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The Tree Saga (1 Viewer)

Otis

Footballguy
tldr: Hideous, dangerous, dead tree in adjacent yard; neighbor uncooperative; seeking advice/shtick to help resolve.

***

When we look out the window to our backyard, or when we sit in the sun on a warm spring day and look up at a deep blue sky, we see this tree.

It may be the deadest thing in our solar system.  If you dug up the carcass of Abraham Lincoln, it would be closer to life than this tree.  This tree is the thing that nightmares are made of.  As a kid, I remember a few scenes from a few horror movies, and it's probably no surprise that the tree taking Robbie out of his bed in Poltergeist was one of the most terrifying things I saw as a young boy.  This is basically that tree.

We moved into the house last year.  As far as I can gather, not long ago, this was a massive, healthy, vibrant tree, that left a canopy of leaves covering the entire yard.  If you look at my house on Google Earth from recent years, it's a strong healthy specimen of tree.  I suspect that, perhaps in Sandy, the tree must have taken a vicious hit, and probably had multiple large trunks lopped off, and it just couldn't survive.

Not only is the tree terrifying and hideous to look at, it also has that large branch on the left that hangs ominously over our yard, and over my girls' playset.  It's a maiming waiting to happen.  Landscapers, neighbors, and all have often had occasion to look up and comment, "boy, that thing's dangerous."

About 6 months ago I decided to take action.  How can I get this thing removed without (1) awkward exchanges with the neighbor behind us we've never actually met, and (2) without shelling out my usual $5k fee for any household job.  

Plan 1: The Power Company.  I noticed that the tree hangs ominously over these power lines, which connect to a transformer just off to the left, on a pole behind our garage.  So I place a strategic call to LIPA to inform them of a dead tree hanging dangerously over power lines adjacent to a transformer, surely one stiff breeze away from taking out power to this part of town and leaving live wires zapping along the ground like heat seeking missiles chasing small children.  They assured me they would send someone out to "check out it."  I heard nothing about it, and some months later followed up.  I was informed that the tree isn't actually ON the lines, so, sorry, nothing they could do.

Plan 2: The Village.  My town (actually incorporated village) has an app that allows you to dial up complaints about various conditions, and I was informed by a neighbor they might tend to it that way.  I make a formal report through the app, including a picture and all necessary descriptors.  Our immediate neighbor, within a day, even "Likes" the complaint/request, and agrees that the tree "is very dangerous!!"  Yes -- I've got a crowd now.  Surely they'll do something about it!

Well, the Village explained that, because this tree is on private property, it's a "private matter."  

Plan 3: A request to the Neighbor:   I understand that the neighbor behind us, whom I've never met, is an older woman.  Her husband passed some years ago, her children are grown, and she lives there alone.  I wanted to be nice and do the right thing, so first, on a couple of random Saturday mornings, I walked around the block with my 2-year-old daughter in tow in her wagon, and knock on the door/ring the doorbell.  No answer either time.

So, my wife writes out a nice, handwritten note.  In it, we introduce ourselves, mention our concern about the tree and for the safety of our girls, and ask if there is anything we can do.  We even volunteer to pick up the cost for removal.  My wife leaves e-mail addresses, phone numbers, virtually every bit of contact information we could muster.  The odd thing is it's kind of hard to be polite in a note like that one -- you sort of write it like "oh, in case you haven't noticed that massive eyesore of a dead tree in your yard, we did, and can we just please make that go away kthx?"  She can't possibly have ever looked out that tree and thought to herself, after a deep, prideful breath, "What a glorious tree!"  In any event, we did the best we could.

It's been several weeks, and no response.

I subsequently learned that other neighbors adjacent to her property, who had cut back some of the overgrowth from her property over to theirs, had a run-in with her subsequently, in which she raised hell about them cutting her (ugly, overgrown, untended to) plantings.  So, apparently, as I understand it, she's not the most reasonable dealer.

