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      02-14-2019, 10:41 PM   #23
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Suddenly I realize how lucky I am to be able to cut up trees that fall near my yard and throw them in the woods.


If it was me i'd cut it up, then leave it down by the office for them to deal with claiming you and the neighbor called several times. Let them deal with it.
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      02-15-2019, 09:39 AM   #24
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Suddenly I realize how lucky I am to be able to cut up trees that fall near my yard and throw them in the woods.


If it was me i'd cut it up, then leave it down by the office for them to deal with claiming you and the neighbor called several times. Let them deal with it.
I really want to, but I realized I DO live in Seattle. I'm 100% certain the cops would show up at my house and arrest me. I'd be charged with assaulting a tree, intimidation, collusion to intimidate, planning to intimidate, harassment, inciting harassment, littering, loitering, obstructing a place of business, pruning a tree without an arborist license, towing a tree without a tree towing permit, etc.
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      02-15-2019, 11:20 AM   #25
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I really want to, but I realized I DO live in Seattle. I'm 100% certain the cops would show up at my house and arrest me. I'd be charged with assaulting a tree, intimidation, collusion to intimidate, planning to intimidate, harassment, inciting harassment, littering, loitering, obstructing a place of business, pruning a tree without an arborist license, towing a tree without a tree towing permit, etc.


Yup, you are screwed.
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      02-15-2019, 11:39 AM   #26
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Hi everyone! Looking for some guidance. Seattle got crushed by a series of snowstorms last week. All the snow and ice brought down about 40% of a tree that's in my neighbor's yard, but of course everything fell square into my yard. Of course the house is a rental and the very nice lady who lives there was in no way prepared to do anything about it, other than direct me to the property management company who "maintains" the property on behalf of the out of state owner.

I reached out to the property management company and no surprise they are failing to return my calls. The renter tells me they are totally unresponsive to her requests for repairs. Leaking window, broken blinds, even a tree growing through a gutter that makes a horrible screeching noise when the wind blows that I can hear inside my house. Cant imagine how loud it is for her!

So bottom line I think there's a 1% chance they do anything for me. I've spoken with a colleague of mine who went though something similar and was told that unless I can demonstrate that the tree was not well maintained, the tree owner is not liable and it's 100% on the owner of the property in which the tree fell into to deal with it. So basically, the law is not on my side on this one, unless I pay an arborist to prove the tree was in ill repair.

I just paid $150 to have a pile of brush clippings about 1/2 this size hauled away so I estimate I'm looking at $300 to make it go away. Not the end of the world and not worth a battle, but there's also just the feeling that this shouldn't be on me.

What would you guys recommend? Keep bugging the property management company? Spend the $300 and just be done with it? A friend said "Had their garbage can, lawn chair, or porch umbrella blown into your yard you'd simply return it, right? So why not just return this property to their yard?" That's honestly how I'm leaning right now. Get a chainsaw, chop it up, and chuck it all over the fence. Perhaps I'll haul it down to the property management office after hours and dump it on their front doorstep.
If you know where the property mgmt company is, why don't you stop by and ask them to deal with it face to face?
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      02-15-2019, 02:03 PM   #27
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My god you guys pay a lot for that crap. I had half of a big maple come down last year so I bought a chainsaw and cut it up myself. Makes for some great firewood. Was pretty easy to get rid of, although it was enough to fill my truck bed for 2 trips.

I agree with the above about cutting and dumping it on the property management's doorstep as well, haha.
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      02-15-2019, 04:22 PM   #28
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Quote:
Originally Posted by CTinline-six View Post
Suddenly I realize how lucky I am to be able to cut up trees that fall near my yard and throw them in the woods.


If it was me i'd cut it up, then leave it down by the office for them to deal with claiming you and the neighbor called several times. Let them deal with it.
I really want to, but I realized I DO live in Seattle. I'm 100% certain the cops would show up at my house and arrest me. I'd be charged with assaulting a tree, intimidation, collusion to intimidate, planning to intimidate, harassment, inciting harassment, littering, loitering, obstructing a place of business, pruning a tree without an arborist license, towing a tree without a tree towing permit, etc.
yeah, there's that. Id recommend not getting caught

in all seriousness, it'd usually the arboring that's expensive (there's something about climbing a tree with a chainsaw and cutting the branch you're standing on that insurance companies get antsy about).

