WWYD: Neighbors and tree issue

[LBW]

Physical Background: We live in a heavily wooded neighborhood. Our lot is 3/4 acre, and we easily have hundreds of trees. We back to wetlands (part of our property is wetlands). The backyards transition immediately from grass to wooded, swampy wetlands.

Personal Background: My neighbor on one side is a spoiled, demanding, single mother of triplets. Her parents live with her, and she also usually has 1-2 other adults living in the house to help care for the kids. Still, I constantly have to listen to her tell me how her life is harder than mine, blah, blah, blah. I work from home, have three small kids, and until this past year my husband traveled 50% of the time. I was often alone for weeks at a time with no help, and my youngest had severe reflux so never slept. Needless to say, I don't have much sympathy for her. She'd never know that, though, b/c I've always been super nice. She comes over about once every couple of months to ask us for a favor - helping to install carseats, looking at her lawnmower - random stuff like like. Almost every time she asks for help, it's at a terrible time - 7:30 AM on a Saturday or just as we're packing up the car to go somewhere. It's very annoying. (Can you tell I'm not a huge fan?)

Tree Background: Last year, my other neighbor's giant oak tree fell onto our property, and hit our house. I was home with my youngest when it happened, and was pretty shaken up. When I had the tree company out to remove the fallen tree, I also asked them to take down some smaller trees. One was a tree on our property line with annoying neighbor. It was leaning toward her yard, so out of concern for her kids I took it down. Result? Not a thank you. She complained to me about some ripped up areas of her lawn, and I had to stop by the following weekend and reseed for her - while she and her parents watched. Nice, eh?

At last, here's the current issue:
She wants us to pay $750 to remove a tree that is leaning over her newly built shed. I'm not sure if the tree is even on our property - if it is, it's barely inside the property line, and yes, we're going to check. It's just inside the tree line - where the lawn meets the wooded area. Tree is not rotten - but it is leaning. It's one of many, many trees that could potentially be questionable. As I said, it's a heavily wooded area. What would you do? Honestly, even if I felt like being neighborly, we just don't have $750 right now, and won't for quite some time. I HATE that she's put us in this position. I feel like she should have asked us if it was okay for HER to take the tree down since that's what she wants to do - and be done with it. Am I wrong? Is my opinion colored by my history with this woman?

I can't believe how much this is bothering me.

[niccig]

We've had some tree issues, a branch of a huge pine tree fell and smashed our neighbour's pick-up truck -so we've had to work a few things out.

1. Find out who's property the tree is actually on.
2. She can legally cut any branches that hang over her property, but she can't remove the tree or do anything to kill the tree.
3. If you don't remove the tree and it does fall and damage her property, the fact that she complained about it to you, can mean your house insurance will not cover the damage.

Our tree had been recently seen by an arborist, no one had complained about it and it was a freak wind storm that brought the branch down, so it was declared an act of god and not covered by our insurance. Our neighbour's car insurance had to pay, we took the tree down and it was a LOT more than $750 because of the size of the tree, we offered to pay our neighbour the $500 deductible on his policy and he wouldn't let us, because we removed the whole tree, and the truck was part of his work, so I think he worked something out with insurance/taxes so he wasn't out of pocket either. So, we have very nice understanding neigbours, unlike you.

If it is your tree, it might be worth having it checked out by an arborist and find out if it is a danger. You might be able to take back branches etc rather than cut it down. If it's not dangerous at all, and she's complaining because she doesn't like it, then she can remove branches to the property line, but can't take out the whole tree (unless you give permission) or damage the tree to such an extent that it then dies.

