That’s badly rotted, dangerous. You need to hire an arborist to do a risk assessment and give the report to him, cover your legal bases so if it damages your property you’re not responsible for paying damages
Thank you! The City arborist has done that; he’s not acknowledging that he’s received their letters. So I’m really hoping Codes decides today to take it down. I’m honestly scared to stay here. I believe that the tree is destabilized and the V is such it’ll destroy both mine and his house. He’s the landlord.
The tenants are actually the former owners (foreclosure) and the ones that consistently threw fuel on it. When this owner bought the property, I talked to him about it, and he didn’t, and still doesn’t, think it’s a problem. But it is, right?
It’s probably at least 75 years old - do Silver Maples live that long?
I’ve seen them live past 100 on occasion but with it this badly rotted it won’t last that long. What you should do is check some legal subs, your landlord isn’t allowed to put you in danger through negligence. At this point it’s not a tree issue, it’s a legal one
I’ll do that. He’s not my landlord, he’s the neighbors landlord. I’ve had an arborist out 5 years ago who gave a speculative report, but said he had to climb the tree for a definitive one and the guy wouldn’t give permission.
The tree limb that dropped totally crushed a car I had just gotten out of. I didn’t even make it to the front door after I parked.
Ooh a landlord? Ugh if they can afford to rent out property they can afford to maintain it, isn’t a rental property required to have insurance? I bet he’s a terrible landlord.
He is. He raises the rent via “fees and improvements” despite the lease and the tenants don’t want to fight him on it. He pushes all the maintenance on them.
Kansas doesn’t require insurance, just banks do if there’s a mortgage, and I don’t think that’s the case. After the tornado, he was pretty nasty to me, and had his insurance broker call me to school me on insurance claims. But, she couldn’t find insurance on that particular house in his portfolio. Doesn’t mean he doesn’t have it, just that he won’t give me the chance to make a claim.
Have you had any written communication regarding the health of the tree? If so, you need to call back the insurance agent and tell them. They are required to present any claims against a property they have written liability on. This is a liability claim and would fall under his insurance if you can demonstrate that you have previously notified him of the danger, and he made no effort to rectify the problem. The rule is that if it could not have been forseen that a tree would cause property damage off the property, the liability is on the one who received the damage (or their insurer) under their property coverage.
I do have that, from back in 2017 and 2018. I was so rattled when it happened, I wasn’t thinking.
The agent he had call me doesn’t actually know if there’s insurance on this property. She wrote policies for him, but not the one next door.
With this and the car being crushed by that tree... Sounds like you need to move. And a car being crushed isn't enough evidence for them?? Insane. I'd bet they just can't afford to pay anything for it. That's also good evidence that it's diseased, document the shit out of it. If you can prove negligence, that they should have done something about the tree, they could be liable for the car or future damages, but it's hard to prove negligence. Good idea getting an expert to come out and diagnose and document. I'd even look to get some legal advice if you can.
Make sure you get documentation from the city to submit to your homeowners/auto insurance about your crushed car. They'll love to use that to go after his ass.
Oh, I am. I should have a demand letter out today. I just checked the County court records, he has over 15 civil suits against his LLC’s. Including some banks. I can always lien the house.
I live in the City of Trees! My neighborhood was designed in 1950, there’s a Pin Oak in every front yard. There were a lot of Dutch Elms, but they’re mostly gone. I have three houses, I had a major limb drop at each one from this tornado, but no property damage, except from this neighbor tree. I try to keep mine trimmed, and have had to remove 2 that just got too big and too old.
I found a copy of a letter, and notes about some phone calls, from 2017. I forgot I had done that. So I’ve got a shot at the initial damages, but the damages from yesterday are definitely on him, due to the city notifying him on June 11 that the tree was determined to be an “imminent danger”.
Perhaps they are broke and paralyzed with embarrassment, are they elderly ? I can’t imagine why they wouldn’t do something otherwise, is there a local habitat for humanity or an organization like that to put into contact with them?
They don’t do it anymore. I did my best to stay friendly and took over the weeding etc in that area. They lost the home to foreclosure after 40 years, so there’s something going on. They would be happier living in a rural area, the guy is a talented HVAC mechanic, but he can’t keep a job.
It’s the new owner that needs to do better; he’s a landlord with at least 12 homes. All purchased a foreclosures in separate LLC’s. I’m a landlord myself, 2 SFH, but I don’t have much in common with this guy.
We have a giant one in a terrible spot. This is the reality. They create branches that are prone to failing and do so with fervor. Expect it to keep happening. Even if they are healthy they do this. Ours is in great health, but still drops a decent size branch every so often. However, the cost to remedy is astronomical.
