Dangerous Trees; Awareness and Rules

Wham! was the sound of a large branch from the elm tree in my neighbor’s yard as it crushed my fence and bounced of my roof.  The limb was likely a foot in diameter at its greatest and possibly 20′ … Continue reading →

is something we forget about often when buying a new home.  About 2 months ago, I was over inspecting a huge and majestic Hackberry tree that is between my house and my other neighbors house and noticed a crack had developed from the crotch of the main branches down to the roots.  I also noticed one of the structural cables I had installed in this tree years earlier was disconnected and no longer active.  This really struck a note of fear in me.  This tree had the potential to cause significant damage and injury for both my family and my neighbor’s family.  I had Dean from Arbor Art out to take a look and his reaction was similar to mine.  Within 12 hours a large logging chain had been installed around the damaged section to hold the tree together.  Dean’s crew came in the next 3 days and removed this tree with significant difficulty due to its size and location.  Removal required a crane set in two different positions and was a slow and methodical process; to the tune of $3900.  This is when Dean and I first noticed my neighbors elm tree.  I contacted my neighbor who was unaware of the issue.  His response was that he could not afford removal.  I understood; but that doesn’t make either one of us any safer.  So what is my recourse in this situation.  This should be confirmed with an attorney, but as I understand it a vertical plane rises up from you property line into the sky.  As a home owner you are responsible for and have the right to maintain any tree branches that are in your “air space” regardless of where the tree trunk is.  Sooo I could pay and deal with it myself.  Sorry, I have already blown my dangerous tree budget.  Also I have to have the condition of this tree properly documented before damage from this tree to my property would be considered my neighbor’s responsibility.  I was told there is a section of codes that can be called in these situations.  Codes can essentially condemn a tree and force removal.  I had hoped my neighbor would react to this issue as I had on the other side of my house but this has not been the case.  I will have to move forward likely with the codes department.  Having to move in this direction rubs me in the wrong direction as I always want to maintain strong positive relationships with my neighbors but I have tried all other avenues.  This brings up how are trees addressed in the course of a pre-purchase home inspection.  Technically, reporting on vegetation is required by the ASHI  standards as it is related to adverse affect on the building.  It is often under reported and under emphasised.  Most new home owners especially are focused on structural and mechanical issues and can get blind sided by a tree that requires removal which is almost always expensive.  So make sure you are maintaining your trees on your current property and are sensitive to trees around any property you have under contract.  Make sure your home inspector is also in tune.   I’ll keep you posted on my tree progress!