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re: Tree and possibiliy of it falling question?

Posted on 9/20/21 at 3:34 pm to
Posted by tigersbb
Member since Oct 2012
12046 posts
Posted on 9/20/21 at 3:34 pm to
quote:

Not really. The op needs to make the owner of the property the tree is on that it is rotten expressing concerns that it could fall.


It must be clearly obvious the tree is rotted. If it is green and leafy and the fact it is rotted is not revealed until it falls the owner is not liable. Strict liability does not apply any longer.
Posted by Ron Popeil
Mississippi coast
Member since Nov 2018
848 posts
Posted on 9/20/21 at 7:33 pm to
quote:

He has no right to have anyone enter his neighbor's property to conduct any such inspection.

An arborist can most likely make an assessment of the neighbor’s tree from his property. Also, drones are now making this easier to accomplish. I have assessed many trees without having to enter the property that the tree is on. I’m an arborist.
Posted by Kmit58
Member since Dec 2020
124 posts
Posted on 9/20/21 at 8:11 pm to
We've cut trees for a neighbor twice. The trees were on our property, healthy, and not leaning but he was concerned that if a storm came that they might reach his house. We never questioned him. He was worried so we cut them down. The first was a massive white oak. The second time was a large ash. Both broke my heart but hey, he was concerned and he was a neighbor.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50633 posts
Posted on 9/20/21 at 9:09 pm to
quote:

That is correct assuming the tree is healthy and in good shape. In this case OP says the tree is leaning toward his property already. I would pay for an arborist to come out and give an opinion on the health and stability of the tree. If they say it should come down then present that to the owner of the property the tree is on and ask them about having the tree removed. If you like the neighbor and want to be nice offer to pay for half. If not, tell them they need to cut it down or they will be responsible when it falls on your house.

This is exactly to the tee what I did. Neighbor had rot at the base with tree leaning towards my house. Paid an arborist to treat my trees and pointed this out. He added it to the report on my trees (there was a borer beetle infestation: I paid to treat and save all my 100+ year old oaks. Many neighbors lost their trees) and I pointed out to my neighbor that his tree was dying and had roots rotting out. He had a company come out and take it down and grind up the stump the next week.
Posted by Screaming Viking
Member since Jul 2013
5561 posts
Posted on 9/21/21 at 6:54 am to
quote:

Wrong. No you cannot. Not in La. YOu have to get your neighbor's permission.


Ha! Guess my insurance company told me wrong. Thanks!
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