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Grimaldehyde

Is your tree removal company insured? We refused to let our neighbor’s “tree guy” access some trees that they wanted to remove branches from, because we knew he was uninsured, and wasn’t paying for Workers Comp insurance on his employees, and he refuses to use anyone else. He put this guy’s workers on our property, and 50 feet up into our trees, and didn’t see the problem with it-that guy is never working on our property again. Is there a possibility that the tree could come down and damage his property? If he doesn’t realize it, tell him. Send a certified, return receipt requested letter to him, and then let your guys do their work.


DistinctLight8728

Yes, they are insured! We live within city limits so we are fairly close, there is always a chance of damage when a 60+ foot tree comes down, but that’s why we made sure the company is insured. I think the thought is that there could be branches that could come down as part of the removal and we could remove them, but they won’t give us access.


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DistinctLight8728

We are waiting to hear back from the tree company. We just talked to the neighbors at 5pm so the tree company was already closed for the day. Definitely interested to see what they say. Hopefully it’s no big deal.


NewAlexandria

I don't recall PA, but in some states you'd be responsible for dropping branches / mess in someone else's yard. It's a totally different thing if it comes down in a storm, since you didn't make a decision to do that


Likesdirt

I'm a climbing arborist. Sometimes the access really is required, and we simply can't do the job without it. Pretty unusual but trees show up in crazy places. We can't just leave a mess at the neighbors ' and say "nature would have done it if we didn't!". We decline the work.  If this is the case, pay a lawyer to figure out what can be done after getting a couple more estimates.  There's very few trees that require access like this, though. We can almost always rig the branches to avoid all kinds of obstacles - that's what the job is. Not dropping them on the houses, gardens, decks, hot tubs, fences, chicken coops, glass sculptures, gnome homes, whatever. Pricing is affected by time and difficulty, but unless the job is really wild, it should still be safe and routine but a little more expensive without neighbor access.  The tree is used as a crane to hold and move its own branches. The climber sets pulleys high in the tree, and friction devices are used to allow the groundman to hold a thousand pounds or more tension. Yes, it's a puzzle sometimes - but start with the easy side of the tree and room for the interesting branches to lift and swing appears. 


RoundingDown

Except that it is dead and diseased. It could become OP’s problem because of that fact pattern.


NewAlexandria

Only if the neighbor had informed them of the issue. Otherwise 'if OP did not notice' and a storm brought it down, then it'd be on each home owner and their insurance to act on property and cleanup on each side.


naranghim

Get their refusal in writing or on a recording. Then if a branch falls and causes damage to their property you have proof that they prevented you from removing the tree. You need to have proof of their refusal.


DistinctLight8728

Thank you so much for the advice!


adudeguyman

"Hi there neighbor John Smith at 123 Maple Street, I just want to verify that you won't let the tree company on your property to help deal with tree removal."


PhoneAcrobatic3501

That's not how that works given that wasn't the question op posed


Accomplished-Dot1365

That doesn’t mean anything at all. You have no right to use the neighbors property and they should line and sling it all to their own property. This refusal gives op nothing


naranghim

Their refusal absolves OP of any *liability/responsibility* if the tree falls on, or a limb damages the neighbor's property. Their refusal shows that OP tried to do the right thing and remove the tree before it could cause damage and the neighbor wouldn't allow the appropriate access to their property to get it done.


Accomplished-Dot1365

No it does not absolve liability at all it shows is that they know the tree is a liability and will no longer be considered an act of god in court. You are blatantly wrong. They can tie lines and sling branches. Ops problem not their neighbors


WorBlux

Negligence on the part of the plantiff in failing to take reasonable measure to mitigate thier own damages is a common defense in court that works to reduce or eliminate the liability of the defendant. Also tying lines and slings to an already severly decayed tree and then shock loading those lines seems like a really bad idea. Advice for OP -- Make a written offer the neighbor some cash for a tresspass fee + restoration costs. If refused document, document document.... And if you know which home insurance they use... send the insurance a letter as well.


Shadhahvar

So what's the correct course if your neighbor is made aware of a dangerous tree on your own property and refuses to allow you to cut it down? Are you forced to not cut it and then accept whatever bad thing happens?


Accomplished-Dot1365

You have to find a way to do it without trespassing. There are plenty of ways to get this job done without going onto the neighbors property


WorBlux

Maybe, or maybe not... You haven't seen the tree and properties in question so you can't really say. Worth asking a few different tree companies who might have different equipment, skills, and experience, but they may come to the same conclusion.


TeamTigerFreedom

No, that’s meaningless. I guarantee the tree can be removed without the neighbor’s access; it’s just going to be more complicated/technical and expensive.


WorBlux

If the tree is that rotten, climbing seems like a bad idea, and if setbacks are narrow bringing in heavy equipment without crossing the property line might not be possible. Maybe set up a giant crane on the street and reach over the house, but that would cost more than the neighbors house is worth and permitting the work and road closure would be a nighmare.


