Started By
Message

Trees and neighbors

Posted on 4/12/22 at 9:33 pm
Posted by SlidellCajun
Slidell la
Member since May 2019
10381 posts
Posted on 4/12/22 at 9:33 pm
I have some properties in alabama and one of the neighbors is asking me to cut trees down on my property that she thinks present a risk to her property.

The trees are healthy. One is a gum tree and another is water oak.

I’m fairly certain of my rights here . Trees are healthy so any damage to her property from them is act of god and I’m not liable.

A few questions: Is there any circumstance where act of god does not apply?
Also, is there anything I should do legally to quiet her down to stop pressing me about this stuff?
This post was edited on 4/13/22 at 7:23 am
Posted by ItzMe1972
Member since Dec 2013
9793 posts
Posted on 4/12/22 at 9:36 pm to
Get an arborist to give them a clean bill of health. Then give her a copy.

Just as an aside, would you be ok with her removing them at her cost?
Posted by OldHickory
New Orleans
Member since Apr 2012
10602 posts
Posted on 4/12/22 at 9:40 pm to
Put an old trailer on your property and rent it to some meth heads. She’ll forget all about the trees.
Posted by Puffoluffagus
Savannah, GA
Member since Feb 2009
6097 posts
Posted on 4/12/22 at 9:44 pm to
Yeah arborist as mentioned to give a clean bill of health if you want to protect yourself. But in reality, She would have to prove that you knew the tree was in an unhealthy condition had deferred maintenance etc which wouldn't be easy to prove unless she had an independent arborist look at the tree, or could provide other proof(photos etc) that the tree w as in poor condition.

Also as mentioned, if you don't care if the trees exist either way, she can always pay to have it removed for you if she's that concerned about the trees assuming that they are otherwise healthy.
Posted by armsdealer
Member since Feb 2016
11500 posts
Posted on 4/12/22 at 10:05 pm to
Neighbors wanted me to cut down two live oaks between our houses after the freeze a couple of years ago. These are 100+ year old trees between 60+ year old houses. First they wanted me to pay for the removal of both, then they wanted to split the cost, then they got actual quotes and were back to wanted ME to pay for both to be removed. Well I had a buddy get them appraised and draft a lawyer letter stating if they touched them we would sue to have them replaced and for some other fluff... they left me alone about the trees after that.
Posted by Thecoz
Member since Dec 2018
2520 posts
Posted on 4/12/22 at 10:25 pm to
Few key points…
If healthy .. act of god covers a lot..ie someone visiting your house and limb falls etc ..their insurance on the hook not yours..

Act of god puts it on others people insurance… fwiw I had a hundred year old oak tree fall from neighbors yard … cross the street and cover half my front yard.. did some damage to me…they can help with damage if nice but not required..

If they want yours down .. if healthy take pictures etc.. get certified if you want but not needed… they have to prove it is a diseased tree.. a potential hazardous .. document this and document they made you aware of it… fwiw I had to do this with my neighbor…. had a Hugh dead pine tree leaning guy over my garage.. took pictures and sent certified letters and sent emails to his office contact ( he was a lawyer)… he took it down

They can trim your tree but can not physically stand on any part as that is trespassing

They can not trim/ damage it to a point of causing it to die/ or be unsightly… if do they can be sued for damage and value of damage tree is set by type (oak) and diameter…this can be thousands to significantly more…

Good luck

Posted by Weekend Warrior79
Member since Aug 2014
16348 posts
Posted on 4/12/22 at 11:12 pm to
quote:

They can trim your tree but can not physically stand on any part as that is trespassing

Some jurisdictions require you to get permission first even if you are only trimming what is over your property
Posted by SlidellCajun
Slidell la
Member since May 2019
10381 posts
Posted on 4/13/22 at 7:18 am to
Maybe I should have her pay to cut them down if she’s concerned.

I have some reservations about that since it opens the door to the potential for other bothersome requests, but in the spirit of cooperation it might be best.

I still might have an arborist opine on them to confirm that they’re healthy
This post was edited on 4/13/22 at 7:21 am
Posted by SaDaTayMoses
Member since Oct 2005
4320 posts
Posted on 4/13/22 at 7:39 am to
I'd let her get rid of the gum tree for sure. They are a PIA. Maybe let her pay to have both cut and hauled off. Get her to grind the stumps also.
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 4/13/22 at 8:11 am to
Agreed. Make her foot the bill and make her do a complete job. If she’s willing to pay for it, she’s sincere and less likely to just be nagging.

