tree disputes

[treeman82]

I am sure that plenty of you guys have dealt with tree disputes when working at a client's place. How many of you have actually gotten into disputes about trees with your own neighbors though?

 

[treeman82]

Might as well post what happened.

We have about 20 or so white pines next to our driveway which separates our property from our next door neighbor. They are the wrong tree for the wrong place. For the past 7 years or so I have been the proverbial dog with the steak... I've wanted to take them down for a long time, if I even touch them, or look at them wrong I get yelled at. Everybody realizes that they should go though, just nobody wants to take responsibility for them. Anywho, new owners next door are putting in a foundation drain which means that they are cutting a 14' deep trench on the back side of the white pines maybe 8 feet away from the trunks. Should these trees go, they will wind up on our property. I've taken the proper actions so far... told the neighbor calmly what was up, and took a couple of pictures for future insurance purposes should the need arise. All that is left to do is wait and see what happens.

 

[MasterBlaster]

Eight feet? Them boogers are goners, I bet!

 

[Florida16]

 

[John Stewart]

Originally posted by treeman82
Might as well post what happened.

We have about 20 or so white pines next to our driveway which separates our property from our next door neighbor. They are the wrong tree for the wrong place. For the past 7 years or so I have been the proverbial dog with the steak... I've wanted to take them down for a long time, if I even touch them, or look at them wrong I get yelled at. Everybody realizes that they should go though, just nobody wants to take responsibility for them. Anywho, new owners next door are putting in a foundation drain which means that they are cutting a 14' deep trench on the back side of the white pines maybe 8 feet away from the trunks. Should these trees go, they will wind up on our property. I've taken the proper actions so far... told the neighbor calmly what was up, and took a couple of pictures for future insurance purposes should the need arise. All that is left to do is wait and see what happens.

You know 82 you posted the same reply a while back except that time it was River Birch. You got to have a big driveway! or is this the other side

 

[treeman82]

The driveway is something like 170 feet long. You come down and right away on the right you have 2 river birch trees. They are maybe 5' away from eachother. Then you go down a little ways and you have about 20 white pines boom boom boom, maybe 3' away from eachother with a little larger break every once in a while from where one or two were removed in the past. The white pines are only like 40 feet tall or so. The river birches, I measured their calipers yesterday, 30" rough abouts.

 

[xander9727]

An then send the neighbor a bill.

 

[Guy Meilleur]

Originally posted by treeman82
I've taken the proper actions so far... told the neighbor calmly what was up, and took a couple of pictures for future insurance purposes should the need arise. All that is left to do is wait and see what happens.

Maybe not. Since the trench increases windthrow risk, have you even contacted your insurance co. about their increased liability risk?
Whose side of the line are the trunks on?
Have you researched local case law in this area?
Did the neighbor get a certified letter with a lawyer's or insurance company's letterhead?

The effect of a trench 8' away has a lot to do with the rest of the root zone. Any % of root loss <40% may well be survivable.

 

[Toddppm]

Originally posted by Guy Meilleur
Maybe not. Since the trench increases windthrow risk, have you even contacted your insurance co. about their increased liability risk?

In these times I wouldn't call my insurance company unless it's an absolute emergency. They're looking for any reason to cancel or raise home owners insurance. These trees are on a 170' long driveway? What's the target? 8 ft. away from a 40' Pine doesn't sound like it'll affect them much , maybe wishful thinking that they'll fall over ?

 

[treeman82]

Some of the trunks are on their side of the line, others are on ours. They have pretty much always been the percieved property line though. I haven't done any research as of yet into local case law. The neighbor hasn't recieved a letter, nor do I think my father will ever send one as he is old and a pain in my ass. The target for the river birch trees is really nothing, plus they weren't effected a great deal. The white pines though are a different story. At best they would fall on the front yard and crush some shrubs I planted or fall into the back yard, at worst they would fall on the house, in between they would fall on my car. I'll see what I can do to get some pics today on the digital cam.

 

[Nickrosis]

And verify the lot line. A survey may come in handy for other things, too.

 

[treeman82]

It would cost $1,200 to have 4 pins found or marked or whatever.

 

[Nickrosis]

I think it's money well-spent. Think of what it could save you..... and not just in the situation. You could find out a lot about your lot.