What's next?

As I see it, I've got limited options here.

Plan 4: Certified letter to LIPA.  Neighbors who are cheering us on in ridding the neighborhood of this evil beast have suggested that a formal letter to the power company, sent certified, documented with pictures and indicating that we have consulted an arborist, might get the attention of the LIPA legal department, and spur them into action.  It wouldn't require much time, and maybe I'll do this in parallel with other options.

Plan 5: Formal letter to neighbor.  I suppose it's possible she didn't hear me at the door either time and didn't get the nice handwritten letter left in her mailbox.  Maybe I should follow-up with a more formal written letter, asking, in a nice way, for the same relief, and see what she says.  I'm tempted to make a shticky letter, so at least it could be a little bit of fun in the likely event she rejects our request again.

Plan 6: Just cut the killer branches hanging over our yard.  I'm no lawyer, but I'm told that we have a right of some sort to cut any branches that hang over our property.  That won't resolve the issue entirely -- there will still be an ugly tree, which still will eventually come down.  But at least those large branches that pose the biggest threat could be removed and the most immediate danger would be resolved.  The catch is I would have to have them guys get one of those bucket/lift things into our yard somehow and get up there to cut it from our yard, because I suspect neighbor won't give us access to her yard to have the guys climb the trees and cut from up there.  Maybe not a big deal, I can check with a tree service and get some quotes.  This one can't possibly be more than $500-$1000.  Far less than the usual.

Anyone ever deal with a scenario like this one?  Any advice?  Any shtick suggestions?  I'm open to whatever.

 
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Shtick answer: Ugh. 

Serious answer: You're a lawyer.  Demand letter with nasty legal stuff. 

 
Work the power company angle but I would call them over a certified letter although doing both might be the best approach.  National Grid in my area proactively called our house last week about removing limbs that were hanging over trees.  While I'm sure any power company has a ton of brain dead lazy workers there is definitely a core of folks with some common sense that understand removing the tree is in their best interest.  You just gotta dig for them.

 
I vote plan 5, then plan 6 shortly after. 

Sorry Oats. That sucks. How old are we taking? Old as in that she's just an old widow who still sees the lush tree that was once there and reminds her of her deseasrd husband, or Alzheimer's has possibly set in and there's no reasoning with her?

 
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Purchase a mylar kite and a spool of fine cooper wire.  Launch the kite right before the next lightning storm using cooper wire as string.  Tie string to offending tree.  Tell your children the story of Ben Franklin, the one with the kite, not the one where he shagged half the French court.  Take video of the tree during the storm.. 

 
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STEADYMOBBIN 22 said:
I vote plan 5, then plan 6 shortly after. 

Sorry Oats. That sucks. How old are we taking? Old as in that she's just an old widow who still sees the lush tree that was once there and reminds her of her deseasrd husband, or Alzheimer's has possibly set in and there's no reasoning with her?
Don't know GB.  I've never actually seen her.  There's 10 foot tall bushes between our homes, which are somewhat sparse in winter months, but still haven't had occasion to see her.  I would guesstimate not that old, 60s maybe.

 
Have a certified arborist take a look at it to determine if it is in fact a immediate danger.  If it is (and you still haven't got a response from the neighbor) you can contact the city/county code enforcement office who would probably issue a citation.  If it wasn't dealt with then the town/county could issue a lien against the property. I would think if you had an arborist issue something in writing that the tree posed a danger that the neighbor (if she's not completely mentally gone, which is possible) would take you up on your offer to pay for it's removal.

 
If you handle things inappropriately, this thread could have some potential. 

Make the FFA great again, Oats!

 
Otis said:
tldr: Hideous, dangerous, dead tree in adjacent yard; neighbor uncooperative; seeking advice/shtick to help resolve.

***

When we look out the window to our backyard, or when we sit in the sun on a warm spring day and look up at a deep blue sky, we see this tree.

