Dead trees and neighbors, ugh

[Spryte]

Our neighbors have a couple of dead trees poised to fall on our property.  Really dead, not just sickly trees.  The top has already fallen off one of them into our yard.

One will hit our fence, which is manageable, but would be a pain in the neck.  The other though, is leaning toward our pavilion and cookout area.  The pavilion is pretty special - former owner’s dad (architect) came over from Germany to build it.  Special construction, contractors here always marvel at it.  Hand hewn, no nails in most of it.  We couldn’t replace it.

We are willing to have the dead trees removed, but need to talk to the property owner.  They probably have no idea, as it’s at the back of their lot, in the woods.  But they are sort of prickly, ugh.  

I am thinking of sending a text to her, but need to word it in a way that won’t offend.  Any tips or tricks?

The pavilion we want to save, dead tree behind it, not terribly visible in this view, but definitely aimed at the pavilion:

 

Edited July 9, 2021 by Spryte

[freesia]

Prickly people are hard. I can’t imagine minding someone offering to remove a dead tree. 

[Spryte]

9 minutes ago, freesia said:

Prickly people are hard. I can’t imagine minding someone offering to remove a dead tree. 

I hope she takes it well!  I just need to come up with the right words now.

[Harriet Vane]

I think a face to face conversation might be a safer bet?

[Spryte]

14 minutes ago, Harriet Vane said:

I think a face to face conversation might be a safer bet?

I wondered about that, so much is lost in text.  I fear that a text out of the blue asking to meet at the back fence in the woods might worry her more?  We don’t ever just see each other, our properties back up to each other.  
 

I just want her to know our intentions are good, we aren’t accusing or upset or even asking her to cover the cost.

[freesia]

Couldn’t you just text— Hey, we noticed some dead trees at the back of your property that may fall on our pavilion. We would like to pay to have them removed. Can we talk sometime to discuss? Short, upbeat, clear 

[Catwoman]

7 minutes ago, freesia said:

Couldn’t you just text— Hey, we noticed some dead trees at the back of your property that may fall on our pavilion. We would like to pay to have them removed. Can we talk sometime to discuss? Short, upbeat, clear 

I like this idea a lot — there is no accusation, and it lets them know immediately that Spryte isn’t asking them to pay for anything. 

Maybe she could be more specific than “some time” about when she’d like to talk to them, though, because it sounds like she wants to get the trees removed soon. 

[katilac]

Why would you start off by offering to pay for removal? That is 100% their responsibility. 

"I noticed you have some dead trees near the back, where you probably can't see them. I wanted to let you know so that you could have them removed, bc your insurance rates will probably go way up if they fall (they're situated where they'd probably fall on our fence and pavilion, and the pavilion would be a really expensive claim bc it's special construction). I know a removal service with good rates, lmk if you want the number." 

1 hour ago, Harriet Vane said:

I think a face to face conversation might be a safer bet?

Possibly, but I'd follow up with a text either way: get it in writing that they are aware of the dead trees. In most areas, the person with the damage files the claim, UNLESS the neighbor knew of the hazard and ignored it. 

[pinball]

You just need to go knock on their door dressed like this.

They’ll get the point.

No conversation needed.

[katilac]

I meant to add that I probably would pay for removal if needed to save an important item, but I wouldn't start there, lol. Tree removal is muy expensive. 

Scratch that, I wouldn't pay for removal, I'd pay to have them cut short enough to not fall on my stuff. 

[Carol in Cal.]

I had a tough one that was similar.

The owner was renting the house next door to ours out, and her tree was dead and clearly going to take out our master bedroom.  I talked with her about once, and she was noncommittal but never did anything about it, and it was entirely on her land.

When the new tenants moved in, we brought them some produce from our garden, and they asked whether there was anything they could do for us as neighbors.  I very nicely asked them to remind the landlady of the dead tree.  And I told them that if the tree fell at this point, having been dead for a while and her having known about it for a while, her insurance would not cover the damage because she had not properly maintained the property.

