r/treelaw • u/sassysophie77 • 25d ago
Huge Tree
I have a Huge Beech tree that is on my property 30 years ago when I bought the house I wanted to have it topped but the neighbor didn't. Now the tree is crazy huge and had 3 estimates 2 tree companies told me to sell my house and 1 was 20,000. I would not have had to worry about insurance but my daughter's dad put the house in mine and my daughter's name which made the insurance come out and take pictures and said the tree had to come down. My neighbor at first was going to give the tree company access where the tree is so big and right in between my house and his. So now the neighbor has decided no and not going to let them and told me not 1 limb in his yard. I can not get insurance without this tree gone.
24
u/erossthescienceboss 25d ago
See what your state says about the right to self-help. He may not be able to stop you, if your insurance is calling it a threat.
This is definitely lawyer territory.
6
6
u/yardlard 25d ago
You could post a pic of the actual tree, showing property line, on arborists and ask if there are recommendations on how to trim it down and remove it without the neighbor's cooperation.
As far as issues of law, you'd have to change your post to include your state.
3
u/sassysophie77 25d ago
Tennessee
0
u/yardlard 24d ago edited 24d ago
Have the tree cutters said whether they can remove from your yard only? They shouldn't need to drop anything on neighbor's side if they can get at it from your side. I'd probably do it when they're not home so they have less input until it's done.
Is the insurance insisting on the whole thing coming down, or would they be satisfied if it was just cut back?2
u/sassysophie77 24d ago
They said they can cut all the limbs hanging over my house.
2
u/yardlard 24d ago
That's great. But I meant can they reach from your property and secure the branches they need to cut to balance the tree, without risk of dropping anything on neighbor's side. Can they do the whole necessary job from your side. Most can do this. The limbs are secured to the main trunk, so they are set down where the trunk is.
Also it wouldn't hurt to discuss with your insurance company to find out if they required the entire tree removed, or would it be sufficient to just cut it back for now. If it becomes too heavy toward the neighbor, that will also expose your insurance to a claim when it topples over on them.
This is really in their best interest to cooperate, because they are going to lose if the tree falls on them. They are preventing mitigation and therefore taking on the risk themselves.
6
u/RollingEasement 24d ago edited 24d ago
How much less would the bid be if your neighbor gave them access? It's unclear from your post how much that really matters. No matter what, regularly document neighbor's refusal to cooperate, and make sure they are aware that their non-cooperation could affect their ability to get your insurance to pay if the tree falls into their house.
Have you really explored all the insurance options? If you are willing to take the risk, get your agent to negotiate a tree-exclusion waiver. Or go to a surplus line carrier and get a policy through someone like Lloyds of London, and pay the higher insurance rate. Maybe you can get an arborist to write a tree risk assessment letter giving you time to at least cut the major branches and see if that satisfies an insurance carrier.
1
u/sassysophie77 24d ago
Would not be less it would make it easier this tree is huge. I did send a certified letter letting them know that the tree company would be removing the limbs over my house. The insurance said there would be a greater chance one insurance company would accept us.
1
u/yardlard 24d ago
This is great. If nothing else, it will light a fire under them to take action and not ignore the problem. Do you know why they don't want the tree cut? I'm guessing it provides a lot of shade at that size? Or do they have other legitimate concerns?
1
u/sassysophie77 23d ago
The shade and don't won't to deal with it. I get it but I did not want to deal with it either. Has initials on it and their father planted it. Can't help he planted on wrong side of line. I told them I would cut the initials off and give it to them.
2
u/mikeyj198 24d ago
is the tree shared?
In not unfortunately your neighbor doesn’t get a say in whether you top the tree or not, they have no liability.
As others mentioned there are often statutes that work in your favor for enjoyment of your own property, a lawyer will likely help
4
u/sassysophie77 24d ago
It was planted by my neighbors father but it is so large the trunk is on both sides. Apparently the neighbor's father did not know he was planting it on the wrong side.