It may be the deadest thing in our solar system.  If you dug up the carcass of Abraham Lincoln, it would be closer to life than this tree.  This tree is the thing that nightmares are made of.  As a kid, I remember a few scenes from a few horror movies, and it's probably no surprise that the tree taking Robbie out of his bed in Poltergeist was one of the most terrifying things I saw as a young boy.  This is basically that tree.

We moved into the house last year.  As far as I can gather, not long ago, this was a massive, healthy, vibrant tree, that left a canopy of leaves covering the entire yard.  If you look at my house on Google Earth from recent years, it's a strong healthy specimen of tree.  I suspect that, perhaps in Sandy, the tree must have taken a vicious hit, and pro

bably had multiple large trunks lopped off, and it just couldn't survive.

Not only is the tree terrifying and hideous to look at, it also has that large branch on the left that hangs ominously over our yard, and over my girls' playset.  It's a maiming waiting to happen.  Landscapers, neighbors, and all have often had occasion to look up and comment, "boy, that thing's dangerous."

About 6 months ago I decided to take action.  How can I get this thing removed without (1) awkward exchanges with the neighbor behind us we've never actually met, and (2) without shelling out my usual $5k fee for any household job.  

Plan 1: The Power Company.  I noticed that the tree hangs ominously over these power lines, which connect to a transformer just off to the left, on a pole behind our garage.  So I place a strategic call to LIPA to inform them of a dead tree hanging dangerously over power lines adjacent to a transformer, surely one stiff breeze away from taking out power to this part of town and leaving live wires zapping along the ground like heat seeking missiles chasing small children.  They assured me they would send someone out to "check out it."  I heard nothing about it, and some months later followed up.  I was informed that the tree isn't actually ON the lines, so, sorry, nothing they could do.

Plan 2: The Village.  My town (actually incorporated village) has an app that allows you to dial up complaints about various conditions, and I was informed by a neighbor they might tend to it that way.  I make a formal report through the app, including a picture and all necessary descriptors.  Our immediate neighbor, within a day, even "Likes" the complaint/request, and agrees that the tree "is very dangerous!!"  Yes -- I've got a crowd now.  Surely they'll do something about it!

Well, the Village explained that, because this tree is on private property, it's a "private matter."  

Plan 3: A request to the Neighbor:   I understand that the neighbor behind us, whom I've never met, is an older woman.  Her husband passed some years ago, her children are grown, and she lives there alone.  I wanted to be nice and do the right thing, so first, on a couple of random Saturday mornings, I walked around the block with my 2-year-old daughter in tow in her wagon, and knock on the door/ring the doorbell.  No answer either time.

So, my wife writes out a nice, handwritten note.  In it, we introduce ourselves, mention our concern about the tree and for the safety of our girls, and ask if there is anything we can do.  We even volunteer to pick up the cost for removal.  My wife leaves e-mail addresses, phone numbers, virtually every bit of contact information we could muster.  The odd thing is it's kind of hard to be polite in a note like that one -- you sort of write it like "oh, in case you haven't noticed that massive eyesore of a dead tree in your yard, we did, and can we just please make that go away kthx?"  She can't possibly have ever looked out that tree and thought to herself, after a deep, prideful breath, "What a glorious tree!"  In any event, we did the best we could.

It's been several weeks, and no response.

I subsequently learned that other neighbors adjacent to her property, who had cut back some of the overgrowth from her property over to theirs, had a run-in with her subsequently, in which she raised hell about them cutting her (ugly, overgrown, untended to) plantings.  So, apparently, as I understand it, she's not the most reasonable dealer.

What's next?

As I see it, I've got limited options here.

Plan 4: Certified letter to LIPA.  Neighbors who are cheering us on in ridding the neighborhood of this evil beast have suggested that a formal letter to the power company, sent certified, documented with pictures and indicating that we have consulted an arborist, might get the attention of the LIPA legal department, and spur them into action.  It wouldn't require much time, and maybe I'll do this in parallel with other options.