But I’d make that the last neighborly concession I’d entertain. Women- especially busybodies with nothing to do- will drive you nuts when they think they’ve found someone willing to comply.
Posted by Thecoz
Member since Dec 2018
2520 posts
Posted on 4/13/22 at 8:11 am to
When I moved into my house another neighbor asked if I would let him pay to have a gum taken down and stump removed.. said it dropped a lot of garbage that ended up in his pool.. I said sure.. I could see his point and it did not add to my landscaping view… he always bought me a nice Christmas snack gift until I moved.. he was a nice person regardless..
Posted by jfw3535
South of Bunkie
Member since Mar 2008
4648 posts
Posted on 4/13/22 at 2:45 pm to
People are fricking nuts. I had a neighbor try to pull this crap with me about 10 years ago and asked me to cut down a perfectly healthy tree on my property b/c of their unreasonable fear that it might fall in a storm and crash through their house (granted, that did happen to them in Gustav from someone else's tree, but not my issue). She sent a tree guy over to my house to say he'd take it down at her expense, but when he inspected the tree he agreed it was a perfectly healthy tree. She even got a lawyer to send me a nasty letter. I wrote the lawyer back and told her to frick off (a bit more politely than that, but only a bit). Never heard from any of them ever again after that. frick that old bat.

Sorry, to go off on a rant, but your post reminded me of that situation.
Posted by berrycajun
Baton Rouge
Member since May 2016
6903 posts
Posted on 4/13/22 at 4:15 pm to
If there’s a hurricane and the tree falls on her property and damages her property, her insurance company has to sue your insurance company to pay for the damages. I THINK. But check into it. Call your insurance company to be sure because if you’re stuck with it and have to pay your deductible. Hurricane deductibles are separate from regular deductibles now. Ours we learned after Ida was 8,000!!! More than the repairs themselves — a 120 foot red oak fell on us. We are in Louisiana, though. However, we personally have not filed any claims and have been with this company for 20 years. I was not happy.

Anyway, call your insurance company to get the details. Every company is different. This was the case with us this year when our neighbor’s 120 foot red oak fell on us. Our neighbors are our good friends, so we all just pitched in and made the repairs ourselves. It didn’t fall in the house just the soffit of the garage. Getting it cut up was the most work. LOTS of firewood. There was some caveat with “if they knew it was rotten”

We have some other neighbors who have what looks to be a rotting red oak that we worry may come down on the house in the next hurricane. We know they know it’s rotting. It’s about 130 feet tall. But we can’t expect everyone to go cutting down all the trees. The trees are the beauty of this neighborhood.

This one really is rotting though. Lots of dead limbs. But we aren’t demanding anything. We haven’t even said anything. We are just going to hope for the best.
This post was edited on 4/13/22 at 4:24 pm
Posted by ScoobyDont
Member since Sep 2016
816 posts
Posted on 4/13/22 at 5:28 pm to
I understand that the law says that if a healthy tree falls on a house (anyone's house) it is an act of God. That is B.S.
If you have a tree that can end up in the living room, that is an act of stupidity.
Posted by ScoobyDont
Member since Sep 2016
816 posts
Posted on 4/13/22 at 6:10 pm to
Would anyone downvoting this care to explain why it is a good idea to have a tree hanging over your house like the sword of Damocles?
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
30144 posts
Posted on 4/13/22 at 6:40 pm to
quote:

quote:

They can trim your tree but can not physically stand on any part as that is trespassing


Some jurisdictions require you to get permission first even if you are only trimming what is over your property




And they need to insure the trimming does not damage the health of the tree in many as well.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
30144 posts
Posted on 4/13/22 at 6:45 pm to
quote:

This one really is rotting though. Lots of dead limbs. But we aren’t demanding anything. We haven’t even said anything. We are just going to hope for the best.


Notify your neighbors of your concerns. Also, take pictures or a video to document that it was an apparent issue.

I was told that, in Louisiana at least, if someone knows or should have known that a tree is a hazard due to it's health you can be sue if it causes damage.

Told this by an arborist and an insurance agent.
Posted by Bayou
CenLA
Member since Feb 2005
36794 posts
Posted on 4/13/22 at 7:03 pm to
Get rid of that Gum tree healthy or not.
Posted by 9rocket
Member since Sep 2020
1205 posts
Posted on 4/13/22 at 7:15 pm to
Years ago our back fence neighbor had a tree that fell or was blown down on our fence in a hurricane, and the insurance adjuster/agent said it was my responsibility to fix the fence, so I did.

Couple years later one of our trees fell/blown down in a hurricane and took out the fence of our side neighbor and lo and behold, the insurance said it was my responsibility to fix that fence as well. I mean, WTF?
Posted by 2 Jugs
Saint Amant
Member since Feb 2018
1849 posts
Posted on 4/13/22 at 9:31 pm to
quote:

One is a gum tree and another is water oak.



Get an approximate age on that water oak. They are good for about 50 years, then start to deteriorate after that. Let her pay to cut it down if it is close to the end of its life.
first pageprev pagePage 1 of 3Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram