Inconsiderate Realtor

Jaybird180 said:
Best answer sofar.

To further elucidate: The tree is split at the trunk, its a Bradford Pear. Its still attached to the trunk in their yard but has fallen onto my property. I live in suburbia and the leaves are about 2 feet from my driveway. Its going to ruin my grass - not that I have the greenest thumb but its not the brownest either.
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Your best choice would have been to drag it back into your neighbor's yard before you said anything to anyone. ;-)

But at this point, it is likely your responsibility. Bradford Pears are not big trees, so grab a chainsaw, a bowsaw, or even your reciprocating saw and chop it up, then do what you will with it.
 
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murphey said:
Rent a chain saw, cut it up, and sell the firewood. Should pay the cost of the chain saw.
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Good luck renting a chain saw. Maybe it's different there, but around here, it's the one thing you can't rent. I can rent cherry pickers, brush cutters, welding rigs, compressors, jack hammers, and almost anything else; but no one -- NO ONE -- rents out chain saws. Apparently the liability is just too much for what little they could make renting them.

-Rich
 
Matthew said:
Bradford pears are downed trees that just haven't fallen yet.
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Yes. Tiny roots.

They don't grow very big. I'd bet a rope and a pickup truck could just pull it back into its original yard.
 
My old house in NC had a Bradford Pear almost 3' thick at the base. Not circumference, diameter. Most are smaller, but they frequently reach 25-30' tall. Hardly shrubbery, just a medium sized tree with typically thin trunk with a low fork where they split and fall. Personally, I don't care for them. Give me a real tree instead, that has nice blooms and/or edible fruit.
 
NoHeat said:
Yes. Tiny roots.
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Maybe, but I see them break, not uproot.

They are brittle trees with sharply angled joints. At some point, a gust of wind hits them and they shatter. They are ~20 year trees unless you really watch their geometry and prune out the weak branches.
 
Yeah, pictures would determine if we're talking chainsaw or handsaw.

Labor day, good luck.

Use some eye protection...
 
Further, unless the tree was dead or there was some reason why the owner should have known it was going to fall, it's an act of god and you're responsible for the stuff that landed on your lot.
 
NoHeat said:
Yes. Tiny roots.

They don't grow very big. I'd bet a rope and a pickup truck could just pull it back into its original yard.
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Around here they typically split near the base where the branches fork out. They were really popular in new neighborhoods about 20 yrs ago. Now, every wind or ice storm the ones that are still left break.
 
what if the tree were to "catch fire"?
Stay with me here.

Wait nevermind, I don't see how burning your house down is going to fix this.
 
kyleb said:
Maybe, but I see them break, not uproot.
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Mine uprooted in a strong wind about 6 years after I planted it. So I saw the roots, and they were tiny.

I don't doubt that they break, too. Just saying what happened to mine.

My neighbor planted one the same year, and it still looks great. About 20 years since it was planted, now, and if it fell over, it would be no big deal to cut it up, or to drag it whole. It's not that big.
 
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Kelvin said:
Henning nailed it about calling your agent...but he left out that, in the grand scheme of things,...this is petty...and no "real" reason to file a claim...

I cannot speak for anywhere else but in NC, if you are told you have a tree that is a danger to others life and/or property and it turns out to be true...you are liable in a big way. Trees make a mess when they hit buildings.

Again, I can only speak for NC but if it was here...the tree that has fallen on your property is your problem.

I have 10 houses listed for sale now...*I* (not the realtor) take care of any issues that arise with the properties...not the listing agent...I think someone mentioned property manager...THEY could be contracted to handle these issues...but with the bank owned/short sale thing going on...I'd bet you are SOL.

As harsh as it may sound, the realtor does not have any responsibility to you in any manner except maybe to be courteous. In these scenarios, I'd bet SHE can't authorize the tree to be removed without talking to the owner...whoever that may be...

I'd suggest doing it yourself or being patient...
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That's why I say let the insurance company hash it out, the property is insured, the bank makes sure of that. A good insurance agent lives to take care of stuff like this for their insureds.
 
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kyleb said:
Maybe, but I see them break, not uproot.