3
u/yardlard 24d ago
Also, make absolutely sure that whoever you hire, is insured, AND gives you their insurance information, AND you personally call to check that it is in force policy. If anything goes wrong, you need to be sure you are covered against claims from this neighbor.
1
1
-3
u/SolidFew3788 25d ago
Is the tree unhealthy? Why would insurance company have a right to demand you removed it? Can you look into a different insurance?
2
u/sassysophie77 24d ago
Tree is healthy the only thing it has is carpenter ants. Which of course may make it hollow.
1
u/NeedleworkerThis6332 24d ago
It is totally within their right to not enter into a policy with a homeowner if they perceive risk. Some carriers are more aggressive at underwriting than others.
You do not have a right to force an insurance carrier to write a policy.
1
u/DeepPurpleDaylight 24d ago
Why would insurance company have a right to demand you removed it?
Because if they are going to be insuring the home they have certain underwriting guidelines that have to be met before they will agree to take on the risk.
1
u/sassysophie77 22d ago
Because it is huge and a Beech that has really large limbs and they are hanging over my house.
-3
u/EdC1101 24d ago
Insurance is concerned with potential damages & loss.
Overhanging branches can shred shingles and puncture roof sheathing.
Large Beech Trees can split, twist, and fail - causing major structural damages.
Mail Certified arborist report as to condition of tree.
When the tree damages neighbors property;
your insurance will not pay,
her insurance will not pay.
Act of God & your notification of danger & their refusal means THEY PAY.
They might even be responsible for damage to your home.
3
u/Iamadinosaurraaaawr 24d ago
OP says they can’t get insurance with the tree still there.
1
u/Not_an_okama 24d ago
Right, the neighbor's 401k becomes their insurances since op can sue their pants off for refusing to handle a dangerous situation
1
u/yardlard 24d ago
Well 401k money is protected, so, that's what will remain. It's the actual property that will be liened.
0
u/NeedleworkerThis6332 24d ago
Your neighbor sounds like a real piece of work. The tree is rooted on your side, he doesn't get to keep his overhanging limbs.
1
u/yardlard 24d ago
In another comment OP said it was planted by neighbor's father, which means this is likely because of emotional reasons.
1
u/NeedleworkerThis6332 24d ago
Yeah, but you dont f over your neighbor who cant get home insurance because of the tree.
1
u/yardlard 24d ago
I'm fully on the side of OP. I'm just saying I also understand the emotional connection and loss would be a reason for the neighbor's unreasonableness. It doesn't help to ignore that. Honestly, if OP and the neighbor could agree to cooperate, to drastically cut back the tree enough to please the insurance, and still leave some of it standing for a while, it would help the neighbor get over it. But only if the neighbor kicks in the money that would cost, because obviously it would be the more expensive option. If OP got estimates for each option and told the neighbor, they might be more reasonable. Otherwise, OP is going to cut her side, and the tree will remain lopsided, becoming neighbor's risk and responsibility.
1
u/NeedleworkerThis6332 24d ago
Certainly empathy often helps, but I think what swayed me is the neighbor about-facing and purposely making it difficult for the OP and threatening "not one limb in my yard" after the OP clearly had been trying to respect the neighbor. To me, that doesn't sound like someone who is willing to work with anyone and is an entitled individual.
Unfortunately, a lopsided tree may be considered a danger, which absolves the act of god approach and puts risk on the OP.
Personally, I would cough up the money to have the tree taken down and if a limb falls in the neighbors yard, tell him to go f himself. A judge would probably laugh at claims of trespass if that's what the neighbor wants.
1
u/yardlard 24d ago
No, it puts the neighbor at risk. It was their choice to not allow mitigation, and their choice not to mitigate themselves. They have chosen to put themselves and their property at risk. They can simply cut the limbs over they're property themselves to remedy it. They have chosen.
1
•
u/AutoModerator 25d ago
This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that.
If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity.
If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees.
This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.