She had a tree guy out there the next week.  And, bonus, he gave us all the wood.  Nice, seasoned almond wood; great for a fire.  It was a win win.  We gave half of it to a lady we know who lives in the mountains and has to pay for any heat from her furnace above 50 degrees, so she supplements with wood instead because her income is very low.  She was thrilled.

[Carol in Cal.]

Also, if the tree is in her yard it is her financial responsibility.  Not yours.

[Pawz4me]

10 minutes ago, katilac said:

Why would you start off by offering to pay for removal? That is 100% their responsibility. 

"I noticed you have some dead trees near the back, where you probably can't see them. I wanted to let you know so that you could have them removed, bc your insurance rates will probably go way up if they fall (they're situated where they'd probably fall on our fence and pavilion, and the pavilion would be a really expensive claim bc it's special construction).

I believe a neighbor's tree falling on your property is considered an act of God and therefore the neighbor's insurance doesn't have to pay for property damage. Supposedly the exception to that is if you notify your neighbor of an issue with a tree beforehand via certified letter.

(IANAL. The above is what I've been told by various people and have read in our local newspaper's Q&A column. I suppose it's possible things like this vary according to state law, though.)

Edited July 10, 2021 by Pawz4me

[katilac]

1 minute ago, Pawz4me said:

I believe a neighbor's tree falling on your property is considered an act of God and insurance won't pay for it. Supposedly the exception to that is if you notify your neighbor of an issue with a tree beforehand via certified letter.

(IANAL. The above is what I've been told by various people and have read in our local newspaper's Q&A column. I suppose it's possible things like this vary according to state law, though.)

Yes, that's exactly what I said in the next paragraph - it becomes their responsibility in most places when knowledge and negligence are involved. 

[Pawz4me]

2 minutes ago, katilac said:

Yes, that's exactly what I said in the next paragraph - it becomes their responsibility in most places when knowledge and negligence are involved. 

But I would do a certified letter so that there's proof the other party received it. 

[mlktwins]

I want to come over to your Happy Place 😁!!!

 

[Junie]

5 minutes ago, mlktwins said:

I want to come over to your Happy Place 😁!!!

 

Me, too!

[mlktwins]

1 minute ago, Junie said:

Me, too!

Aren't you close too?!?!?  All 3 of us should meet at the Happy Place 😁!!!

[Junie]

4 minutes ago, mlktwins said:

Aren't you close too?!?!?  All 3 of us should meet at the Happy Place 😁!!!

I think it's a lovely idea, although we are inviting ourselves over to Spryte's house. 😉

[Catwoman]

4 minutes ago, mlktwins said:

Aren't you close too?!?!?  All 3 of us should meet at the Happy Place 😁!!!

Can I come, too?

[Catwoman]

I know people are suggesting that the neighbor should pay for the tree removal, but I can see Spryte’s point, and I would offer to pay for the removal, too. My reasoning would be that I would rather have an amicable relationship with a neighbor who is known to be prickly, than to start what might end up being a battle with her, so it would be worth it to me to just offer to pay right from the start.

[Mona]

I’ve had issues with neighbors and trees in the past. Tree removal can be expensive, but if you are willing to help with the cost or do the cutting yourself and just need permission, I don’t think they’ll be upset.

It’s a beautiful pavilion! I suggest talking to your neighbor in person and take a walk together to the edge of the property. Show them your pavilion and the trees that are concerning and see if you can come to an agreement.

 

[mlktwins]

9 minutes ago, Junie said:

I think it's a lovely idea, although we are inviting ourselves over to Spryte's house. 😉

She won't mind at all!  She loves having people over to her house -- LOL!  She will make us coffees!!!

 

[mlktwins]

10 minutes ago, Catwoman said:

Can I come, too?

Absolutely!!!!

[katilac]

 

31 minutes ago, Pawz4me said:

But I would do a certified letter so that there's proof the other party received it. 

