Removing a tree - neighbour gone mad - advice appreciated!

[Eastie]

OK – it appears we need an agony aunt forum.
I moved in to the new house only two weeks ago and immediately began the renovation list. High on the list were a gum tree and a cypress tree – both around 30-40m tall – not small trees in suburbia by any measure.
The situation:


main load bearing branch in the cypress has massive stress crack. Branch sits directly over “the neighbours” shed/patio and both of our low voltage supply wires.
The gum tree had a similar problem with a 16 inch diameter branch coming out of the trunk at right angles which until two hours ago hung over “the neighbours” newly construction granny flat.
“The neighbour” was aware of the crack in the cypress and has since been made aware of the poor condition of the cypress and the high risk posed by the limb of the gum. Two arborists would not put on paper that the tree was healthy enough to stay and made it our decision to remove it - the council approved the gum tree pruning. Needless to say I’m not getting much change out of $6k for the whole experience.
Arborist, climber and team arrive at 7:30 am and promptly start. After watching like a hawk for about an hour “the neighbour“ emerges – realising that they are cutting down the cypress tree which shields “the neighbours” summer sun, and promply confronts the arborist with a torrent of abuse. The arborist with chainsaw in hand manages to make “the neighbour” go back inside - probably to consume some more of the alcohol he stank of. The arborist gives me a call and informs me of “the neighbours” little episode and that he’s now said they can’t come onto his property if anything falls on his side of the fence – no big problem for them.
Anyhow if the neighbour has the gall to confront me tonight about this I have two chains of thought on this – one involves digging a hole.

As I see it I’ve removed a huge risk – he would have been chomping at the bit to claim against us/sue if either tree/branch had fallen and we’ve done it all at our cost – because they are our trees.
Am I missing something? Any comments on how to avoid digging said hole would be good as the ground is really dry and hard and will take me quite a while.


Eastie – within view of the end of my tether http://www.ubeaut.biz/fireface.gif

[DanP]

Eastie,

I'm sure the arbourist will put down the chainsaw and help you dig.:)

Dan

[Zed]

Hi,

Similar issues at my place. Live in the North shore of Sydney so tree preservation orders are very exspensive (20k per healthy tree should you knock it down without permission) !!!

Anyway the neighbour had a row of Sargent junipers (5 of 'em) along our fence line acting as a fence. If you dont know these types of tree's - they dont have a massive or deep root ball and being real tall then if a big blow comes along the bastards have a tendancy to fall over, taking the root ball with it.

So we get this big blow and one of the bastards falls on my pergola attached to the house totally demo'ing the bloody thing, although the pergola broke the fall of the tree and it thankfully hasnt damaged the house. I wasnt aware of this at first and the neighbours 80 yr old mother comes on over and sez "eh... we've got a problem, one of my trees has blown over and trashed your pergola" I think immedietely "bewdy - new pergola - neighbour's payin' " so I say "no problem, lets have a look and you get the tree remoooooooved and pay for the repairs and we'll say no more of it. why worry???- where's me chainsaw why get the insurance wankers involved ???"



So who's the thickhead ? who know's where i'm going here ???? . Me i'm the dickhead aint I ? turns out as soon as the tree falls over into my yard (according to law and the insurance company) it becomes MY property and I'm responsible for the claim, the damage and the repair!!!!!!! So the NEIGHBOURS TREE IS NOW MINE AND I HAVE TO CLAIM FOR IT!!!! I discuss this with the neighbour and he washes his friggin' hands of the whole affair - he said and I quote ; "If your premium goes up this year I'll pay the difference" no mention of taking responsibility for his f%$^&king tree or anything - like a decent bloke would. I was gunna climb up and demo the tree and for him but farg it - i'll let the arborist do it considering I have to claim for the pergola anyway.

So eventually I get a new pergola, the row of trees removed, and a fence extended - ended up costing me $2k. I told the neighbour in no uncertain terms that "If I ended up OWNING any more of his tree's I'd sue him for negligence" (you see his yard is full of crappy untrimmed trees).

Jeez I was peed right off.

