neighborly tree removal

PracticalProblemSolver

My neighbors giant, dead ponderosa just fell into my yard, I went over to talk to him about it and when I brought up having a service remove it he said he's got a new chainsaw and he'll just do it himself, normally I'd just say that's fine as long as it gets done, but the tree is huge and it's not all the way on the ground. It landed on a hilly, rocky part of my yard and this guy is at least 80 and I'd be surprised if he weighs 100 pounds dripping wet. I'm not comfortable with letting him work on it inside my yard, I definitely don't think he should be using any chainsaw at all but that's his deal.

So I guess my question is twofold:

Legally speaking, what are my options?

Morally speaking, should I let this guy maim himself in my yard?

for scale: the three is about a meter thick and 18 meters long.

Boutros

As someone who just had a tree fall into his neighbor's yard I have learned the following:

If the tree had no leaves on it last summer, it is your neighbors fault.
If the tree had leaves on it last summer, it is your problem.

Our tree had leaves, so my landlords insurance said they'd pay to have the fence that got fucked up fixed but it was our neighbor's problem otherwise, and their homeowner's insurance would have to cover it. We cut the tree up for them anyways, but now they have a big pile of brush covered in snow in their yard. Fortunately they don't care.

So your homeowner's insurance may cover having a service remove it, but if the tree was truly dead they won't and it is probably up to your neighbor as to how the tree gets removed.

Shogun

If you're worried about liability tell him to only dispose of the tree on his property, and that you will take care of the tree on your side.

Jasconius

Buy a 50 dollar camera and point it at the tree.

That way if he cuts off his arm in the process you've got proof it was his dumb ass.

Anyway, typically when they draw up lots and so on, the "ownership" of trees and so on are well established, so check into that. Sometimes they will say "well since the roots extend into your property you are 15% liable" and some such shit.

It depends on the property laws in your state.

The Crowing One

I'd suggest talking to a property lawyer, first and foremost.

Your largest concern seems to be him injuring himself on your property, which is a pretty big concern. At the least, I'd draft a simple contract absolving you of liability in the case of accident.

FyreWulff

Tell him that he can only cut it up on his side of the yard, anything on your side will be handled by you.

Him working in your yard would be a huge liability, even if the accident was minor and he didn't blame it on you, his insurance company would still sue you.

Lachoneus

i think you should just have a service remove it. tell the guy not to do anything because you are taking care of it.

legally, if he hurts himself on you property, i think you become lable.

uean

Be a man and grab his chainsaw from his old jiggly saggy skin arms and cut the thing up yourself.

(Personally with the number of chains Ive seen break and take guys out I wouldnt do this myself)

Lachoneus

uean wrote: »

Be a man and grab his chainsaw from his old jiggly saggy skin arms and cut the thing up yourself.

(Personally with the number of chains Ive seen break and take guys out I wouldnt do this myself)

your avatar is hilarious

Dman

I'd hire someone to do it, just pay for it myself and keep the firewood (assuming you or a friend has a fireplace).

Your elderly neighbor will probably start strong but tire quickly, and then if he's dumb and stubborn he will continue working and hurt himself. You don't want that happening on your property.

At the very least offer to do it for him or with him and just take it in stages.

PracticalProblemSolver

So I talked it over with him and he's just going to hire a service to do it. I would do it for him but he wants the wood, no way I'm going to cut up a tree like that just for fun.

Slider

My grandpa is 80, has a chainsaw, and still goes out and works in the yard. But, yeah, I'd probably just be a good neighbor and do it myself.