They are brittle trees with sharply angled joints. At some point, a gust of wind hits them and they shatter. They are ~20 year trees unless you really watch their geometry and prune out the weak branches.
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:confused: When I did Cat adjusting on wind storms, all the trees were uprooted never saw one broken except the one with the lightning strike and the trunk exploded.
 
Henning said:
:confused: When I did Cat adjusting on wind storms, all the trees were uprooted never saw one broken except the one with the lightning strike and the trunk exploded.
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Our community builder in his infinite wisdom cheapness planted loads of them. This house has two in the front yard. When the house was occupied the last time one fell it took about a month for the (now former) occupants to do something about it. This is probably an emotional response to that incident.

We lost ours in the front yard, 1/2 the large one in back, and the other neighbor lost his. They split due to weight in storms.
 
Bradford pears have been around here long enough that they're growing wild now in vacant lots and other areas. That perfume they put out in Spring is overpowering.
 
Matthew said:
Bradford pears have been around here long enough that they're growing wild now in vacant lots and other areas. That perfume they put out in Spring is overpowering.
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it seems like bradford pears were the popular tree to plant several years ago. you could see them in every new construction. They're definitely not as common as they were b/c everyone learned that the branches break easily.

anyway, Georgia law basically says that it's your problem if a neighbor's tree falls into your yard. There are a few exceptions (for example, a rotted tree that you've complained about), but not many.
 
We had two wind/t-storms the last two nights. Yesterday I heard chainsaws in my neighborhood. This morning I saw a tree split in half - I don't think it's a Bradford Pear, but has the same structure (low, forking branches).
 
rbridges said:
it seems like bradford pears were the popular tree to plant several years ago. you could see them in every new construction. They're definitely not as common as they were b/c everyone learned that the branches break easily.

anyway, Georgia law basically says that it's your problem if a neighbor's tree falls into your yard. There are a few exceptions (for example, a rotted tree that you've complained about), but not many.
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Maryland law is the same. There is a exception that if you tree falls and damages your neighbors house or other things then you are responsible but if the thing just lands in your yard, it's up to you to take take of it. I had a pine tree snap off about 10 feet up and it landed in my backyard neighbor's yard. I called my insurance company and they told me that it's not my responsibility but my neighbor was a 80 year old man and I was not going to make him deal with it so I got out my chainsaw and cut it up and hired a local kid to haul off the branches and wood. In the OP case I think it may take a little time as the Realtor is not going to pay the money to get it done with out of their own pocket and it may take several days over a holiday weekend to get it dealt with.
 
Jaybird180 said:
The house next door is up for sale, a foreclosure (sort of)

The tree in the front yard fell last night and is in my yard. I wanted to cut my grass.

I called and emailed the realtor. An hour later a crew was there to cut the lawn and I asked them if they were going to remove the tree. They refused and said they hadn't been cleared to do so. They guy said on their way over the realtor called and asked them to photograph the tree, so she got my message. She didn't return my call. They guy said she was on vacation to which I retorted that she's obviously working and it was the courteous thing to do to call me back. He said it would likely be a week before anything happens with the tree.

And get this....one of the guys is her boyfriend. So it's a high degree of certainty that he'd get paid.:mad2:

How much rent do I charge?
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Here is the voice of experience:

Neighbor cut down a tree on their property and it fell across my property. Notified neighbor to remove tree. Neighbor failed to remove said tree, simply moved it so that all of the tree was on my property. I left it there. Neighbor left it there, then the neighbor notified the city that I had a tree on my property that needed to be removed. I got a notice to remove the tree or the city would fine me, remove the tree, and bill for the removal.

My recommendation: Move the tree onto the lot where it came from and notify the city.
 
If all else fails, just get yourself a chainsaw. BFD - you'll have a CHAINsaw after all. Think of all the Halloween parties you can go to! (Even a small electric has its uses.)

It's a Bradford Pear, it's not like it's a 75' Oak. The branches probably aren't more than, what, 6" diameter? Cut it into manageable pieces, drag to the end of your driveway, and call your city trash service for a bulk pickup (or whatever comparable utility you have.) My city typically waives an extra pickup charge after a storm because of all the limbs they end up having to pick up anyway. They have a truck with a claw so the guys can do a drive-by and grab it all. You'll be out the cost of a new power tool and maybe a $35-$50 pickup fee.

(This actually is the way I'd handle it, except that my neighbor across the street has a saw I could borrow.)

Or, you could call a tree service and let them chip it into mulch for you.
 
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This is an opportunity to go buy a nice chainsaw and tell the wife you're doing it to save money. Take advantage of such opportunities!
 
Give it a couple days to dry up and a gallon of gas and have yourself a bonfire. Pear should be good for cooking over.
 
Everybody's saying get a chainsaw, but if OP has never run a chainsaw, I say don't get a chainsaw.

Hire it done.

Stupid tightwad friend of a friend who was one of the wealthiest Amarillo oil men around decided he'd save some money and go cut down that tree in his back yard himself. Yep, killed him. Don't be stupid. Trees can kill you quick and dead.
 
AuntPeggy said:
Here is the voice of experience:

Neighbor cut down a tree on their property and it fell across my property. Notified neighbor to remove tree. Neighbor failed to remove said tree, simply moved it so that all of the tree was on my property. I left it there. Neighbor left it there, then the neighbor notified the city that I had a tree on my property that needed to be removed. I got a notice to remove the tree or the city would fine me, remove the tree, and bill for the removal.

My recommendation: Move the tree onto the lot where it came from and notify the city.
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Yes. People can be nasty. You can also get messed up if you move the tree onto the other property and damage something. They will sue you, even though it was there tree to start with, you decided to alter the situation and will become liable. Not to mention trespassing issues.

If you don't wanna get bogged down in this, and don't want to do any work yourself, contact the city or county. They will cut it up and remove it and ticket the other guy for not doing it in a timely way. Of course you will have to wait weeks for the government wheels to move...
 
txflyer said:
Everybody's saying get a chainsaw, but if OP has never run a chainsaw, I say don't get a chainsaw.

Hire it done.

Stupid tightwad friend of a friend who was one of the wealthiest Amarillo oil men around decided he'd save some money and go cut down that tree in his back yard himself. Yep, killed him. Don't be stupid. Trees can kill you quick and dead.
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We all had to learn to run a chainsaw the first time..... Why deny the OP a chance to inhale 2-stroke exhaust while making little pieces of wood out of big pieces of wood?

There has to be plenty of "Here, hold my beer....." videos on YouTube that will teach you what not to do with a chainsaw.


I vote "BUY" the chainsaw....

:goofy:
 
CTLSi said:
If you don't wanna get bogged down in this, and don't want to do any work yourself, contact the city or county. They will cut it up and remove it and ticket the other guy for not doing it in a timely way. Of course you will have to wait weeks for the government wheels to move...
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You're speaking without data once again. :dunno:

As stated above numerous times, in many areas, the part of the tree that falls on your property is your issue, not your neighbors.

You're likely to get the OP a bill for the tree removal from the city/county with your advice.


I once called my insurance company after a rental property I owned had a tree that fell into the neighbor's yard, caused damage, and I wanted my insurance to make it right. I was swiftly they informed that my policy stopped at the my property line, and the neighbor's started from there.

Pizzed off my neighbor as much as it did the OP here.
 
ElPaso Pilot said:
You're speaking without data once again. :dunno:

As stated above numerous times, in many areas, the part of the tree that falls on your property is your issue, not your neighbors.

You're likely to get the OP a bill for the tree removal from the city/county with your advice.


I once called my insurance company after a rental property I owned had a tree that fell into the neighbor's yard, caused damage, and I wanted my insurance to make it right. I was swiftly they informed that my policy stopped at the my property line, and the neighbor's started from there.

Pizzed off my neighbor as much as it did the OP here.
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Not true. I have been thru this personally. If your tree falls on your neighbors house YOU are liable. You have to pay for the damages and for the tree removal.

If your tree falls in your neighbors yard, YOU are responsible to remove it.

The tree remains your property and your liability.
 