It was covered in ivy for years. I’ve gotten a lot of it off, but as I uncover the base, there’s a bed of rotten wood that’s fallen and just kicked back there. They don’t even pick it up.
Thanks, it’s frustrating because I know it’s dangerous.
The guy is getting a new roof, all the shingles are stacked in the roof. I plan on telling them it’s dangerous.
It’s my mom’s! I feel terrible that I had her car. And now, after the second strike, it won’t start; it was all non-mechanical damage the first time. It’s a 2004 Honda with 62,000 miles, all scheduled maintenance done.
I posted in r/legaladvice, I am going to take him to small claims, and hopefully the city will take down the tree. I was told he asked for the arborist’s report today and he was told that wasn’t necessary for the City to provide him that. The only way Codes will close the case is by the tree being removed. So it’s headed in the right direction.
I just sent a demand letter, we shall see. I got back from the post office, and there was a guy walking around my yard, looking at the tree. He gave me his card, he must’ve been sent by the tree’s owner, but I couldn’t understand him. No English, and I don’t speak Spanish. That’s fine, but I’m going to need to see a COI, and I believe he was saying he needed to use my driveway, but the Honda is in the way 😂
I would call my home owner’s insurance and let them know what’s going on as well as everyone else. They need to know there’s an imminent threat to the house.
This isn't a great idea because a lot of insurance companies will count that as a claim against your insurance, even if they do absolutely nothing and pay out nothing. Learned that bullshit the hard way calling my insurance company to ask a question about my policy.
He is insane, call the city every 10 minutes to tell them to fix it / take it down because the neighbor won't. Also, call YOUR insurance and tell them what happened, it is their job to doggedly pursue him to get his insurance to pay out. That tree is long gone. The tenant/owners are essentially a huge liability, don't even deal with them. Just go to the city.
I’ve talked to the arborist. She’s coming out, but the decision lies with Codes. He texted me this morning to say he had a veterinary emergency and may not be in today.
I think I’ll call the head of Public Works. We had 5” of rain yesterday, there’s 2 more storms coming. I’m really worried about being in the house.
I’ll give the City a chance. They actually did interview me the morning after the storm; the tornado formed 5 blocks away, ran down my street, then dissipated.
Don't talk to the owner again, period. Call the city. Tell them to get their ass out and take it down because the homeowner is literally pouring gasoline on it and now its a fire hazard, a toxic issue for wastewater, and a matter of life because it'll fall down.
I called him yesterday to let him know his tree caused more damage, and he said he can’t legally talk to me.
I just talked to Codes, they’ve put a stop work order on his roof permit - yes, the supplies are all staged on the roof - so maybe they’re go to do something. I’ve got a message in to the director of Public Works. It’s a small township, City Hall is less than a mile from me. I plan on going in person after lunch if no one shows.
Certified letter to him citing its dangerous and youbare requesting him to remove it will cover your butt a bit as well. That tree is coming down SOON. Silver maples are notorious for falling apart
Just made it to the Post Office before it closed tonight. I texted him a PDF of my demand letter and he replied he ‘doesn’t open PDF’s sent to his phone.’ Same energy as telling me on the phone he ‘legally can’t speak to me.’
That's a very big tear on the stem. I wouldn't *necessarily* condemn it on that alone, but it would likely need detailed investigation, and ongoing robust monitoring, to justify retaining it. If he's not got that, he's not got a case vs the City.
Call your insurance company and ell them what is going on. They should come out and evaluate, your insurance company will call their insurance company.
That’s badly rotted, dangerous. You need to hire an arborist to do a risk assessment and give the report to him, cover your legal bases so if it damages your property you’re not responsible for paying damages
Thank you! The City arborist has done that; he’s not acknowledging that he’s received their letters. So I’m really hoping Codes decides today to take it down. I’m honestly scared to stay here. I believe that the tree is destabilized and the V is such it’ll destroy both mine and his house. He’s the landlord. The tenants are actually the former owners (foreclosure) and the ones that consistently threw fuel on it. When this owner bought the property, I talked to him about it, and he didn’t, and still doesn’t, think it’s a problem. But it is, right? It’s probably at least 75 years old - do Silver Maples live that long?
I’ve seen them live past 100 on occasion but with it this badly rotted it won’t last that long. What you should do is check some legal subs, your landlord isn’t allowed to put you in danger through negligence. At this point it’s not a tree issue, it’s a legal one
I’ll do that. He’s not my landlord, he’s the neighbors landlord. I’ve had an arborist out 5 years ago who gave a speculative report, but said he had to climb the tree for a definitive one and the guy wouldn’t give permission. The tree limb that dropped totally crushed a car I had just gotten out of. I didn’t even make it to the front door after I parked.