If you just want what's fallen in your yard cut up and removed I'd start with a "free firewood, need it cut up and removed ASAP" advertisement on Craigslist (or gumtree or in the classifieds section of your penny saver, whatever is relevant in your area).
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      02-15-2019, 04:26 PM   #29
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Couldn't your insurance company get a hold of their insurance company?
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      02-16-2019, 03:00 PM   #30
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Don't try to learn how to use a chainsaw on your own to save a few bucks; not the most high-tech thing, but they really can bite you very hard. I'd ask around to find the guy who wants to take it away for firewood (around here they leave their info at the hardware store bulletin boards, tack up signs, etc - not hard to find s/b).
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      02-16-2019, 06:04 PM   #31
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Maybe it's different in Seattle but here in South Florida, this wouldn't even be a question. Debris on your property is your problem regardless of source and honestly I wouldn't even waste my time contacting a property manager for a rental property neighbor.

As far as a record of previous disrepair, I think the avenue there is to notify the municipality (in advance of an issue) and have a record of that notification. The municipality can cite the property owner or step in and correct it and bill them. Your insurance company can't really take corrective action for your neighboring property and they will stuck with a claim whether notified in advance or not.
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      02-17-2019, 06:12 AM   #32
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Did this snowstorm take a lot of trees down? If so your chances of getting any satisfaction from suing or otherwise contacting the management agency are slim to none. If an act of nature caused a tree in her yard to fall into your yard, it is your responsibility to deal with it. So deal.

Out here in the hinterlands this kind of thing is rarely a problem. Trees fall, neighbors gather and clean them up, life goes on.
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      02-17-2019, 10:33 AM   #33
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as others have said responsibility will vary by State, maybe even by County. where i live responsibility attaches to the roots, including pruning to prevent encroachment for example. having the statutes on your side, unfortunately, is not always the same as obtaining satisfaction. as you're finding out.
if it was me, and reasonable requests (by email, so you have a record) were ignored, I'd take pictures, rent a chain saw, make pieces small enough to move, toss the debris over the property line. maybe hire a local urchin to help if the pile is big enough.
just guessing that your time is way more valuable than attempting to improve this management co's sense of civic responsibility.
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      02-17-2019, 02:11 PM   #34
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You don't tell us how much stuff is in your yard or how big around the stuff is.

Were it me, I'd contact your trash company to see if they haul away yard debris and if so can you simply put it in your trash can.

Assuming yes to both questions, cut it up and throw it away.

Then drink a few beers.....
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      02-17-2019, 03:10 PM   #35
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Quote:
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Don't try to learn how to use a chainsaw on your own to save a few bucks; not the most high-tech thing, but they really can bite you very hard. I'd ask around to find the guy who wants to take it away for firewood (around here they leave their info at the hardware store bulletin boards, tack up signs, etc - not hard to find s/b).
aww man, I disagree.

take it as an opportunity to buy your first chainsaw. get a small one (they're easier to handle).

I've never really liked using the angle grinder or circular saw, but chainsaws are fun!

Just don't be an idiot - five minutes on YouTube will tell you how to not jam the bar - and always drink after using power tools, never before.
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      02-18-2019, 09:46 AM   #36
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Appreciate everyone's feedback. Thank you! A few updates:

1) I do love how many people assume I don't have or cant use a chainsaw. Granted, this is a BMW forum and not a Ford Pickup forum so the chances are better that folks here don't count chainsaw mastery in their list of personal accomplishments. Not to fear, I have two chainsaws. The issues is not a lack of ability to take care of this myself, it's a lack of time and a lack of feeling like it should be my responsibility.

2) Spoke with my insurance company and this is 100% on me to take care of. Damn. Because there was no damage my insurance will not get involved. In the state of WA any debris in your yard from any source outside your yard is your problem.

3) Renter behind me texted me yesterday while I was driving home from Portland (about 2.5 hours from home) and told me she had emergency surgery over the weekend. Her 15 year old diabetic son was home alone over night and her few friends in the area (she just moved here from out of state) were all out of town. Hospital would not release her in an Uber; she needed a friend or family member to pick her up. Son is too young to drive. Poor lady. She got linked up with another neighbor and got a ride home before I could make it back to Seattle, but bottom line is I'm not going to bug her about this tree and I'm sure not going to just throw it over the fence and make it her problem. I'll chop it up this weekend and get someone to cart it away.

