Legal question

[MidwestTree]

A guy I know (Dave) owns a rental property in town which he is trying to sell it. Had it sold once and the neighbor came over treating the buyer that he would sue them to remove a tree in the front yard. The sale then fell threw. Since this neighbor contacted the city and had them come in and tell Dave to remove the tree. I haven't looked at the tree yet but from what I have been told it has a small crack between forks that has been there for years and has changed.

My question is does the neighbor or the city have the right to come in and tell the home owner to remove it. The city doesn't have any ordinances in place for trees. There is also city trees all over town in much worse shape.

 

[Stumper]

Even with ordinances-- having the "right" to tell someone what to do on their own property is debatable. Be realistic though-If there is a documented suspicion of a hazard concerning this tree then he ought to remove it for his own protection. I suspect that the tree wasn't the reason the sale fell through -rather the revelation that the neighbor is a horse's behind. Cut it down and hope that the next buyer either A. doesn't meet the jerk next door or B. Tell the buyer up front that the guy next door is a jerk and hope that you have a buyer who likes to thumb their nose at the rectally inverted. I think B is the most honorable course.:angel:

 

[geofore]

law questions

Go to www.prairielaw.com and ask an attorney, this is not a law fourm and we don't give legal advice. At best I can send you to a site that does a better job of answering legal questions. My first impression is that if the town didn't issue a written statement, certified mail with the name of the arborist who made the recommendation and evaluation of why the tree has to come down they are trying to buffalo you into cutting the tree. Don't believe what you are told, get it in writing. If the tree is on the city's ROW they can take it down but they don't charge you to do that, the city picks up the tab and sends their own crew.

 

[glens]

Hey Stumper, be a man and do the honorable thing.  Move your swing-set out of harms way instead of foisting your perceived problem on somebody else.

 

[Guy Meilleur]

This is not legal advice--is the ABA (lawyers' union) happy now?:alien:

City does have the right to protect its citizens. Neighbor has same right to protect himself from danger. If it's a crack, why doesn't Dave just have it cabled and braced, and tell the city and the neighbor the risk is lessened to an acceptable level?
I'm sure Dave is an honorable slum--excuse me, land-lord, but rental properties are typically not maintained very well.

 

[MidwestTree]

Thanks for the replies. Wasn't looking for legal advice, just thought I would see what you guys have to say about the subject. Have seen numerous legal questions that pertain to arborist issue and have never had them directed to to a legal site.

I looked at the tree today and would feel fine building my daughter's room under it. I realized who the neighbor is and now have a better understanding. The guy cut every tree down on his lot and wants all the neighbors trees gone. Hates leaves (and living things). The head of street and alley is budies with the neighbor and is the one the told Dave it had to be removed.

I think Dave is going to have a lawer send a letter.

 

[Guy Meilleur]

Originally posted by MidwestTree
I think Dave is going to have a lawer send a letter.

An arborist's report sholuld be part of, or at least referred to in, the lawyer's letter.

Sounds like the street&alley guy's supervisor should be alerted to a cut-happy employee.

 

[geofore]

wasn't ?

You posted it as "Legal Question"? That gives it the appearance of asking for legal advice. Get it in writing is the first step in finding out who is behind the request and do they have a leg to stand on. The neighbor hates trees and raking leaves, he cut all his trees down. It doesn't mean you cut all your trees down to please him or his buddy on Streets and Alleys. Getting it in writing gives you the names of who you have to deal with to resolve the matter. This helps you find out if they are full of it or not.

 

[DDM]

Originally posted by Mike Maas

Now go kick your dog, after all, you own it.

LMAO!!!!

 

[John Stewart]

Originally posted by Mike Maas
I doubt the neighbor would care unless the tree was close enough to his lot as to cause concern.
You right wing conservative whacko's and your notions that you can do whatever you want to anything, as long as you think you own it, irregardless of how it affects others, really gets under my skin. Stumper, I doubt you'd have the same feelings about a hazard tree if it were hanging close to your child’s swing set.
Now go kick your dog, after all, you own it.

Hey Mike
Don't be a dick!
I know it is hard some times but why don't you listen and read before you speak!
I ain't no liberal but he has a point!
And just to prove it how but I come over and kick your dog!
Later
John

 

[NebClimber]

Your tree on your property. City has no say. Neighbor has no say. Guy: The ABA is not a union.

smr

 

[Guy Meilleur]

Originally posted by NebClimber
Your tree on your property. City has no say. Neighbor has no say.
City can cite hazard and order action in writing; they govern public nuisances. Neighbor can cite hazard and send certified letter, after which if tree fails, owner can be found negligent. Both can write and cite all they want, owner still has several options.
Guy: The ABA is not a union.

They function as one, to protect the work and income of their dues-paying members, through intimidation and deceit, just like other unions (imnsho), hence my comparison.

No offense meant if you still belong, and believe in their mission. I don't, and don't.

Anyone kicks MY dog, they're in for a world of trouble.

 

[Guy Meilleur]

Originally posted by netree
Why, ya gonna sic ants on 'em?

Maybe someone from Australia or Massachusetts, where urban and rural myths and legends of tree-killing ants abound, will send me some. Then I'll turn em loose to eat out the brains of anyone so wooden-headed as to kick my dog.

"Cable it/brace it and tell the neighbor to take a flying fûck at a donut."

I agree, except that I'd make that pastry an eclair, or better yet a bear claw. then I'd plant a solid line of trees next to his property. Boxelder, mulberry, you know, special species for the arborphobe.:alien:

 

[NeTree]

Don't forget Bradford Pear, Catalpa, Locust (the thornier the better ), and a few deciduous conifers...

 

[MidwestTree]

Geofore

I shouldn't have titled it as I did.

After looking at the tree yesterday I toldDave that I could cable it to make the city happier. This was just an excuse to have the tree removed. The tree is sound.

The Street & Alley guy reports to the mayor and city counsel. Both of which are worthless.

 

[Guy Meilleur]

Originally posted by MidwestTree
The Street & Alley guy reports to the mayor and city counsel. Both of which are worthless.

But both of whom, being elected, are susceptible to public opinion.

I'll bet the local press would run a good tree story if one was handed to them:
http://www.treesaregood.com/pressrelease/press.asp

Sounds like the cabling will provide a happy ending; good job.