.

 

[Newdoc 3453]

9 hours ago, crash_davis said:

One was on my property which fell on neighbors garage.

Once again, user name checks out.

[VirginiaLonghorn 4781]

It’s considered an Act of God in Virginia.  Neighbor didn’t pay a penny.  My homeowners picked up the tab.

[RDCanecutter 26474]

Now you will be shunned by all folk of faith, for truly you have angered God.

[Kennythetiger 9465]

That’s a damn straight tree. 

[crash_davis 23115]

2 minutes ago, Kennythetiger said:

That’s a damn straight tree. 

all the more incredible since it grew sideways.

[Sbbruin 21893]

On 8/31/2020 at 6:35 PM, crash_davis said:

I've had two trees fall. One was on my property which fell on neighbors garage. The other was a tree which straddled the fence line (fence was sectioned to accommodate the tree) and fell on my property. My understanding from the first tree which fell was that unless I neglected the tree (dead tree), then it was force majeure and each prop owner paid for his own repairs.

 

Yeah, my neighbor had a huge pine tree that had started dying and then started leaning towards my garage.  I saw my neighbor outside, and just casually asked him to cross the street with me so we could see his tree from a distance.  It probably had about a 10% lean towards my property.  I just said "tree looks pretty dead to me."   He agreed and took it down a week later.

[crash_davis 23115]

2 minutes ago, Sbbruin said:

Yeah, my neighbor had a huge pine tree that had started dying and then started leaning towards my garage.  I saw my neighbor outside, and just casually asked him to cross the street with me so we could see his tree from a distance.  It probably had about a 10% lean towards my property.  I just said "tree looks pretty dead to me."   He agreed and took it down a week later.

non-asshole neighbors with means make the best neighbors.

[Sbbruin 21893]

1 minute ago, crash_davis said:

non-asshole neighbors with means make the best neighbors.

except he is of relatively limited means.  Has lived in the house for decades.  But he at least saw their was no way this would end well unless he took it down.

[crash_davis 23115]

1 minute ago, Sbbruin said:

except he is of relatively limited means.  Has lived in the house for decades.  But he at least saw their was no way this would end well unless he took it down.

non-asshole neighbors with means make the best neighbors.

[XYZ 2154]

35 minutes ago, VirginiaLonghorn said:

It’s considered an Act of God in Virginia.  Neighbor didn’t pay a penny.  My homeowners picked up the tab.

username also checks out.