Plan 5: Formal letter to neighbor.  I suppose it's possible she didn't hear me at the door either time and didn't get the nice handwritten letter left in her mailbox.  Maybe I should follow-up with a more formal written letter, asking, in a nice way, for the same relief, and see what she says.  I'm tempted to make a shticky letter, so at least it could be a little bit of fun in the likely event she rejects our request again.

Plan 6: Just cut the killer branches hanging over our yard.  I'm no lawyer, but I'm told that we have a right of some sort to cut any branches that hang over our property.  That won't resolve the issue entirely -- there will still be an ugly tree, which still will eventually come down.  But at least those large branches that pose the biggest threat could be removed and the most immediate danger would be resolved.  The catch is I would have to have them guys get one of those bucket/lift things into our yard somehow and get up there to cut it from our yard, because I suspect neighbor won't give us access to her yard to have the guys climb the trees and cut from up there.  Maybe not a big deal, I can check with a tree service and get some quotes.  This one can't possibly be more than $500-$1000.  Far less than the usual.

Anyone ever deal with a scenario like this one?  Any advice?  Any shtick suggestions?  I'm open to whatever.
buy a pit bull. when neighbor with tree comes over to complain to you about said purchase, negotiate....

 
I'm sure the old lady has a photo of her husband planting the tree when he came home from the Great War, and plenty of others of her kids climbing it and picnics beneath its limbs on warm summer days. It was a simpler time. She probably wonders why you've lived there over a year and never dropped by with a peach cobbler. Now you need something from her and you bet your britches she's giving you the high hat! She loves that old tree and couldn't give two ####s about you and your precious little snowflakes on their fancy swing set. 

Basically, wait for her to die, or move away.

 
I'm sure the old lady has a photo of her husband planting the tree when he came home from the Great War, and plenty of others of her kids climbing it and picnics beneath its limbs on warm summer days. It was a simpler time. She probably wonders why you've lived there over a year and never dropped by with a peach cobbler. Now you need something from her and you bet your britches she's giving you the high hat! She loves that old tree and couldn't give two ####s about you and your precious little snowflakes on their fancy swing set. 

Basically, wait for her to die, or move away.
I want to be friends with you IRL. I'll buy you beer for life and you can just make me laugh forever and ever. 

 
we sort of folded and cut some limbs off a tree that was partially hanging over our neighbors yard. we intended to do it eventually but the old bag moaned and groaned enough that we had them chopped along with some massive half-dead trees we had taken out of the front yard.

she took it as empowering her to tell us how to maintain our yard and the rest of our trees

we planted a new flowering Japanese cherry tree between our two properties. she cut it down and said "a deer must have done it".

2 seasons later we re-planted another.  grew quickly to about 10 feet.  she cut that one down, too. no excuses this time.  we haven't talked to her since.

trees are serious ####### business, gb.  don't get killed.

 
we sort of folded and cut some limbs off a tree that was partially hanging over our neighbors yard. we intended to do it eventually but the old bag moaned and groaned enough that we had them chopped along with some massive half-dead trees we had taken out of the front yard.

she took it as empowering her to tell us how to maintain our yard and the rest of our trees

we planted a new flowering Japanese cherry tree between our two properties. she cut it down and said "a deer must have done it".

2 seasons later we re-planted another.  grew quickly to about 10 feet.  she cut that one down, too. no excuses this time.  we haven't talked to her since.

trees are serious ####### business, gb.  don't get killed.
What the hell prairie are you living on that your neighbors are repeatedly cutting down trees on your property and you're unaware?

 
Real answer with relevant part quoted below:

My neighbor's tree looks like it's going to fall on my house. What should I do?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Therefore, if a reasonable inspection shows that the tree could be dangerous, your neighbor is responsible for the tree removal. If your neighbor does not remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

If you have spoken to your neighbor about the tree issue, and he has not done anything about it you do have laws that protect you. The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed.