My neighbors tree fell in my yard and in Alabama, I was responsible for removal and repair of damages. My insurance company paid for both. they said the only way the neighbor would be responsible is if I had notified them in writing that the tree posed an imminent danger to my person or property.
 
teethdoc said:
My neighbors tree fell in my yard and in Alabama, I was responsible for removal and repair of damages. My insurance company paid for both. they said the only way the neighbor would be responsible is if I had notified them in writing that the tree posed an imminent danger to my person or property.
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Homeowners insurance always pays. But the responsibility for that tree belongs to whose yard it grew in. The insurance companies view the payout for tree removal much smaller cost than going to court and recovering.

The law states otherwise. The liability is the neighbors. Period.

If you want to test how liability works? Have your dog wander into your neighbors yard and bite their kid.
 
CTLSi said:
Not true. I have been thru this personally. If your tree falls on your neighbors house YOU are liable. You have to pay for the damages and for the tree removal.

If your tree falls in your neighbors yard, YOU are responsible to remove it.

The tree remains your property and your liability.
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Are you quite sure that applies where the OP lives? Because it sure doesn't apply to where I live.
 
CTLSi said:
Not true. I have been thru this personally. If your tree falls on your neighbors house YOU are liable. You have to pay for the damages and for the tree removal.

If your tree falls in your neighbors yard, YOU are responsible to remove it.

The tree remains your property and your liability.
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Oh, you do know so much, hotshot, don't you.

I've been through this personally, as well.

Do you comprehend what "in many areas" means? Are you confident that you understand the insurance and liability conventions in the OP's local area??
 
OP here:

Did anyone notice where I said the tree trunk split and is still attached? The part that fell stretches onto my property.

If I cut it I'd have to go onto that property and cut it at the trunk, otherwise, I'd have leaves everywhere! Problem with that is that I'd have to trespass to do it.

If I leave it, well that's the original problem.....that and the realtor not picking up the telephone to call me to say someone will take care of it, which I would have gladly accepted.
 
Matthew said:
If all else fails, just get yourself a chainsaw. BFD - you'll have a CHAINsaw after all. Think of all the Halloween parties you can go to! (Even a small electric has its uses.)

It's a Bradford Pear, it's not like it's a 75' Oak. The branches probably aren't more than, what, 6" diameter? Cut it into manageable pieces, drag to the end of your driveway, and call your city trash service for a bulk pickup (or whatever comparable utility you have.) My city typically waives an extra pickup charge after a storm because of all the limbs they end up having to pick up anyway. They have a truck with a claw so the guys can do a drive-by and grab it all. You'll be out the cost of a new power tool and maybe a $35-$50 pickup fee.

(This actually is the way I'd handle it, except that my neighbor across the street has a saw I could borrow.)

Or, you could call a tree service and let them chip it into mulch for you.
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Cutting down a tree is a whole lot different than dicing one already laying on the ground. If wielding a chainsaw is intimidating (and I know it can be), buy an axe and a crosscut saw. We all could use a workout and cutting wood is certainly one way to do it.
Goggles, steel toed boots, and gloves however you ride.

txflyer said:
Everybody's saying get a chainsaw, but if OP has never run a chainsaw, I say don't get a chainsaw.

Hire it done.

Stupid tightwad friend of a friend who was one of the wealthiest Amarillo oil men around decided he'd save some money and go cut down that tree in his back yard himself. Yep, killed him. Don't be stupid. Trees can kill you quick and dead.
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silver-eagle said:
Cutting down a tree is a whole lot different than dicing one already laying on the ground. If wielding a chainsaw is intimidating (and I know it can be), buy an axe and a crosscut saw. We all could use a workout and cutting wood is certainly one way to do it.
Goggles, steel toed boots, and gloves however you ride.
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Yeah, If you do it, take sensible safety precautions. I have a couple neighbors with chainsaws. If I really wanted to, I'd say, "Hey, Carl, why don't you show me how it works!" By the time he did, I think this job would be done. It sounds like it's already down, over his property line, and still attached at the trunk. I'd just cut what's laying on my side of the line. I haven's seen any Bradford Pear that's really tall enough that there is a substantial piece once you get past the lower trunk.

How about a picture?
 
Limb in to the trunk and cut it at the property line. Your lawn will be returned to its former glory. If you want the rest taken care of buy the house and clean up the yard. Or sell and move somewhere with a HOA and this will never happen again.
 
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