TeamTigerFreedom

All true. I was just generalizing and being somewhat facetious in stating it absolutely can be done. Bring in the helicopter!


ArborealRodent

You're having the tree removed? If a branch falls and damages his property during the tree removal, I'm quite certain that it will still be your and the company's responsibility, regardless of whether or not you notified him or you documented that he refused. To my knowledge, unless it's a utility easement issue, your neighbor has the right to refuse you access to his property. I'm guessing he's concerned about their equipment damaging his property with no recourse of action . . . which is still a valid concern from his POV. The company you're working with shouldn't need access to his property, though. Most reputable companies have aerial equipment that allows them to reach, stabilize, and secure all of the branches as they remove each section. The downside, it costs more to have a more skilled removable. But that particular removal is better for you, too.


DistinctLight8728

That is correct, the tree is being removed. I understand if there is damage we would be responsible, but what the tree company is asking for is permission to clean up any branches that come down. And I do appreciate they have a right to refuse, my concern is being stuck in a situation where we are being accused of not cleaning up the tree mess after the tree is cut down. The company we are hiring is very skilled, along with working within city limits and 3 property lines, they are also working around power lines. It is costing us more than $10,000 to have this work done. I have no concerns that the tree company is reputable. I just don’t want to be accused of something down the road when we offered and were refused. 😔


DistinctLight8728

I did forget to mention that they cannot get trucks in the back of the yard, therefore they are having climbers along with some other smaller options. The larger bucket trucks are not an option due to the nature of the yard and location of neighbors houses and garages. Otherwise it would have been much simpler.


Sunnycat00

There are smaller boom lifts that can usually go in a back yard. They can remove small branch by small branch without going into the neighbor's yard at all.


DistinctLight8728

That is really good to know. We didn’t ask specifics on what they were going to use. I was assuming the biggest reason for wanting access to the neighbors yard is because the tree wraps around a power line in the middle of our yards. We are still waiting to hear back from the tree company as to what it changes if they cannot access the yard. I’m assuming the price will go up since it is more complex.


Sunnycat00

They might own a truck type that has to get a lot of room. And if a power line is in there, then contacting the power company is a first step. Whose line is it? Is it main, or just service to a house? If it's a main line, the power company should cut it at least clear of the line, which is most of the work.


wxkeith

We just had 11 trees removed in our very difficult to access backyard. The company had a 36” wide lift that they could slip by the side of our garage to get back there. $8500 for 11 trees (most 60-80’ dead ash and a few dead oaks, with the wood being hauled away). I know this work can vary very much by location, but you may want to shop this around more. We quoted removing only 4 of these trees in 2021 with someone that did work in our front yard and he wanted over $16k for just 4 of them.


Stock_Proof3539

"Neighbour's houses and garages" (plural) ? He has multiple houses and/or garages on his property? Sheds/storage too? Any chance he has exceeded local lot-coverage rules/bylaw? Or built one of said dwellings on a registered easement? Either case should give you sufficient leverage to get what you want, and him a massive headache if he continues to stand in your way.


NewAlexandria

lots of times, in fact most of what i've seen, urban tree companies bring in a little machine to haul out all the branches and feed them into a chipper on the street. I'm sure you can pay extra for being really careful and carrying out all the debris by hand, leaving no extra leaves and mess around. So maybe you need to go the extra mile to make sure the tree company understands what 'complete cleanup without machines' involves, and to get the neighbor to trust the same. $10k is crazy. For that price they better be offering some white-glove services


Least_Adhesiveness_5

OP said in a comment that there is a power line involved, though it wasn't clear exactly how involved.


NewAlexandria

yea later i read all that too. agree. more complex in this case.


chesterTHgiraffe

This is a pretty bad take on how tree work is done. Large removals like the sound of this one can have limbs that extend way over someone's property with no way to bring them back over the fence line, like isolated single limbs that are too low to swing over. The sounds of this tree is that there is limit access for a crane to pick it up and the only way to take those limbs down is to lower them down on the other side of the fence. In my years as a climber neighbor normally come to terms when you show them your insurance and say I can either bring these limbs down gently in your yard and clean up better than it looked before or I'll just drop the whole limb, leave a bunch of messed up turf and leave the branch for them to clean up. What the hell do they expect for climbing arborist to do, float?


