Just got a written note from my next door neighbor asking to inspect and cut some of the branches on the tree that is on my property, but can potentially loose brunches during a storm and hit their property (car, gutters, etc)

The tree lost ONE large brunch during the last storm we had, it landed safely on my property.

Overall this is a healthy, fully grown tree.

How much is a tree inspection or trimming is these days anyways?

Should I even care? I hate to spend money on cutting a healthy tree...

Hard to answer without having someone look at it and prices will be all over the place. Every time that I've gotten estimates for tree work they've varied by a huge range. E.g.:

To have an BIG old maple tree trimmed all over the prices were from about $2,000 to $800 but that was many years ago.

To have several about 6" to 8" diameter 20-ish foot long limbs trimmed off of smaller trees that were fairly easy to reach but hanging over power lines to the house was $300 to $150 each.

To have a probably 18" - 24" diameter oak that was about 30' tall standing alone in a fairly easy job that they could just drop it and cut it up from there was from about $1,200 to $500.

To have a very big probably 120' poplar completely removed in what was a fairly tough job given tight surroundings hanging over and between two houses was from $4,500 to $1,800.

Moral of the story - call around and get some estimates.

Right now is probably not the best time to do elective tree work because of the recent storm. However, it might not be a good idea to get someone to check your trees.

I suggest you go and talk to your neighbor and perhaps discuss maybe going in together to have the trees on both your properties inspected if that's what you want to do.

People are paranoid now because of all the storm damage, its understandable. On the other hand, this is probably the most expensive time to get someone to look at your trees.

I am simply the Lorax and am not a Lawyer, but having looked at this when I bought my house and again when a storm knocked down one of my trees, their reason for sending you a note may simply be to establish a legal basis to get you to pay for any damage caused by your trees falling on their property.

Unless they have established a written record saying that this tree doesn't look healthy and we request you take some type of action, if your tree falls on their house or car, you are not liable for the damage.

But if they document their concerns, send them to you and you fail to act, then they or their insurance could seek to recover the cost of any future damage.

As for inspections, they shouldn't cost more than probably $125. I used RTEC after I bought my house to help me gauge the health of several large oaks. They sent out a certified arborist who gave my trees a clean bill of health and then gave me some good tips on what to watch for, things to avoid - especially the good ole boy tree trimming services and such.

I have used Tyson's trees for trimming and have been well satisfied with their service and price. And from experience with a good ole boy, will never do that again.

Tree owner Wrote:
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> Just got a written note from my next door neighbor
> asking to inspect and cut some of the branches on
> the tree that is on my property, but can
> potentially loose brunches during a storm and hit
> their property (car, gutters, etc)
>

Your neighbor is a jerk. Planning for future litigation is just evil. Be careful what you say to him. Put on that fake smile and talk about the weather, nothing else.

Tree owner Wrote:
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> Just got a written note from my next door neighbor
> asking to inspect and cut some of the branches on
> the tree that is on my property, but can
> potentially loose brunches during a storm and hit
> their property (car, gutters, etc)


I hate loose brunches. They're the worst.

__________________________________
That's not a ladybug, that's a cannapiller.

Been there Wrote:
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>
> Your neighbor is a jerk. Planning for future
> litigation is just evil. Be careful what you say
> to him. Put on that fake smile and talk about the
> weather, nothing else.


+1

OP, you may want to talk to an attn. before going forward if yr neighbor is not like a pal of yours, know what I mean?

how pathetic to leave a note when you EFFING LIVE RIGHT NEXT DOOR!!!

Maybe the neighbor just doesn't want a tree on his car. No need to suspect the worst before the tree is inspected. After the storm, a huge branch from a heathy tree on my property fell in my neighbor's yard. It was pure luck it only broke a section of our fence. It cost me 500 bucks to remove the branch and replace the section. An inspection might be cheaper in the long run.

that just sounds like a discussion one should have in person to me...................

Gordon Blvd Wrote:
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> how pathetic to leave a note when you EFFING LIVE
> RIGHT NEXT DOOR!!!

"leave a note" isn't actually what was posted - it was "got a written note" which could suggest any delivery method.

Having a nice conversation is a good way to get things done, but you can't present it as hard evidence in court - a certified letter, return receipt, works a lot better.

===

I've been considering doing exactly that, albeit worded as friendly and diplomatically as possible, to remind a couple neighbors that I have (with permission in one case) allowed both to cross the property line with something in their yards. The only reason I've considered the formal route is because of the interesting historical property silliness known as "adverse possession":

>>> "...The theory of the doctrine of adverse possession is that the
>>> person who holds or uses property adversely against the rightful
>>> owner should ultimately be entitled to own that property..."

which could be a real kick-in-the-teeth down the line.

However...:

===========
"...you can avoid your neighbor's successful claim of adverse possession by removing one of the legal elements required for this claim -- namely adversity.

You have indicated that you have already discussed this with your neighbors. I would suggest that you send them a letter, certified, return receipt requested, stating that you recognize that the shed is on your land and for a limited period of time you are going to permit them to keep the shed on your property.

According to one judge, "If the use by me of my neighbor's land is, on its face, permitted by my neighbor as a matter of neighborly accommodation, the use is not adverse or hostile."

Put a copy of the letter and the return receipt among your valuable papers, and periodically -- perhaps every five years -- renew this permission to your neighbors..."
===========

http://realtytimes.com/rtpages/20030407_adversepossession.htm

so sometimes the ol' certified letter route can be of assistance.

Gordon Blvd Wrote:
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> how pathetic to leave a note when you EFFING LIVE
> RIGHT NEXT DOOR!!!

You are jumping to conclusions and casting unfair judgement, assuming everything that is needed to know to render an opinion is contained in the OP's post. You know nothing of the neighbor's perspective, other than the perceived risk of a tree falling on their property.

The OP did not tell us if that was the first they had heard of the problem. What if the neighbor has been asking nicely for a while if something could be done, nothing was, then the derecho came, a large "brunch" has "loosed", and it was time to step up the "request" with something more firm, perhaps on advice from a lawyer?

When the OP says twice the tree has brunches, it means either a) this is one hungry (and unusual) tree if it is constantly brunching, or b) there is evidence we aren't getting the whole story.

How neighborly will this "bruncher" be if the tree falls on the neighbor's house and insurance denies they need to do anything about it? Will someone not willing to spend a few hundred dollars fixing the issue (or paying someone to verify there is not an issue) fork over tens of thousands to the neighbor to compensate for damage? The neighbor is being smart in a litigious world, not pathetic in a fantasy world where everyone is actually fair to each other.

Va law is pretty clear. If a tree falls across a property boundary, each property owner takes of their own clean-up and own repairs and own insurance claims -- up to the property boundary.

If a tree's branches cross 2 property lines, each property owner can perform maintenance on the tree including removing limbs back to the property line. However, this cannot be done to an extent where it would damage the tree or make it so lop sided that it could fall over.

The only way a neighbor is responsible for another neighbor's property damage is if the neighbor had formally put the owner of the tree on notice that there was a hazardous condition with the tree and to remedy that.

is EMAIL a form of formal notice?

I think only certified letter with receipt is, correct?

The question is moot if you are doing the right thing, which is respecting your neighbor's property and safety by taking care of the issue.

You could hire day laborers. They probably do it for $200-500. This may seem odd but they know how to handle trees since all they ever know is landscaping.