I would start with some texting, because that puts it in writing as well and doesn't escalate things quite as quickly as a certified letter. Although she can certainly ask her insurance agent if the letter is required (the agent might actually have some advice on how to approach it overall). 

18 minutes ago, Catwoman said:

I know people are suggesting that the neighbor should pay for the tree removal, but I can see Spryte’s point, and I would offer to pay for the removal, too. My reasoning would be that I would rather have an amicable relationship with a neighbor who is known to be prickly, than to start what might end up being a battle with her, so it would be worth it to me to just offer to pay right from the start.

Oh, I can see that point for sure, but removing trees can be shockingly expensive and I don't know if OP knows an actual ballpark cost. I know lots of people who would rather not battle their neighbors, but also could not afford to pay for removing two dead trees on their behalf. Not as in, they would prefer not to pay it, but as in, they do not have that amount of money in the bank. 

[katilac]

Do you know anyone with small-ish heavy equipment? And when your neighbors might be leaving for the weekend? 

[Spryte]

20 minutes ago, mlktwins said:

She won't mind at all!  She loves having people over to her house -- LOL!  She will make us coffees!!!

 

Yes!  Come on over!  We’ll have cappuccinos and then pull out the chain saws!

[Spryte]

We actually had the tree guy over this evening, he’s done work for us before.  He quoted us about half of our expected price, wheee!  So we are good to go, if she agrees, and I’m really ok with offering to pay for this.  It’s in an area that’s not visible to her, really, and were it not for being right on the edge of our property she’d probably let it fall naturally. 
 

Mostly, I just want peace with neighbors.  She’s just prickly enough that I have to be careful even offering to pay.  And heaven forbid we have to talk to the husband … eek.

[Spryte]

1 hour ago, pinball said:

You just need to go knock on their door dressed like this.

They’ll get the point.

No conversation needed.

This.  This is exactly what is needed!

[gardenmom5]

Apologize for being such a bother.  (it tends to disarm prickly people.) Bring it up in such a way that you "know" she doesn't get to that back property line because of all the trees, so you're sure she doesn't know the state of the trees (because if she did, you have confidence she'd do something about them.).

 

Be cheerful, be gracious - and expect she will be too.

Good luck.

[mommyoffive]

She sounds like  a real peach.   Your happy place is so beautiful!   I think you offering to pay is sooooooo nice.   Gosh I see both points of going in person and talking face to face and having the text document of it.    I think though I would start face to face.   If it goes badly text a bit later so you have it in writing.  I really don't see how she would have a problem with it.  You are offering to pay and  you don't think it is even at an important part of her yard. 

[Tap]

Can you blame it on the tree guy? LOL 

Hi, Neighbor!

We had a tree guy out tonight and we noticed 2 trees on your side of the property line that are ready to fall. Since they are so far in the back of your property, they would be very hard to see from your home.  Would you mind if we paid for them to be taken out? We will pay for the removal and xyz will happen with the stump/wood. Our concern is that they could fall on our pavilion and cause damage. I would love to get together and discuss this with you. Please call or text when you have a free moment 🙂 

[Eos]

My local police department just called me at midnight thirty to tell me that a neighbor's tree fell on my husband's truck while it was parked in town , which is why I'm awake and reading this - it's always a good time to take down dangerous trees!  You offering to pay and arrange it all is beyond generous.

Edited July 10, 2021 by Harpymom

[katilac]

3 hours ago, Tap said:

Can you blame it on the tree guy? LOL 

Hi, Neighbor!

We had a tree guy out tonight and we noticed 2 trees on your side of the property line that are ready to fall. S 

What a good idea! And true - she did have the tree guy out!

[Acadie]

7 hours ago, Tap said:

Can you blame it on the tree guy? LOL 

Hi, Neighbor!

We had a tree guy out tonight and we noticed 2 trees on your side of the property line that are ready to fall. 

This is brilliant! You could even say HE noticed....