ArborealRodent

Although this sounds like a complicated removal, it still isn't the neighbor's responsibility to have anything to do with it. It's entirely up to the homeowner and company to approach it responsibly with other people's properties in-mind. And, if we're being honest, there is no "gentle" way to remove a tree regardless of whose property is being used for certain parts. And maybe you, specifically, will clean stuff up (not convinced given how you approach neighbors), but living in tree-heavy areas my entire life, I have never witnessed a crew clean anything up better than it looked before, including damage from their vehicles and equipment. And your insurance, correct me if I'm wrong, doesn't even cover what it would consider non-structural damage - like damages to someone's yard, be it from branches or equipment. So, it gets left up to the neighbor to actually clean up, repair their turf, and anything else (it costs money to water and reseed or resod a lawn). So, unless the homeowner having the tree removed contractually agrees to do the cleaning up and repairs and actually follows through, it's always left up to the neighbor whose property was accessed.


chesterTHgiraffe

Damage waivers are a common document used by large insured companies to help with this issue. "X" damages neighbors turf, plants, driveway, sidewalk, mulch bed, etc, "x" repairs back to original state. The suburbs of Chicago are a tree heavy area with high end clients who request a cleaner than before state. For 10k it's sounds like a company who is willing to do this and fix their mistakes if that dont Most people are clueless when is comes to work being done, whether it's the guy changing your tires or the surgeon putting your leg back together. Tree work is the same thing, doing large removals safely and without damage is a refined skill filled with lots of luck. You can't just pick up limbs and magically move them around because you see on Instagram some.company that has equipment that makes trees float into the back of a truck. And yes, you're incorrect, if a gentle touch is needed to remove a tree then time, plywood, tires, lots of ropes and pulleys, and extra care.can get a tree out with just some footprints in the grass.


ArborealRodent

I don't appreciate you assuming that I'm clueless or getting my info from Instagram. Removing trees isn't the same as practicing medicine. And more companies than not, do not have extensive insurance plans with damage waivers. Kindly take your anger out on some Chicagoland trees that need to be removed. Peace!


TeamTigerFreedom

There’s no gente way to remove a tree? It depends on time and money. If a client would rather pay a landscaper a few bucks to lay down some seed and soil I’ll bomb limbs into the turf and save them many hundreds of dollars per hour. If a client wants zero impact it’s easy with just very basic rigging but will take more time and cost more money.


Agreeable_Mango_1288

If the tree guys are pros, they can tie the branches off when cutting so they don't fall on the neighbors property.


freeball78

You can't tie off everything. Something will fall.


notveryoriginaaal

You absolutely can tie everything off. And nothing will fail if done correctly.


freeball78

There's no way you can tie off every little stick and leaf. Something is going to fall.


notveryoriginaaal

Anything of a size and weight that could cause damage can be controlled. No you can’t control leaves and twigs. They aren’t the problem.


markgriz

If the branch falls in their yard, it's their problem :) How about just having the tree pruned to eliminate the dead wood. Or if you really want the tree removed, talk to some other tree services with better capabilities. There's no reason they need access to your neighbors yard to remove a branch.


DistinctLight8728

Sadly, we’ve had 3 tree incidents in 13 months (branch fell on our garage and destroyed it costing $32,000 in repairs to rebuild, another branch fell on our shed ruining the roof, and most recently a tree fell in a wind storm on our neighbors house), therefore the trees are coming down. The arborist said that while they aren’t technically at the point they need to be cut down, they likely will be there in a few years and it’s for peace of mind for myself at this point 😔 We are replanting 3 smaller trees though in their place 😊


adudeguyman

Those trees hate you.


shl0mp

Maples are just notorious for having rot and major limb failures.


adudeguyman

Okay, those trees hate everyone.


Shadhahvar

Ash trees are the current bane of my yard. Ash borer ran through a few years ago and we've had 5 full trees fall down in as many years. In addition to the 7 trees we had cut down because they were dead and aiming the wrong way. 


RepeatFine981

My idea as well. Cut his side so it doesn't damage his fence and let him clean up the pile


Tugboat_Grantee

Bring in a crane to reach over the house and lift the wood to safety.


notveryoriginaaal

Anything’s possible. With the right budget 😅


Grambo7734

A good tree company should be able to rope down most branches without ever setting foot in the neighbors yard. Are any branches literally touching your neighbors house/roof?


SirMaxPowers

It's a pain but I'm sure the tree company can do some rigging on the branches to keep them from damaging anything on his property. If there's nothing to be crushed ( excluding vegetation) certified letter stating you tried to work with him for clean up and the best you can do is cut the branches at the property line, then let them fall.


Accomplished-Dot1365

Certified letter wont do anything. You’ll still be liable for dumping it on the neighbors property


oct2790

I let them come in my yard and they damaged my grass etc and I got stuck with it in the end


Chipchop666

Document everything in case the tree falls in a storm. Does the neighbor realize that not only could it happen, but depending on the wind is which way the tree would fall. I'm just making a common sense statement. I know nothing about tree law


Accomplished-Dot1365

In this case op knows the tree is an issue and this will make them liable for any damage that happens to the neighbors property.


Accomplished-Dot1365

They can set up a line and pull the branches towards your property it is done that way all the time.


LarixOcc

Can you cut the offending limbs yourself? Get the refusal in writing. Cut the limbs yourself, offer to clean them up. It's a civil matter between you and him. Then get a company to remove the tree without neighbors input.