We had a huge tree (175') uproot (Irma) that was 10 inside our property line. I've a tree surgeon coming over and I planned to pay for the entire removal as well as at least two of my neighbor's trees that were damaged.
I offered to bring some pole saws over so we could clean up whatever branches we could reach were around his house. No actual damage to his house fortunately except for 1 gutter downspout.
When I get there he gives me 2 50 gallon drums and has spent the next two hours sweeping leaves from his driveway while I cut off branches on his property and pile them on my side. I am pissed.
As I said I've elected to pay the tree surgeon but what are the legal responsibilities?
1. For cleanup on his side of the line (which I'm doing)
2. Subsequent damage to his trees. (several)
3. Gutter repair. (When the opposite situation occurred my agent told me for insurance property damage, it's not where a tree starts but here it lands that determines whose insurance pays.)
Any opinions? Right now I'm willing to pay hardball.
You did the right thing as a neighbor in offering to pay for the removal. If he is being a jerk then consult a tree company (that has an arborist) and get the official state stance.
Unless I read wrong - he offered to have the trees removed. Do they even need to be cleaning up branches at this point? Why not wait for those guys to haul the whole thing away?
Keith your summary of the situation is correct.
Yes, I was pissed that he did not offer to help with cleanup on his property.
Tree trimmers estimate hours the job will take so if I can safely do some of the grunt work and trim top branches that are now low to the ground I can save some money.
- I was pretty sure I am not responsible for damage to his house. (e.g. the downspout.) but wasn't clear on who had to pay for removing his trees (big ones) that were damaged by the tree from my property.
BTW this is South Carolina in a heavily wooded area.
1. Just take care of it and move on.
2. Make your neighbor aware that it's not your responsibility to clean up or pay for. You can offer to split the cost or just take care of your property. You can also let him know and tell him that you can help clean up each others property.
3. Just take care of your property and let him figure it out on his own.
Now, I understand your frustration that your neighbor didn't help, but I think you should go with option 1. Why make waves over something so stupid that could effect so much more? You were willing to take care of it initially, before you got annoyed, why not just take care of it and move on?
Keith your summary of the situation is correct.
Yes, I was pissed that he did not offer to help with cleanup on his property.
Tree trimmers estimate hours the job will take so if I can safely do some of the grunt work and trim top branches that are now low to the ground I can save some money.
- I was pretty sure I am not responsible for damage to his house. (e.g. the downspout.) but wasn't clear on who had to pay for removing his trees (big ones) that were damaged by the tree from my property.
BTW this is South Carolina in a heavily wooded area.
I guess I was thrown off by the fact that you offered to pay for the cleanup. IMO, once you've done that - you've basically admitted that it's your responsibility.
Not saying that it is - from what's posted above, it's pretty clear that it's not - but maybe there are some mixed signals here if you implied it was on you at first and now you're backing off that stance a bit?
1. Just take care of it and move on.
2. Make your neighbor aware that it's not your responsibility to clean up or pay for. You can offer to split the cost or just take care of your property. You can also let him know and tell him that you can help clean up each others property.
3. Just take care of your property and let him figure it out on his own.
Now, I understand your frustration that your neighbor didn't help, but I think you should go with option 1. Why make waves over something so stupid that could effect so much more? You were willing to take care of it initially, before you got annoyed, why not just take care of it and move on?
Keith, thanks for the advice.
I may have to go with option 2 (pay most but let him know the law) since he is now talking about the two story gutter downspout damage and remounting a wire (30'up another tree) for a bluebird feeder - which had nothing to do the the fallen tree (but as long as the tree cutter is here......) BTW he told me he wanted it cleaned up in the next month because the house goes on the market in November!
Now out to the yard again :)
That is the epitome of well its not my fault thinking. Tell this guy to go pound salt. Your flipping the bill for an act of god, no insurance company that you have would pay for his damages or clean up because it isn't your responsibility. It is however your neighbors. Tell him your rescinding your offer to pay. (Kidding) No your being the bigger man so don't stoop to his level.
You can however mention to him that By Law, you do not have to pay for this at all. You are doing it because YOU FEEL IT IS THE RIGHT THING TO DO. That should send the message to him to stop being an asshole about it.
If he doesn't get the message, at least you know for the future what kind of person he really is
That is the epitome of well its not my fault thinking. Tell this guy to go pound salt. Your flipping the bill for an act of god, no insurance company that you have would pay for his damages or clean up because it isn't your responsibility. It is however your neighbors. Tell him your rescinding your offer to pay. (Kidding) No your being the bigger man so don't stoop to his level.
You can however mention to him that By Law, you do not have to pay for this at all. You are doing it because YOU FEEL IT IS THE RIGHT THING TO DO. That should send the message to him to stop being an asshole about it.
If he doesn't get the message, at least you know for the future what kind of person he really is
The last straw was I learn from his wife that he's gone bowling all afternoon 'til 6PM (I gave up tennis this AM) and leaves for 2 week vacation tomorrow!