4) The remainder of the tree is leaning towards my house. Insurance said they WILL cover it if it falls and damages my fence or house (which it certainly will). They instructed me to take photos, document my concerns, and send in a certified letter to the property management company. If/when it falls (assuming the property management company does nothing) then they will go after them. That's about all I can do for now.
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      02-18-2019, 09:58 AM   #37
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Bonfire!!!!!!!!
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      02-18-2019, 12:15 PM   #38
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Originally Posted by DETRoadster View Post
Appreciate everyone's feedback. Thank you! A few updates:

1) I do love how many people assume I don't have or cant use a chainsaw. Granted, this is a BMW forum and not a Ford Pickup forum so the chances are better that folks here don't count chainsaw mastery in their list of personal accomplishments. Not to fear, I have two chainsaws. The issues is not a lack of ability to take care of this myself, it's a lack of time and a lack of feeling like it should be my responsibility.

2) Spoke with my insurance company and this is 100% on me to take care of. Damn. Because there was no damage my insurance will not get involved. In the state of WA any debris in your yard from any source outside your yard is your problem.

3) Renter behind me texted me yesterday while I was driving home from Portland (about 2.5 hours from home) and told me she had emergency surgery over the weekend. Her 15 year old diabetic son was home alone over night and her few friends in the area (she just moved here from out of state) were all out of town. Hospital would not release her in an Uber; she needed a friend or family member to pick her up. Son is too young to drive. Poor lady. She got linked up with another neighbor and got a ride home before I could make it back to Seattle, but bottom line is I'm not going to bug her about this tree and I'm sure not going to just throw it over the fence and make it her problem. I'll chop it up this weekend and get someone to cart it away.

4) The remainder of the tree is leaning towards my house. Insurance said they WILL cover it if it falls and damages my fence or house (which it certainly will). They instructed me to take photos, document my concerns, and send in a certified letter to the property management company. If/when it falls (assuming the property management company does nothing) then they will go after them. That's about all I can do for now.
If it is leaning currently and looks as though it is about to fall - you really should press the PMC for the house next door to come and remove it. Regardless of the fact that your insurance will pay if it falls on your roof, that is still a major inconvenience that will likely leave you living out of your home for weeks, if not months. Trust me - I have experience with this, lol.

If the PMC won't do anything about the tree, I would try and get written permission from them to have someone come out and cut that tree down on your dime. You can then decide if it is worth it to try and get the costs back from the PMC either through standard channels or through small claims court if it comes to that.

This is all assuming the tree is likely to fall and impact your dwelling in the near future. Worst possible case scenario is that you remove the tree yourself and you are out a couple grand to not have to deal with the headaches if it falls.
I'll have to post some pics. I'm no expert but "about to fall" is definitely not how I'd describe it. Rather I think the damage it sustained is probably fatal if the tree is not tended to. It will likely die a slow death and come down in the next 5 to 10 years. The heartwood is exposed where the limbs ripped off. An arborist could maybe save it but we know the property management won't spring for that. Maybe I will in the interest of saving the one thing that blocks the neighbors view directly into my house!
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      02-18-2019, 01:43 PM   #39
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Dynamite. Dynamite solves a lot of these problems.
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      02-18-2019, 01:55 PM   #40
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Yeah - just do your due dilligence on whatever route you take. Here is a photo of the tree that dropped on my mother's old house in FL. It doesn't look too bad on the outside. Took 7 and a half months and $86,000 in insurance claims to repair the damage. Insurance paid for it all, but it wasn't worth the hassle. Afterwards, I had trimmers come in and uproot anything that was showing signs of possible death or disease.
That's horrifying!
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      02-18-2019, 02:05 PM   #41
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Yessir - hence my previous post if you really do have a tree that is about to drop.
I'll try to get some photos. it's tough this time of year. It's dark when I leave for work, dark when I get home from work, and I've been out of town the last couple weekends. It's been about 3 weeks since I saw the outside of my house in the daylight!
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      02-18-2019, 02:08 PM   #42
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You're talking to someone who works in external SEC reporting for a company that just filed an IPO 3 months ago. I am lucky when I get to work and leave work on the same day.

Yes, but you are also in the process of buying a Ferrari and I'm looking at minivans so you're still winning!

Your beautiful drop-top red reward for all the hard work is within reach. Just in time for summer!
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      02-20-2019, 05:03 PM   #43
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Around here there has been SO MUCH RAIN over the past year that even perfectly healthy looking trees may be in danger of toppling. The ground is just so saturated, so soft.
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      02-20-2019, 05:10 PM   #44
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Anticlimactic Update: Yard clean up crew came out today. $250. It's done. Property management company never responded. I'm done, yard is clean, I've moved on. I am going to document the damaged, neglected, tree and send to the property management company and my insurance company.
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