Hopefully, you will not have to go that far. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. If you call your municipality, they may remove the tree themselves or order your neighbor to do it.

Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment. A simple call to a utility company may prompt them to remove the tree themselves.

 
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your property line is like the NFL end zone line, it extends vertically to infinity.    If her tree limbs cross that line, or any vegetation, you can cut it back and there is no recourse at all.

so, go talk to her tell her you intend to cut straight up the property line regardless of her approval or plan b, maybe you and I can work something out that won't cost you a penny honey...and you can sweet talk the old hag into some kind of arrangemtn.    if she refuses, cut away and ignore her.

later

 
I have no help but it reminded me of a story.  Friends of mine had a similar issue, but the tree wasn't dead it just hung way over into their yard and dropped crap into their pool.  My friend introduced himself to the relatively new neighbor (7 months or so) and let him know the previous owner kept it trimmed.  The new neighbor went off on him and cursed him out immediately.  My friend didn't take kindly to this, and with one of those extended pole saws he sheared off everything that came over the fence. The tree looked ridiculous (as opposed to the more manicured trimming the old neighbor used to do).  This infuriated the neighbor and he threatened to sue, but apparently you have some right to cut stuff that hangs over the property line.  Neighbor vows to never speak to them again.

Fast forward 2 years or so, neighbor has kept his promise not to speak to them.  My friend is out of town, and his wife falls down the deck stairs resulting in a compound fracture of the ankle.  She is screaming for help, and he just looks over and walks inside.  Doesn't offer to help or call 911 or anything.  She crawled up the steps and had to call someone to take her to the hospital.  We thought our friend was going to kill him (literally), but thankfully their house sold quickly and they ended up moving.

Moral of the story:  People are funny about trees and will use it as an excuse to be a bad human.

 
Cut the tree back to the property line. That way, your kids are safer, and the dead tree is your neighbor's problem fully now. Offer to look into tree removal/ stump grinding services for her, then have them bill her.

 
That tree is so dangerous a squirrel would rather eat an ice cream cone while riding a jet ski than build a multi use development in it.

 
Quite the quandary you have here.  On one hand you want be reasonable, a decent person to live around, etc.  On the other hand your olive branch has been disregarded even dishonored.  I think that you should send one of the lawyerly type letters that give her 30 days to remove dead branches over your yard or you will.  If she fails to respond, bring in the cavalry.  Also, please post pictures as the fallen tree destroys your respective fences.  That looks like a tough job.  TIA.  

 
Ditkaless Wonders said:
Purchase a mylar kite and a spool of fine cooper wire.  Launch the kite right before the next lightning storm using cooper wire as string.  Tie string to offending tree.  Tell your children the story of Ben Franklin, the one with the kite, not the one where he shagged half the French court.  Take video of the tree during the storm.. 
My neighbor that lets his two yippy dogs crap in everyone's yard and doesn't clean it up, had his house struck by lightning this afternoon.  Was at home when it happened too.  I reccomend this over the tree. Very satisfying. 

 
I have no help but it reminded me of a story.  Friends of mine had a similar issue, but the tree wasn't dead it just hung way over into their yard and dropped crap into their pool.  My friend introduced himself to the relatively new neighbor (7 months or so) and let him know the previous owner kept it trimmed.  The new neighbor went off on him and cursed him out immediately.  My friend didn't take kindly to this, and with one of those extended pole saws he sheared off everything that came over the fence. The tree looked ridiculous (as opposed to the more manicured trimming the old neighbor used to do).  This infuriated the neighbor and he threatened to sue, but apparently you have some right to cut stuff that hangs over the property line.  Neighbor vows to never speak to them again.

