Posted by JHyre in Ohio on August 06, 2003 at 06:30:05:
The homeowner would probably have to sue - and would probably win based on a negligence theory. Annoying that one has to spend to get someone to do what they should…perhaps small claims court is the way for the homeowner to go.
John Hyre
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.
Any suggestions?
michaela
Re: dead tree, who’s responsible? - Posted by Jeffery (La)
Posted by Jeffery (La) on August 06, 2003 at 09:20:05:
Perhaps your neighbor should contact their insurance company. If the dead tree poses a threat of falling either on your home or on the new construction, the insurance company may pay 100% of the tree removal to prevent any future litigation. Also, have your neighbor call a few tree removal services and see if someone will take the tree down for free. It’s not uncommon here in louisiana for a service to remove trees for free if they get to keep the trees (depending on the size) because they will sell them for firewood. Of course, that’s usually on a lot with several trees but it certainly wouldn’t hurt to ask. As a matter of fact, I know people that have had sold their trees from an unimproved lot to a tree service and made enough money to cover their down payment (conventional financing, yuk) on the unimproved lot.
Jeffery
Lake Charles, LA