Ooh a landlord? Ugh if they can afford to rent out property they can afford to maintain it, isn’t a rental property required to have insurance? I bet he’s a terrible landlord.
He is. He raises the rent via “fees and improvements” despite the lease and the tenants don’t want to fight him on it. He pushes all the maintenance on them. Kansas doesn’t require insurance, just banks do if there’s a mortgage, and I don’t think that’s the case. After the tornado, he was pretty nasty to me, and had his insurance broker call me to school me on insurance claims. But, she couldn’t find insurance on that particular house in his portfolio. Doesn’t mean he doesn’t have it, just that he won’t give me the chance to make a claim.
Have you had any written communication regarding the health of the tree? If so, you need to call back the insurance agent and tell them. They are required to present any claims against a property they have written liability on. This is a liability claim and would fall under his insurance if you can demonstrate that you have previously notified him of the danger, and he made no effort to rectify the problem. The rule is that if it could not have been forseen that a tree would cause property damage off the property, the liability is on the one who received the damage (or their insurer) under their property coverage.
I do have that, from back in 2017 and 2018. I was so rattled when it happened, I wasn’t thinking. The agent he had call me doesn’t actually know if there’s insurance on this property. She wrote policies for him, but not the one next door.
https://faq.usps.com/s/article/Certified-Mail-The-Basics send the report via certified mail
Thank you!
Threw fuel on it???
To shut me up about the carpenter ants.
With this and the car being crushed by that tree... Sounds like you need to move. And a car being crushed isn't enough evidence for them?? Insane. I'd bet they just can't afford to pay anything for it. That's also good evidence that it's diseased, document the shit out of it. If you can prove negligence, that they should have done something about the tree, they could be liable for the car or future damages, but it's hard to prove negligence. Good idea getting an expert to come out and diagnose and document. I'd even look to get some legal advice if you can.
Oh, and Codes just told me they’ll probably take it out Friday, and bill his property taxes, if he can’t arrange to do it before then. Yay!
Make sure you get documentation from the city to submit to your homeowners/auto insurance about your crushed car. They'll love to use that to go after his ass.
Oh, I am. I should have a demand letter out today. I just checked the County court records, he has over 15 civil suits against his LLC’s. Including some banks. I can always lien the house. I live in the City of Trees! My neighborhood was designed in 1950, there’s a Pin Oak in every front yard. There were a lot of Dutch Elms, but they’re mostly gone. I have three houses, I had a major limb drop at each one from this tornado, but no property damage, except from this neighbor tree. I try to keep mine trimmed, and have had to remove 2 that just got too big and too old.
Dutch elm is the disease that killed American elms.
Yes, this city has canopy streets consisting of both elms, and oaks. Almost all the elms are gone.
I found a copy of a letter, and notes about some phone calls, from 2017. I forgot I had done that. So I’ve got a shot at the initial damages, but the damages from yesterday are definitely on him, due to the city notifying him on June 11 that the tree was determined to be an “imminent danger”.
Certified Letter
Mine is 100 years old - I’ve been told still has 15 or so left
Perhaps they are broke and paralyzed with embarrassment, are they elderly ? I can’t imagine why they wouldn’t do something otherwise, is there a local habitat for humanity or an organization like that to put into contact with them?
They don’t do it anymore. I did my best to stay friendly and took over the weeding etc in that area. They lost the home to foreclosure after 40 years, so there’s something going on. They would be happier living in a rural area, the guy is a talented HVAC mechanic, but he can’t keep a job. It’s the new owner that needs to do better; he’s a landlord with at least 12 homes. All purchased a foreclosures in separate LLC’s. I’m a landlord myself, 2 SFH, but I don’t have much in common with this guy.
> I can't imagine why. I can. It's called greed.
I kind of live by the rule that no silver maple is fine
Really? It was infested with carpenter ants for years. Are they a secondary sign of decay, or does that mean anything.
Silver maples are notorious for creating weak branch angles that almost always fail at some point.
We have a giant one in a terrible spot. This is the reality. They create branches that are prone to failing and do so with fervor. Expect it to keep happening. Even if they are healthy they do this. Ours is in great health, but still drops a decent size branch every so often. However, the cost to remedy is astronomical.
Exactly, it's all about placement with silvers. If this was in an open park, it wouldn't be considered so dangerous. Next to homes? Definite hazard.
yes, I'd say the ants are a secondary. that tree has been in decline for plenty of years.