Fast forward 2 years or so, neighbor has kept his promise not to speak to them.  My friend is out of town, and his wife falls down the deck stairs resulting in a compound fracture of the ankle.  She is screaming for help, and he just looks over and walks inside.  Doesn't offer to help or call 911 or anything.  She crawled up the steps and had to call someone to take her to the hospital.  We thought our friend was going to kill him (literally), but thankfully their house sold quickly and they ended up moving.

Moral of the story:  People are funny about trees and will use it as an excuse to be a bad human.
They were a bad human already

 
Let's be honest. There is 0.0000% concern for the tree being unsafe when the Little Oat Princesses are on that swing set. Otis doesn't like the look of the tree and is trying to bully an old lady into getting what he wants. 

Hold the line, old lady.  #treestrong

 
Zow said:
Shtick answer: Ugh. 

Serious answer: You're a lawyer.  Demand letter with nasty legal stuff. 
What does my demand letter with nasty legal stuff say?  "You better, else I reckon I'mma gonna lawyer you up but good!"?

 
Go Trump on her and build a bigger fence.

Finally solve who F'ed up your front yard landscaping and make a call to them.

Play her in blackjack, if you win the tree goes, if she wins you pay her $60k.

Get online and catfish her.  Pretend to be a pretty blonde and string her along and get her to take out the tree to prove her love.

Identify an extreme diet that involves eating only bark.  Go full beaver and finally win the weight loss competition versus woz.

 
Isn't your wife home all day?  Have her go over there with the kids and chat the old bird up.  If your wife has any kind of charisma, she'll have the hag eating out of her hand in no time.  Invite the bitty over to your house to see the extensive renovations you've done.  Have the wife casually show her how the tree is an eyesore...I mean is a hazard to your little ones.  Offer to split the cost for the tree removal and you'll be set.  If you're wife is too busy taking pilates and tennis lessons, well, can't help you then.

 
My neighbor that lets his two yippy dogs crap in everyone's yard and doesn't clean it up, had his house struck by lightning this afternoon.  Was at home when it happened too.  I reccomend this over the tree. Very satisfying. 
@St. Louis Bob Saw on the Facebooks that there was a house in the neoghborhood that struck by lightning and caught on fire. Their yipy dog ran away. Any chance that is the house you are talking about good bud?

 
What does my demand letter with nasty legal stuff say?  "You better, else I reckon I'mma gonna lawyer you up but good!"?
Your state have any nuisance laws? blawdy blawdy blah the tree is dangerous to the point where it is interfering with the quiet enjoyment of your personal property .. blawdy blah ... Even if it's half baked, it puts some documentation out there saying she had notice that this thing has the potential to hurt someone (i.e. lil' Sally Sue Otis) and it will look even better in the event of an actual incident.

 
you can cut the branches to the property line.  as for the eye sore, nothing you can do about it imo (besides ask her to remove it, which she doesn't have to do)

EDIT: good info can be found here: http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html

If my neighbor's tree branches hang over my yard, can I trim them?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Some, that are considered ornamental or landmark trees, can have an astonishing value of between $20,000 and $60,000. So use extreme caution when tree trimming!

My neighbor's tree looks like it's going to fall on my house. What should I do?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Therefore, if a reasonable inspection shows that the tree could be dangerous, your neighbor is responsible for the tree removal. If your neighbor does not remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

If you have spoken to your neighbor about the tree issue, and he has not done anything about it you do have laws that protect you. The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed.

Hopefully, you will not have to go that far. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. If you call your municipality, they may remove the tree themselves or order your neighbor to do it.

Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment. A simple call to a utility company may prompt them to remove the tree themselves.

 
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Dead? I see buds on some of those limbs. I think its more in a recovery phase. #treestrong
Those limbs are completely dead and have been for a long time imo. 

The good news is dead wood dries out and loses 50% or more of its weight. So when those limbs finally fall on his daughters' heads, we're probably just talking about a grade 2 concussion. They'll be back on the swings within a week.

 

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