Dying tree fell, who is liable?

Re: Dying tree fell, who is liable?

PostBy: scalabro On: Thu Jul 10, 2014 7:44 am

Here you go Mark, a picture of the diseased tree notch, and do you guys want me to switch my name back? Hahahahahaha!

The tree fell from the rot at its notch, IMHO, the owner should have been aware of this.
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scalabro
 
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Re: Dying tree fell, who is liable?

PostBy: 009to090 On: Thu Jul 10, 2014 7:53 am

All this, for a branch? :o I was thinking a 30" diameter Oak....
009to090
 
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Re: Dying tree fell, who is liable?

PostBy: scalabro On: Thu Jul 10, 2014 8:07 am

009to090 wrote:All this, for a branch? :o I was thinking a 30" diameter Oak....





All what?

I'll have it cut up with my saw and removed in 30 minutes.

Again, what I'm asking is can anyone quote Ma. law regarding owner negligence & trees?

Not trying to stir the pot just looking out for my own best interests for future events as the whole tree line there is dying.
scalabro
 
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Re: Dying tree fell, who is liable?

PostBy: ONEDOLLAR On: Thu Jul 10, 2014 8:45 am

Gekko

This is pretty much on point...

Ponte v. DaSilva, 388 Mass. 1008 (1983). "The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor's property is not unreasonable and cannot be the basis of a finding of negligence or private nuisance."


That is why I asked if the owner had started to cut down the tree in the past and the didn't. That could change the scenerio. However the 'notch" you are showing is a natural part of said tree. You are on your own in a legal sense. Now it would be nice if your neighbor helped you. but after all this is Massachusetts. A place not known for having neighborly neighbors.
ONEDOLLAR
 
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Re: Dying tree fell, who is liable?

PostBy: scalabro On: Thu Jul 10, 2014 8:54 am

Thanks for the tech Mark.

So the rot and hollow part of the tree is not part of the equation?

I read that too and I thought it applied only to a healthy tree.

My point is the tree is not healthy and the owner should be aware of it, and take steps to avoid it from dropping.

No worries, since the tree line is dying I've scheduled a "Consulting Arborist" to come and write up a report to send to the owner and my ins. co.
scalabro
 
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Re: Dying tree fell, who is liable?

PostBy: ONEDOLLAR On: Thu Jul 10, 2014 9:18 am

There is some case law against City and Town governments concerning unhealthy trees, once they have been notified. But pretty sure you are on your own with this one.
ONEDOLLAR
 
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Re: Fallen dying tree libility?

PostBy: I'm On Fire On: Fri Jul 11, 2014 8:25 pm

scalabro wrote:So its up to me to keep tabs on my neighbors trees? On would think it would be the owners responsibility.


My neighbor used to have all these Forsythia bushes and they constantly overgrew into my yard to the point where I couldn't even park my own vehicles. I kept asking her to have her son come over and trim them up. She ignored me, so on the 3rd time I warned her; "The next time I have to ask for your son to trim these bushes back I'll just clear cut the entire area between our houses." I waited about 3 weeks and then asked her again. When she ignored me I went into my basement and got my chainsaw. I cut everything down that was overhanging into my yard. I took whatever growth was there right down to the ground. The next day I came home from work and she was standing outside waiting for me and as soon as I got out of my truck she laid into me and I just replied with, "Look, I asked you to have your son come by and trim them up. He lives two blocks away and you refused. I warned you what would happen and gave you ample time to have it done. You ignored my requests."

She refused to speak to me or my wife for a few months then forgot why she was mad at me and started talking to us.

I also have another neighbor on the corner of my yard who had a tree fall from his yard into mine. He refused to take care of it. So, one day when he wasn't home I cut it up into manageable sized pieces and dragged it back into his yard and just left it there where it sat for about 9 months before he finally took care of it. I've had tree branches of mine fall into his yard and I was prompt to take care of them. If it's from my yard and it ends up in your yard I'll clean it up.
I'm On Fire
 
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Re: Dying tree fell, who is liable?

PostBy: ONEDOLLAR On: Fri Jul 11, 2014 10:07 pm

I'm On Fire wrote: I've had tree branches of mine fall into his yard and I was prompt to take care of them. If it's from my yard and it ends up in your yard I'll clean it up.


And that is being a good neighbor. Sadly in this State people are often not so neighborly. There is a reason why people here are called MASSHOLES. :cry:
ONEDOLLAR
 
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Re: Dying tree fell, who is liable?

PostBy: scalabro On: Sat Jul 12, 2014 6:42 am

I always thought they were all east of "Wustah"......they are everywhere.
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Re: Dying tree fell, who is liable?

PostBy: Sunny Boy On: Sat Jul 12, 2014 6:58 am

scalabro wrote:I always thought they were all east of "Wustah"......they are everywhere.


Yup, everywhere ! We've no shortage of bad neighbors here. :mad:

Paul
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Re: Dying tree fell, who is liable?

PostBy: CapeCoaler On: Sat Jul 12, 2014 9:46 am

I got a 120ft retaining wall due to a "masshole"...
$15500 retail but did it ourselves for about $5000...
It makes him so mad because we did not build it the way he wanted it built...
He put a fence in front of it so as not to look at it...
It is a very nice Keystone Block wall...
He wanted landscape timbers...
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Re: Dying tree fell, who is liable?

PostBy: Lu47Dan On: Sat Jul 12, 2014 10:48 am

All a consulting arborist can do for you is look at the trees from the ground on your side of the property line. Unless he can get permission to get onto the neighbors property, which if the neighbor thinks it will eventually cost him money, will be hard to get.
Cut the limb up and send the neighbor a certified/registered return receipt letter containing a letter notifying him of the hazard. Than keep a copy of the letter and the receipt in a file. Might come in handy if the tree falls and someone is injured by it. Not much help if the tree falls on your house but would be proof that he ignored a hazardous condition.
I had a friend whose neighbor was always bitching about the spruce wind break that sheltered the neighbors house, said it blocked the view. The wind break had been planted before the farm had been broken up into lots, the way the lots ran the wind break ended up being included on my friends property. He got tried of the neighbors whining about it and had a tree cutting party in Earth Day. We fell the trees drug them down to the one field and trimmed then up, piled the branches up cut the trunks up into logs and stacked them for him to cut into boards and then burned the pile once the stumps had been removed and added to it.
The neighbors was now happy until the fist big snow storm came and he could not get out of his driveway as it had 3' drifts in it. He had to buy a bigger tractor to keep his driveway open while the new wind break he planted on his property grew up to shelter his house and driveway. :taz:
Dan.
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Re: Dying tree fell, who is liable?

PostBy: SMITTY On: Sat Jul 12, 2014 11:20 am

Thankfully I've never had to deal with this scenario, especially in some of the neighborhoods I used to live in. :shock: I was always under the impression that if it's on your land, it's your fault - I'd expect nothing less from the state of MA than to blame you for something entirely out of your hands ...

Now, I'd be willing to bet, if a tree on YOUR land fell and wiped out the power, cable, and telephone lines, someone would be knocking at your door with a 6-figure bill .... :roll:
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Re: Dying tree fell, who is liable?

PostBy: Wiz On: Sun Jul 13, 2014 7:47 am

I had neighbor's tree fall on my silverado causing major damage. I can only speak how Pa works. Only way neighbor would be responsible is if you warn him of tree being in poor condition and have pictures for proof. My insurance company pay for damages while I got stuck with deductible :mad:
Wiz
 
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Re: Dying tree fell, who is liable?

PostBy: freetown fred On: Sun Jul 13, 2014 7:50 am

Plus a rate increase??????????????
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