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Message
Taking Care of Huge Pine Trees and Liability
Posted on 4/15/19 at 2:54 pm
Posted on 4/15/19 at 2:54 pm
Bought a house relatively recently in BR. The backyard has a couple pretty large pine trees. Probably 30-50 feet if I had to guess. The trees are planted in the corner of my yard, and overhang 3 others. They drop crap all over our 4 yards and homes, but they are really nice and provide plenty of shade for all 4 of us....... Being new to home-ownership, I am curious about these things. I keep getting mixed answers and comments from people with no experience or knowledge on the topic. Sorry if these are stupid questions, but I am also one of those people who has no experience or knowledge on the topic.
Is it 100% my responsibility to care for these trees? I have no reason to believe they have any structural problems, but do I need to get an arborist out here to look at it anyway? If so, how often do I need to get somebody to look at these huge pine trees?
If the arborist determines it needs to be taken down or trimmed, do I have to pay for everything? Do I carry 100% of the liability of these trees falling on someone else's home?
For example, there is one massive branch that basically goes over my neighbors entire house. It would make sense to me that it is his responsibility. Its not like he doesn't know its hanging right over his house. If the arborist says it needs to be trimmed, it seems like a large decision and cost I would be making for something that effects his property. If he wanted to cut it off the tree, does he have to get my permission first?
Is it 100% my responsibility to care for these trees? I have no reason to believe they have any structural problems, but do I need to get an arborist out here to look at it anyway? If so, how often do I need to get somebody to look at these huge pine trees?
If the arborist determines it needs to be taken down or trimmed, do I have to pay for everything? Do I carry 100% of the liability of these trees falling on someone else's home?
For example, there is one massive branch that basically goes over my neighbors entire house. It would make sense to me that it is his responsibility. Its not like he doesn't know its hanging right over his house. If the arborist says it needs to be trimmed, it seems like a large decision and cost I would be making for something that effects his property. If he wanted to cut it off the tree, does he have to get my permission first?
8
Posted on 4/15/19 at 3:08 pm to GeauxPack81
Wrong.
Posted on 4/15/19 at 3:09 pm to GeauxPack81
Cutting through all the bullsit...
Remove those trees asap.
Remove those trees asap.
Posted on 4/15/19 at 3:15 pm to GeauxPack81
It is within your neighbor's rights to trim the parts of the tree that overhang his property line. BUT, the tree ultimately belongs to you. If you want to cut it down or trim it extensively, you can do so (though from a practical standpoint, you may need permission to traverse his property to do so safely).
Do not expect your neighbors to share in the cost of cutting/removing trees that are YOUR property. Definitely get an arborist to look at the trees and assess whether trimming is practical or beneficial, or if removal is the better course. (And start saving now to pay for tree removal.)
Do not expect your neighbors to share in the cost of cutting/removing trees that are YOUR property. Definitely get an arborist to look at the trees and assess whether trimming is practical or beneficial, or if removal is the better course. (And start saving now to pay for tree removal.)
Posted on 4/15/19 at 3:40 pm to GeauxPack81
In most states, as long as the tree is healthy, you bear no liability if it blows over, or falls and damages anything. If one of the trees or limbs becomes compromised, diseased or dies, you are liable for any damage should the tree cause any damage.
Posted on 4/15/19 at 4:13 pm to HonoraryCoonass
quote:
In most states, as long as the tree is healthy, you bear no liability if it blows over, or falls and damages anything.
It varies from state to state. In Louisiana, on the insurance side of things, a tree that falls from a neighbor's property onto adjacent property gets pursued for subrogation. If the tree is healthy, it is the removal cost only, if the tree was known to be unhealthy then the entire loss could be subrogated against.
Posted on 4/15/19 at 5:12 pm to GeauxPack81
quote:
If the arborist determines it needs to be taken down or trimmed, do I have to pay for everything?
yes, its your property and your tree
quote:
Do I carry 100% of the liability of these trees falling on someone else's home?
no, its called act of nature or act of god and unless they can show proof it was inevitable and foreseeable they were in imminent danger of falling and then you failed to take preventative action to avoid it, then you are not at all liable for any damages and that falls on their own homeowners insurance to cover, not yours.
PS - i spoke to a lawyer about this because our neighbor has a giant pine that looks like it will at some point fall in our yard and cars and most likely the house as well. we were told we can only force the land owner to cut branches that overhang our yard but cant force it to be cut down even if we pay for that. only way is if we get his permission in writing or pay him to get it cut down
This post was edited on 4/15/19 at 5:17 pm
Posted on 4/15/19 at 6:36 pm to GeauxPack81
Why is everyone looking to cut trees down?
Those trees provide shade, which you'll appreciate in the summer, and provide privacy.
Who wants to look at an ugly privacy fence or the back yard of some other house?
Give me the trees and I'll worry about their falling when they do, which could be 50 years from now
Those trees provide shade, which you'll appreciate in the summer, and provide privacy.
Who wants to look at an ugly privacy fence or the back yard of some other house?
Give me the trees and I'll worry about their falling when they do, which could be 50 years from now
Posted on 4/16/19 at 8:24 am to GeauxPack81
quote:
The trees are planted in the corner of my yard
They are 100% your trees and 100% your responsibility.
quote:YES
Is it 100% my responsibility to care for these trees?
quote:YES
If the arborist determines it needs to be taken down or trimmed, do I have to pay for everything?
quote:You and your homwowners insurance??? Not totally sure
Do I carry 100% of the liability of these trees falling on someone else's home?
This post was edited on 4/16/19 at 8:26 am
Posted on 4/16/19 at 9:00 am to GeauxPack81
quote:First there must have been a defect in the tree. Second, the complaining party must prove you either knew of the defect, or from visual evidence before the fall, should have known of the defect.
Do I carry 100% of the liability of these trees falling on someone else's home?
Posted on 4/16/19 at 1:17 pm to East Coast Band
quote:
Why is everyone looking to cut trees down?
Cause its an ugly pine tree.
Cut it down and plant something better. Oak would be my suggestion. Your grand children will enjoy that tree.
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