Tree down on property line. How do I handle?

[Don_C]

So the guy who hunts my property line facing into my lease...(another topic, elderly man, I gave him permission last week) sent me this pic a few minutes ago while walking to his stand. This tree fell from their property over onto our lease, blocking the access road. It looks like plenty of room to walk and drive atvs under it, but not sure how safe that will be. My feeling is he has to clean it up. Am I correct? Should I contact the leasing company before talking with him? Not sure how to proceed, but I sure as heck can't remove it.

 

[silent death]

Been through this before it's his problem not yours ...we had a rotten tree that was next to our place on the adjacent property and the town made them remove it because it was a hazard...but I will say if u guys are on good terms I would just do it yourself just so no bs starts if ya know what I mean 

Edited November 16, 2020 by silent death

[Splitear]

Yes, that is his tree. He might be able to find someone who'll come clean it up for firewood.

[Don_C]

Oh we are NOT on good terms. This bastard confronted me with a gun in his hand the first time I was on the property and told me how it was going to be. They have box blinds along our line, facing into our side. His brother hunts one of them and is a really nice older gentleman, I met him last week – and I like him.. After talking to him for a while, I told him they could shoot across the line along that stretch, its the only area they hunt near us and we do not hunt it.  Maybe that little bit of good will will go a long way. I'll talk to them this weekend when I go down and see what they say. I love the idea that someone may use it for firewood, but I would bet the logging company will have a problem with that. I'm thinking that is a big liability issue to have someone in there cutting that thing down. I'll talk to him, I know he and the other neighbors do have some pretty big equipment and could probably just pull it down and over, out of the way.  I am a bit apprehensive about contacting the lumber company with any problems. They have been REALLY good to us and I do not, under any circumstances want to create a problem for them. 

 

[Culvercreek hunt club]

13 minutes ago, silent death said:

Been through this before it's his problem not yours ...we had a rotten tree that was next to our place on the adjacent property and the town made them remove it because it was a hazard...but I will say if u guys are on good terms I would just do it yourself just so no bs starts if ya know what I mean 

That made him formally aware and he'd likely would have been financially liable if it came down after such notice. without being able to prove he had knowledge that the tree was a danger it's unlikely that you'd get any where in court. Best to ask him but he is under no obligation. If a wind storm blew his tree on your house it is YOUR insurance that needs to pay. not his. unless he has proven knowledge like a notification. 

 

This looks remote and I'd just get a saw out and remove it. 

[Don_C]

Thats what I'm asking.  I'll talk to him this weekend and see what he says. 

[moog5050]

Culver is right.    Act of God tree falling is the responsibility of the owner where it lays.    Seems wrong since it was never your tree until it fell on your land.  But a good neighbor may just pay for clean up.   

[rob-c]

You said you can’t remove it, I assume you do not have a chainsaw etc? Is this right ? 

[Trial153]

Step one talk to him.

[silent death]

19 minutes ago, Culvercreek hunt club said:

That made him formally aware and he'd likely would have been financially liable if it came down after such notice. without being able to prove he had knowledge that the tree was a danger it's unlikely that you'd get any where in court. Best to ask him but he is under no obligation. If a wind storm blew his tree on your house it is YOUR insurance that needs to pay. not his. unless he has proven knowledge like a notification. 

 

This looks remote and I'd just get a saw out and remove 

Not my post just to clarify I was just answering don c post .

[Culvercreek hunt club]

19 minutes ago, silent death said:

Not my post just to clarify I was just answering don c post .

I'm aware. I was just clarifying that what the town did was "notice" and made him aware of the danger. Could be a game changer for liability. but in a remote setting like this there is no way that neighbor is going to be required to do anything. 

[UpStateRedNeck]

That's a nice dead Ash, perfect starter wood just saying!

[Don_C]

1 hour ago, rob-c said:

You said you can’t remove it, I assume you do not have a chainsaw etc? Is this right ? 

We have chainsaws, but if it is the tree I'm thinking it is... it's like 30" in diameter. Too much for us to deal with.

[Don_C]

28 minutes ago, UpStateRedNeck said:

That's a nice dead Ash, perfect starter wood just saying!

Maybe once the neighbors know I would like it to be removed there will be a volunteer to take the wood. I really have to see how big the tree is though, some of the trees along that line are really large. I am assuming this one is too big for us to handle, maybe that won't be the case, I won't be looking at it until I'm dragging a buck under it on Saturday! Thanks for the input, all. I'll update this weekend, maybe someone here could use the wood?

[rob-c]

17 minutes ago, Don_C said:

We have chainsaws, but if it is the tree I'm thinking it is... it's like 30" in diameter. Too much for us to deal with.

If it is 30 inch across a few cuts up from the bottom and the weight would take care  of the rest. Talk with your neighbor and maybe he would lend a hand, many hand make light work. 

[UpStateRedNeck]

Be very, very careful cutting leaners line that if you do.  I was taught to cut half way through, top down, then cut half way through that in the opposite side you want to finish, then cut the remaining 1/4 from the other side.  If you have a tractor handy give it a tug when it's almost ready to go so you don't bind your saw.

[Don_C]

Be very, very careful cutting leaners line that if you do.  I was taught to cut half way through, top down, then cut half way through that in the opposite side you want to finish, then cut the remaining 1/4 from the other side.  If you have a tractor handy give it a tug when it's almost ready to go so you don't bind your saw.

I have no experience with trees of that scale and am not going to tackle it myself. No time and no inclination to do so. One of the neighbors has an excavator and some really big dump trucks. I will gladly pay him to drag that thing out of the way if I have to.


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[nybuckboy]

I bet it’s not more than 18”. 

[Foggy Mountain]

I don’t think it’s a 30” tree either. I woulda just went up n cut it. No matter who’s tree, who’s responsibility, etc. Who won’t be getting in to hunt. You so imo it’s in your interest to just move it. 

[Pygmy]

Pretty simple..Either cut it out yourself or hire or enlist someone to do it for you....

I am not real skilled with a chainsaw and I really hate to run one, but if that downfall was blocking my road I'd have it cut up enough to drag out of the way in about twenty minutes...

[Don_C]

I don’t think it’s a 30” tree either. I woulda just went up n cut it. No matter who’s tree, who’s responsibility, etc. Who won’t be getting in to hunt. You so imo it’s in your interest to just move it. 

Yeah, well the tree in front of it in the photo is at least 24 in diameter. I strapped to it to pull an atv from a mud hole that’s right where the pic was taken from.

 

 

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[helmut in the bush]

Drive around it

[Don_C]

Pretty simple..Either cut it out yourself or hire or enlist someone to do it for you....
I am not real skilled with a chainsaw and I really hate to run one, but if that downfall was blocking my road I'd have it cut up enough to drag out of the way in about twenty minutes...

Agreed, I should have added that I have an ICD and running a chainsaw is top of the list of things to avoid due to the magnetic field that they generate. I avoid them when at all possible.


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[Jeremy K]

Is this property you own or lease? 

[Don_C]

Drive around it

Yep, for this season for sure, or under it. We only drive the ATVs in that far anyway. What you see way in the background is where we park. My question was simply was the neighbor responsible or not. Nothing more...


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