Posted by NCWayne on April 20, 2011 at 20:32:53 from (166.82.187.163):
Just read the replies to my post last night about the dead tree. BOB, in order to save you time, skip this and go to the end and I'll answer your question.
Now, my actual question last night, that didn't get answered, was how would I find something like this listed in the Statutes. By that I mean would it be under personal liability, homeowner liability, liaility for dead trees, who's responsible for this mess, etc, etc, etc. I've looked everywhere I can think of to look under every heading I can think to look under and unless it's about a tree and a public road I can't find anyting.
Now for those that asked for more info, for what it's worth, here goes. The tree as it stand s now is about 3 feet around at the base and still standing probably 40 plus feet to the to, so even in death it is stil a big tree. Plus it's even larger scale wise because of where it sits. It started showing signs of being dead three years ago and started dropping small limbs. Over the winter it progressed to one about 8 inches in diameter and 30 feet long dropping. It only took down one fence panel and damaged two others, so it's not worth messing with the insurance over a $40 repair. I've talked to the homeowner where the tree actually sets and he knows it'd dead but feels it's on an easement and is the responsibility of the HOA to take care of. HOA rules say it's the homeowner's responsibility and are fining him every month but he won't pay the fines or get the tree taken down. HOA says they can't and won't do anything else. I can't even get them to make the guy clean up the dropped limbs, etc from the tree that are keeping me from getting to the outside of the fence to repair it. I've talked to the guy and he's nice enough but he drives a truck so is rarely at home so he really doesn't care. I know he wouldn't mind if I took the tree down but I can't afford to get a tree service to do it. I could do it myself but the only access to the tree is through another neighbors yard and it would have to be dropped into their yard also as there isn't room in the yard of the guy that owns it due to it being wooded. This means damage to their yard from tires, limbs digging in when the tree drops, etc, etc all having to be repaired on top of taking down the tree. Basically way too much money to spend right now for me given the current economy...and that's IF the other neighbor would even let the tree be taken down in their yard. The city might be able to do something in a few more months when they get their ducks in a row over the area being annexed last year but for right now they don't care about it either...I've asked....
Basically it's all a matter of someone elses problem becoming mine and there isn't a damm thing I can legaly about it that isn't going to cost me more money than it's worth at the present time. I am basically just trying to get to know the law so I can cover my a$$ if and when the time comes.
BOB, simple answer, it's a rental house. My wife bought it before we got married an lived there for nearly 8 years. When we got married we moved into mine, IN THE COUNTRY. We kept her old place as a rental because selling short to the tune of over $30,000, due to the economy tanking, would have been outright stupid...and I might be dumb but I ain't stupid.....
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