Avenues if Trees Topple

Trees topple, tumble and fall when storms hit an area with strong winds. Since forces of nature are not controllable by man, man can however prevent mishaps that result in body injury and property damage. You can do something before the next storm to protect you and your neighbors. But sometimes, accidents happen because of neglect, carelessness and disregard of preventive measures that can save life and damages to property.

The Preventive Measures

There are certain trees that have a shallow root structure and a top-heavy growth would more likely become hazardous. These types include; Monterey Pine, Eucalyptus, Acacia, Douglas fir and bay, and Monterey cypress. The more stable tree varieties can also become hazardous due to improper pruning.

To save a tree and prevent mishaps, prune the tree properly. There are improper ways of pruning trees. The top pruning method is defined as cutting the top off from the tree for increased light or view. But this can create a structurally unbalanced and unsound tree. The lollipop method is cutting the lower branches off and leaving a tuft of growth at the top of the tree. This is another risky method that can topple the tree on strong winds. The lion-tailing method is trimming the inner branches of the tree to leave growth on its ends can also increase the risk.

If you believe that a tree on your or your neighbor’s property creates a threat, consult a certified arborist or urban forester and have the tree inspected.

The next step to take

Once the certified arborist or urban forester confirms that a tree on your property poses a hazard you should trim it according to advice or cut it down. Neglect in performing the specialist’s advice can hold you liable and responsible when mishaps occur.

Now, if a tree belongs to a neighbor there are several avenues to the problem.

1. Talk to your neighbor. Never assume that your neighbor is aware of the dangerous condition. Explain to your neighbor the situation and condition of the tree. Once properly informed, the neighbor may be willing to eliminate the hazard and pay for some or all of the expense involved.

2. There are neighbors who are not willing to take the corrective action. Write a letter explaining the situation and enclose a copy of the urban forester’s report. This is how to notify your neighbor in writing and holding them responsible if you or your property is harmed by the tree.

3. Next would be to get help by notifying your local government. There are cities in California that will step in to correct or even make the owner take preventive measures against dangerous conditions. Some California cities will remove the hazard themselves and bill the owner upon refusing to take responsibility.

4. Then you can do it yourself.  In some states and cities in the U.S., it is legal to cut off offending limbs of a tree up to the property line provided however it does not destroy the tree or cut down the tree.

But taking matters into your own hands is quite a bit risky. Cutting branches that mortally wounds the tree can hold you liable for trespassing and you can get arrested. Additionally, you can also be subjected to liability for tens of thousands of dollars for wrongfully cutting a tree.

5. You can file a lawsuit to declare a tree a private nuisance. The court can direct the tree owner to take immediate action and correct the problem.

The small claims court allows you to represent yourself without a lawyer. You can bring your case to this court if you are asking for compensation for up to $5,000. Grounds such as loss of use and enjoyment of property are typical reasons in small claims courts. The fear of injury and damage to property are also strong grounds in small claims courts.

However, Superior Courts are proper venues for having a tree trimmed or removed. Lay people can also represent themselves in this court. But the process will not be a user-friendly process anymore. Get a lawyer who has experience in tree and neighbor law.

Always make it your last option to go to court. It can be time consuming and expensive. Moreover, it can create a long-lasting animosity, hatred and hostility between neighbors. Always consider the above avenues if trees topple into your property.