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James2

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There is a big hollow tree on the edge of my property that belongs to the neighbor. The woman who lived there ignored my request to have it removed. At one point a tree service knocked on my door about the tree and I sent them to her house. I did send her an email so I’d have proof of negligence if the tree hit my cars or house.

Last summer the house got sold and I thought the inspections would require the removal, but nope! New folks have been there since September. When I met them they asked where the property line was and I walked it with them and explained the tree. They said the seller told them it was my tree. So I don’t know if I should pursue making them take it down and make an enemy, or just use their denial of ownership to pay and get it removed. 

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1 hour ago, Tom Geiger said:

There is a big hollow tree on the edge of my property that belongs to the neighbor. The woman who lived there ignored my request to have it removed. At one point a tree service knocked on my door about the tree and I sent them to her house. I did send her an email so I’d have proof of negligence if the tree hit my cars or house.

Last summer the house got sold and I thought the inspections would require the removal, but nope! New folks have been there since September. When I met them they asked where the property line was and I walked it with them and explained the tree. They said the seller told them it was my tree. So I don’t know if I should pursue making them take it down and make an enemy, or just use their denial of ownership to pay and get it removed. 

I don't understand the problem. Whose tree is it? The responsibility rests with them. Period.

Worried about making an "enemy" because you expect adults to shoulder their own responsibility?

I don't understand the problem.

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I'm way slowed down from just a couple of years ago. Tylenol and BioFreeze do wonders for my back pain.  The acupunture I get from the VA is even better but my appointments were cancelled because of Corona.  I don't get another acupunture until July.

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1 minute ago, crazyjim said:

I'm way slowed down from just a couple of years ago. Tylenol and BioFreeze do wonders for my back pain.  The acupunture I get from the VA is even better but my appointments were cancelled because of Corona.  I don't get another acupunture until July.

Have you tried Aleve Jim?

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3 hours ago, crazyjim said:

I'm way slowed down from just a couple of years ago. Tylenol and BioFreeze do wonders for my back pain.  The acupunture I get from the VA is even better but my appointments were cancelled because of Corona.  I don't get another acupunture until July.

If your searching for options on the back pain you might try Balm of Gilead. Like you I suffer back pain after doing certain jobs around the yard and such. I first discovered this while on vacation in Northern Michigan in Travers City. The store has a web site www.creationphram.com. This is an Herbal Salve and works immediately on sore joints and musicales. 

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Starting to feel like part of a team again on the second day of my new contract despite us all working from home and meeting on Skype only. 

A few issues with connectivity and access to the clients website from my own computer, now sorted - and a bit held back on some things until my work laptop arrives here but so far so good!

A bonus is not having to fill up my fuel tank twice a week - and my insurance company is giving me a £25 refund per insured vehicle due to the sharp drop in accident rates on UK roads.

 

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On 4/18/2020 at 3:57 PM, Tom Geiger said:

There is a big hollow tree on the edge of my property that belongs to the neighbor. The woman who lived there ignored my request to have it removed. At one point a tree service knocked on my door about the tree and I sent them to her house. I did send her an email so I’d have proof of negligence if the tree hit my cars or house.

Last summer the house got sold and I thought the inspections would require the removal, but nope! New folks have been there since September. When I met them they asked where the property line was and I walked it with them and explained the tree. They said the seller told them it was my tree. So I don’t know if I should pursue making them take it down and make an enemy, or just use their denial of ownership to pay and get it removed. 

Tom, some people just can't see the real problem which is the tree and the danger it represents to you. If it were me, I would meet with your new neighbor and explain your concern to them if you didn't already. Tell them that you could force the issue, but you understand that they were miss lead. At that point, offer to remove the tree with their written permission as a house warming or welcoming to the neighborhood gift. A positive approach will be far more effective than a negative one.

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7 minutes ago, my66s55 said:

A positive approach will be far more effective than a negative one.

Thanks Doug for seeing my concern for both safety and good relations with the new neighbors. We’ve had limited interaction so far, especially with the current restrictions.  I will speak with them as the opportunity arises. 

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Tom, just to cover all the bases, check with your insurance people to see if you are covered for damage from the neighbor's tree.  I have a friend who's roof was damaged when a neighbor's tree fell on it - his  home owner's insurance covered  the repairs, not the tree owner.  yeah, I thought that was odd.

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2 minutes ago, Muncie said:

Tom, just to cover all the bases, check with your insurance people to see if you are covered for damage from the neighbor's tree.  I have a friend who's roof was damaged when a neighbor's tree fell on it - his  home owner's insurance covered  the repairs, not the tree owner.  yeah, I thought that was odd.

Depends on the state! My friend in New Jersey brought a brand new Toyota pickup home and that very evening it was crushed in his driveway when his neighbor’s tree came down in a storm. The neighbor’s insurance paid. 

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To me, the situation relates to this. You vehicle gets hit. The resale value of it goes down. You go through the mess of getting it fixed. Your house gets damaged. Same thing. Insurance companies don't care who's at fault. Make a claim, your rate goes up. My attitude to the problem is to take care of it before it be comes a problem. Nip it in the bud.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited by my66s55
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I would think that if the neighbors tree causes damage to your property then the tree's owner is legally responsible. Also you may even have legal rights to remove any branches from said tree if it is over your property line.  I agree with the suggestion to get some background legal issues straightened out first before approaching your new neighbor. Your neighbor may even have recourse against the previous owner if they have recorded that they had misstated the property line. The Title Company that handled their closing should have provided a legal description of the property lines based on the Counties Recorder of Deeds. I wouldn't wait any longer then you have to since the longer you wait you are reinforcing the new owners position in a legal sense. 

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7 hours ago, my66s55 said:

 At that point, offer to remove the tree with their written permission as a house warming or welcoming to the neighborhood gift. 

Nice housewarming gift. Last dead tree I had to have taken out cost me around $1500.

And David's correct. The neighbor should indeed have recourse if the property line was misrepresented.

HOWEVER, adults who purchase property are expected to actually look at and understand the documents accompanying said purchase. 

It's difficult to prove "misrepresentation" if the property documentation clearly shows the property lines...which it almost certainly will.

 

Edited by Ace-Garageguy
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