So in answer to your query - do sweet FA - if it falls on his house its his problem he even has to remove the tree he now "owns" and claim on HIS insurance. sit back and have a beer in front of him, if you want get your insurance forms out and show your dickhead what he's up for if you leave the tree -----> or just laugh and say "Righto mate your call"

Disclaimer :

I accept no legal responsibility for what I claim is what happened to me - check it out for yourselves! (I swear my story above is true).
:)

[DanP]

Zed,

Sounds like typical insurance company to me. Bet they would think otherwise if the tree fell the other way. There's always some get out for them. Scum of the earth they are. Right up there with litigation lawyers and car salesmen IMO. As a matter of fact, It was probably the result of some stupid court case that it is the way it is. The precedent has been set and Insurance Co's are all too happy to refuse to pay when it's in their favour.

Dan

[Grue]

God picks our relations and neighbours so we can pick our own friends!

Would you have it any other way?

Glenn

[Wayne Davy]

Eastie,

May I suggest you get a Backhoe in - it can help with the tree removal and dig your hole at the same time :D

[Wood Borer]

Makes me appreciate my neighbours.

Never any complaints about noise, always cheery, get Christmas cards from them, they always offer to look after the place when we are away.

We have 7 adjoining properties to ours too!


- Wood Borer

[Zed]

Eastie,

I was just thinking, you should probably tell your neighbour about my little story so that when your tree becomes his he cant sue you for "Non-disclosure" or "negligence" In fact you should give him registered copies of your insurance policy and the aborists report. make the bastard sign for 'em.

Jeez I hate bad neighbours. on one side of me I have renters that run the joint down and the other side a bunch of sponges (dont ask!!) I think I need to get myself a couple of 100 acres in the country and build a house (fortress) in the middle... I can then spend my time doing w/w and polishing my guns and knives and other assorted "implements" drool, drool... slobber.... have you seen my lovely collection of medieval spatulas ??/???? giber, gibber.....

I share your thoughts on insurance co's. they along with bad neighbours, car salesmen, real estate agents, banks and politicians will be the first against the wall when the revolution comes....

[Grue]

A primary school teacher was motivating her new class with Q&A and asked what do your parents do at work.

Little johny put his hand up and said "my dad's a doctor"

Freddy added "mum workes at Coles"

There were all types of answers and Sarah said "my dad's a piano player in a brothel"

Teacher rang dad that night and said "you'll have to tell your daughter you have other employment, it was embarrasing for her to tell the class you worked in a brothel.

Dad replied "well I couldn't tell her I am a bank manager"


regards

Glenn

[glenn k]

As an arborist I hate doing jobs in situations like yours. Basically if the council has no objections the decision is yours tell your neighbour to go f#@$^%* himself. Or make up some sort of contract so you can't be liable if later he decides the tree is dangerous and should be removed or that it can be done at his expense.
By the way cypress is good wood, It only has 1% shrinkage and lasts well outside (sapwood not so good). I have my stairs, table, 4 panel doors, a high bed and the weather boards on my house made from it.

[Eastie]

Tree and a half now removed and neighbour dealt with in swift jaw dropping fashion.

As anticipated the little bastard confronts me in the back yard (no rear fence at the moment). His timing wasn’t too good to say the least as I was trying to dislodge a wriggly critter from under a pile of new fence posts. The torrent of abuse that was flowing came to an abrupt stop when he realised that I had hold of more than a shovel.
I again took liberty to informed him of the two arborist reports and that if he didn’t stop being a pain in the and get over it I’d throw the now agitated black snake either at him or over his fence – his choice.

During the whole experience we’ve meet another four neighbours in the area who are all extremely happy that the noxious weed has been removed. You can’t please everyone but I think the majority are with me on this one.

Anyhow the hole is well underway and now soaking in water to soften the next few feet. Another question – what sort of lime?


---------------------------
PS if any members in outer east melb. want's some free firewood drop me a line - must not have a dodgy ticker as there is around 10 tonne all in rounds. Unfortunately due to the hilly location, powerlines and lack of suitable foundations to site a 60tonne crane cutting it into 10' lengths and using it for timber wasn't an option so it is in 14-18" lengths up to 4' diameter

[Grue]

Wacko,

Great ending?

Glenn.

[DanP]

Toss the snake over anyway. Just for being a pain in the .:D