dead tree, who’s responsible? - Posted by michaela-ATL
Posted by michaela-ATL on August 04, 2003 at 20:31:10:
This was a 150-year old oak tree, that was perfectly fine, until last week ago. A builder started building on a lot 4-5 months ago. He did apply to the arborist to allow him to take it down, but they did not permit it.
2 months ago a young 1st-time homebuyer bought it. Last week all the leaves on the tree were brown. Of course, it happened, because of the construction so close to the tree (within 10’ ).
I called the builder, because the huge tree is on the property nexr to mine, so I’m concerned. THe builder said, they’d check with the arborist. Well, I called the arborist myself, who checked out the tree and told me, he’d give an order to have the tree taken down within 30 days.
I happened to run into the builder tonight and he sayd, it’s the home owner’s problem now. There’s no proof, that they did anything to the tree and they’re not responsible.
Is there anywhere to check on issues like this? The arborist event old me,t hat 95% of the time with construction that close to an old tree, they don’t survive.
SInce the builder originally planned to take the tree down, if think it’s his responsibility to do it now. It would really be unfair to now put that responsibility on the new homeonwer, who doesn’t have the money, when this tree was killed due to construction.