Neighbor disputes

[Greystoke]

Looked at a job today for a past client...he has an approximately 100' tall Douglas Fir tree about 20"dbh, that is root sprung, and ready to fall over at any time(sorry no pics dang it)the tree has about a 60 degree lean to it. I told the guy that I was fairly certain that I could set a line in it and pull it over onto his property but there was a chance that it could settle a little more, and if it does it will get hung up in another pine tree that is on his neighbors property which will keep me from being able to pull it onto his property. I asked him if he could talk to his neighbor and see if it would be a big deal if the tree were to land on his neighbors property, which, other than a couple of barbed wire fences would not hurt anything. It's a long story but basically they do not get along to the point that they both have restraining orders against each other! So he asks if I will go and talk to the neighbor...Okay, so I do and the neighbor says no way! Even though I tell him that there is only a slight chance that the tree will fall on his property if I bring it down, but a 100 percent chance that it will fall on his property, very soon, WHEN mother nature brings it down, but he still refuses:bang: I tell my client I am sorry but do not want to get involved in the dispute, and that he is better off letting the tree fall on its own for now(also advised him to talk to a lawyer and take some pics). I tell him that the only way I can guarantee to get the job done without disturbing his neighbors property is by bringing in a crane, which will be big money. I just wonder if this neighbor could cause trouble if I even drop a little twig or limb or even sawdust on his property, if I bring a crane in? Any advice would be greatly appreciated. Thanks

 

[blueatlascedar]

I despise situations like this and I'd bet many in here have come across more than their fair share. I've been trapped into these before and if I know there is a feud going on I absolutely will not take on the job. To me it isn't worth all the crap you'll take from the neighbor. I've almost come to blows with opposing neighbors already over saw cuttings blowing into their yard, let alone a small limb or stub cut. They will watch your every move just waiting for something to shoot off about. I know work is tight for many, but for me personally, getting into it with a neighbor who isn't writing the check anyways isn't worth the aggravation. Good luck on whatever you decide bro!

 

[Slvrmple72]

Let it fall. It will be less trouble for all involved.

 

[treeslayer]

Walk away, it's a no win situation.

 

[TDunk]

I'd steer clear it of it.
If you take that job, this is what your going to be doing ----->

 

[Sunrise Guy]

Yep, no win. Walk away, and don't go back, if the neighbor's property is involved in any future work you need to do.

Taking pictures is a good idea and, if you want to be proactive in case of any future litigation, and rub the idiot neighbor's face in it, to boot, write up a detailed description of the hazard tree, as you see it, along with the prognosis for its failure, and your recommendation that it be removed as soon as possible. Then, take the document to the idiot neighbor and get him to sign it under a line that reads: "By my signature below I hereby acknowledge that I have read and understood all of the above" Give him and your client a copy. Keep the original. As long as you have accurately described the situation as it presently exists and have pictures to back up your description, the idiot neighbor will, most likely, not have a legal leg to stand on should the tree fall and damage his property, as he was given the chance for remediation and he chose to opt out.

It is amazing, to me, how some people will let hatred consume them to the point where they will get so excited when a chance comes along to mess up and/or interfere with the plans of those they hate.

The way I see it, life is too short to deal with that kind of :censored:

 

[arborist]

simple.
step one:
see if you get the job using extra equipment.
if the price is to high for him,then you know there is nothing to pursue.
if the price is ok and he approves the job then continue to step two.
step two:
have the neighbor sign an agreement that any wood,brush,sawdust,twigs,and or any other tree debris from the tree to be removed should enter his property,you have 1 hr to remove them off his lawn but not guarantee with the sawdust.if he doesn't sign it.then forget about step three.

step three:
perform the job after talking extremely kindly to the neighbor and perhaps even offer to do a small job for him for free.(pick something easy like a small dead tree or perhaps some brush removal.let him know you would be very appreciative if he would let you work this out so everyone wins.
over emphasize the fact that with his help,he would be helping YOU to secure a job,and NOT his neighbor.(he doesn't want to hear about helping or doing anything easy for his neighbor.focus on the fact,that you need help here with the situation.perhaps even bring up,that since he disagreed to let the hole tree "possibly" fall on his land,that it's now going to cost his neighbor allot more money.-he will LOVE this and then just talk straight up,and say look,im not interested in your guys disputes and don't want to be involved.i'd just like you to state in writing that you would give ME not the neighbor a change to cleanup and that you want to work for HIM by not messing up his land.state again that the job is going to cost him much more,but that you would like to remain exempt from any disputes,and would simply appreciate his help for YOU,to be able to provide for YOUR family.
get on his side real good,and provide the small free job for him AFTER you finish your removal,as he doesn't want to give you a hard time knowing your coming right over.heck if the job's worth it,possibly even offer to plant a shrub! and have it sitting aside for him to see in plain sight.
it can and does work.work him good.let him know,your not asking him to help his neighbor,your asking him to help you.
do these things,and you should have no trouble.
however,iv not met either person of course.but if the jobs worth some $.there are ways to safeguard yourself.


step four:
thank both at their homes for helping you make a living and remain neutral.
collect the check.
save a copy of the neighbors waiver and receipt of planting a shrub for example with a total cost of $0.
everyone wins.
good luck!


keep a groundie handy who's SOLE purpose for being there is to watch for and cleanup ANY debris that enter the neighbors property instantly.

you have met with the two.if your not feeling it can be done,then walk away and never look back.don't even think about it again.

 

[capetrees]

I'd have the homeowener call his home insurance people and alert them to the fact that he's trying to avert a bad situation that will go against his insurance. He's trying to avert a problem but the neighbor, who will be effected, won't allow for the problem to be removed. At the very least, this will alleviate and liability the homeowner has for the tree having made the effort. Once the insurance company knows, they can contact the neighbor and let him know he may be responsible for the removal due to his standing in the way. That might change his mind. He knows there is a problem yet disallows the other guy from fixing it. Then I'd have the homeowner call a lawyer to protect himself.

 

[Greystoke]

Thanks a bunch guys. Good advice from all of you! Makes me glad to be on this forum

 

[BlueRidgeMark]

Then, take the document to the idiot neighbor and get him to sign it

I'd be surprised if he signed it, but it's worth a try. When he refuses, just send it to him, registered mail, return receipt requested. That way you and your would-be client have proof that the dimbulb was warned of the danger.

 

[treemandan]

Walk away, it's a no win situation.

bad advise, you should have said RUN. True and utter depravity, lunacy and chaos abound in neighbor disputes. There have been many great movies made on the subject.
What I would have said to the neighbor so I would have a better chance of doing the job:
" Listen, I don't care about what you 2 have got going on but we need to to TCOB ( then point to the guys). We really don't need any more hardship getting it done, its tough enough as is so we are gonna be coming through here with the chipper. OK?"

If they said no at that point I would roll.

 

[Curlycherry1]

Run away from this as fast as you can. Unless a lawyer is involved to determine all property rights in this case then there is a lot more to it than meets the eye. I seem to remember that property lines reach to the sky so if the tree is leaning it is the guy whose property it is leaning over who is responsible, not the guy who's land the tree is growing on.

Some relavent opinions from people that get paid to do this stuff:
A Google search of "neighbor does not allow leaning tree to be removed" turns these and other links up.

http://en.allexperts.com/q/Property-Casualty-Insurance-1544/Neighbor-tree-leaning.htm

http://www.dearesq.com/my-neighbors...perty-can-he-be-held-responsible-for-damages/

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