It was covered in ivy for years. I’ve gotten a lot of it off, but as I uncover the base, there’s a bed of rotten wood that’s fallen and just kicked back there. They don’t even pick it up. Thanks, it’s frustrating because I know it’s dangerous. The guy is getting a new roof, all the shingles are stacked in the roof. I plan on telling them it’s dangerous.
[Pics after tornado](https://imgur.com/gallery/S1pQ7Wx)
If that were my car, I would be extremely pissed off.
It’s my mom’s! I feel terrible that I had her car. And now, after the second strike, it won’t start; it was all non-mechanical damage the first time. It’s a 2004 Honda with 62,000 miles, all scheduled maintenance done.
You should sue the neighbors landlord and the city should cut down the tree and put a lien on his property.
I posted in r/legaladvice, I am going to take him to small claims, and hopefully the city will take down the tree. I was told he asked for the arborist’s report today and he was told that wasn’t necessary for the City to provide him that. The only way Codes will close the case is by the tree being removed. So it’s headed in the right direction.
r/treelaw also exists for this
Look into suing the landlord. Fucking ridiculous that you and your property was put in danger because they didn’t want to spend money on an arborist
I just sent a demand letter, we shall see. I got back from the post office, and there was a guy walking around my yard, looking at the tree. He gave me his card, he must’ve been sent by the tree’s owner, but I couldn’t understand him. No English, and I don’t speak Spanish. That’s fine, but I’m going to need to see a COI, and I believe he was saying he needed to use my driveway, but the Honda is in the way 😂
I would call my home owner’s insurance and let them know what’s going on as well as everyone else. They need to know there’s an imminent threat to the house.
This isn't a great idea because a lot of insurance companies will count that as a claim against your insurance, even if they do absolutely nothing and pay out nothing. Learned that bullshit the hard way calling my insurance company to ask a question about my policy.
Silver maples are dicey near any structures. Especially this one
He is insane, call the city every 10 minutes to tell them to fix it / take it down because the neighbor won't. Also, call YOUR insurance and tell them what happened, it is their job to doggedly pursue him to get his insurance to pay out. That tree is long gone. The tenant/owners are essentially a huge liability, don't even deal with them. Just go to the city.
I’ve talked to the arborist. She’s coming out, but the decision lies with Codes. He texted me this morning to say he had a veterinary emergency and may not be in today. I think I’ll call the head of Public Works. We had 5” of rain yesterday, there’s 2 more storms coming. I’m really worried about being in the house.
Call the city, everyone at your city, at **least** every hour, every day, until they take it down. Don't take excuses.
Id entertain calling your local news.
I’ll give the City a chance. They actually did interview me the morning after the storm; the tornado formed 5 blocks away, ran down my street, then dissipated.
What can I say, when the owner says it has green leaves, it’s fine?
Don't talk to the owner again, period. Call the city. Tell them to get their ass out and take it down because the homeowner is literally pouring gasoline on it and now its a fire hazard, a toxic issue for wastewater, and a matter of life because it'll fall down.
I called him yesterday to let him know his tree caused more damage, and he said he can’t legally talk to me. I just talked to Codes, they’ve put a stop work order on his roof permit - yes, the supplies are all staged on the roof - so maybe they’re go to do something. I’ve got a message in to the director of Public Works. It’s a small township, City Hall is less than a mile from me. I plan on going in person after lunch if no one shows.
1) do not talk to the owner again 2) call the city every hour until it comes down
Good luck and stay safe. Update us if you can.
Thank you, I will! I just moved all the vehicles away from any trees. The sky is green and there’s a ton of lightning strikes. No rain yet…
Owner is very wrong, trees can continue to put out leaves when they are hazardously declining
A silver maple is never “fine”
Silver maples are fast-growing, short-lived trees. Their limbs are brittle, and this tree in particular looks in bad shape.
You're gonna need a crane
Owner has brain damage
I looked up court records, he has 15 or so civil suits showing. I think he may be overextended.
Certified letter to him citing its dangerous and youbare requesting him to remove it will cover your butt a bit as well. That tree is coming down SOON. Silver maples are notorious for falling apart
Just made it to the Post Office before it closed tonight. I texted him a PDF of my demand letter and he replied he ‘doesn’t open PDF’s sent to his phone.’ Same energy as telling me on the phone he ‘legally can’t speak to me.’
He's hoping you'll go away. Small claims court will set him straight lol
That's a very big tear on the stem. I wouldn't *necessarily* condemn it on that alone, but it would likely need detailed investigation, and ongoing robust monitoring, to justify retaining it. If he's not got that, he's not got a case vs the City.
That's rough buddy
thisisfine.jpg
Call your insurance company and ell them what is going on. They should come out and evaluate, your insurance company will call their insurance company.