[elizabethkott]

Any chance you have the $ to hire a tree guy yourself to do an eval of your property, and see what trees/limbs a *professional* deem unsafe?
It sounds like she just put up a shed and doesn't like the asthetic of the leaning tree, rather than being really actually dangerous. And not for nothing, how big is this tree that it requires $750 to take the tree down?
Even invite her outside to hear YOUR tree person tell you the thing doesn't need to come down, and there you have it.
Of course, if it's on HER property, SHE should deal with it. :)

[Tondi G]

I think I would tell her if she wants to have it removed then she can. If it is indeed on your side of the property line and it falls and damages her shed, then you will have to deal with it at that time. If the tree is healthy could you remove branches on her side of the property line rather than taking out the whole tree?

I can't believe she complained about her lawn being a little messed up and asked you to fix it while she watched! I can fully understand why you find her to be an annoying neighbor. In the future I don't think I would be so quick to help her if she comes asking for car seat installs and lawnmowers. She doesn't seem like much of a helpful friendly neighbor... sounds like she has plenty of other adults in her life that can "help" her out with stuff!

[niccig]

And not for nothing, how big is this tree that it requires $750 to take the tree down?


You would be surprised at how much work it is to take a large tree down. Our tree was about 50 years old and over 80 ft tall, and took FIVE guys from 7am until about 3pm. The rotting apple tree by the garage was one guy and about 40 minutes. So it's all about the size of the tree. I didn't realise trees were so expensive - well large ones are when a branch smashes the cab of a pick-up truck.

[niccig]

In the future I don't think I would be so quick to help her if she comes asking for car seat installs and lawnmowers. She doesn't seem like much of a helpful friendly neighbor... sounds like she has plenty of other adults in her life that can "help" her out with stuff!

Ditto. You're busy, she can ask someone else.

[maestramommy]

We just went through our own tree removal situation, although it was all friendly and civil. But here's what Dh found out. IF the tree is on your property, there is still nothing the neighbor can do to compel you to take it down. She can't even hold you liable if the tree falls on her shed UNLESS 1) she got an arborist to take a look at the tree, and certify that it is indeed diseased, damaged, or weakened, and will eventually fall, 2) she sends you a letter to that effect, so now you are aware the tree is an imminent danger, and 3) you still do nothing.

I don't know if the laws are different in your state, but you can probably check it out. We had the same issue with a tree that was dangerous to our house, but it was actually on the neighbor's property. When Dh spoke to him, turns out HE went through the same thing a few years ago, and had to take down a tree on his own dime. So really what we had to do was get his permission to take down the tree, which he gladly did. We also had another tree that seemed dangerous, but the other neighbor basically told us he didn't have the money to take it down. As it turns out, the tree is very healthy, and is actually leaning toward his yard/house, so if it fell, it would most likely fall away from us. Sure hope so, cause it's freakin' huge.

Anyway, IMO she doesn't have a leg to stand on if you don't want to take down the tree. You can tell her you're sorry, but you just don't have the money to pay for tree removal right now, but if SHE wants to pay for it, she has your permission to take it down:loveeyes: But just for backup, I would find out the liability laws. It's a pretty simple matter. I think Dh called the provider for our house insurance.

[niccig]

She can't even hold you liable if the tree falls on her shed UNLESS 1) she got an arborist to take a look at the tree, and certify that it is indeed diseased, damaged, or weakened, and will eventually fall, 2) she sends you a letter to that effect, so now you are aware the tree is an imminent danger, and 3) you still do nothing.



This is what we were told when our tree branch smashed the neighbour's truck. The insurance company called and asked us a number of questions. One was if anyone had ever complained about the tree or told us it was dangerous. The neighbour had complained to the previous owner, but not to us. Apparently branches had fallen before, but none so big, and the previous owner had someone in to trim it. We knew nothing about this.

[ThreeofUs]

Just another view: in our part of the country (midwest, lots of trees), it's an act of god if any tree falls. And whatever property the tree falls on determines who gets to pay to clean it up. If my neighbor's tree falls on my lawn, car, or building - I pay. I would assume that Melinda's caveats would apply, too.

I'd find out what the laws are, and then I'd tell my neighbor she is welcome to trim branches over her shed (if the tree is on your property). But don't let this woman take advantage of you!