Post Florence Damage

#1
Hey buzzers, I'm a Certified Arborist looking for recommendations from fellow professionals. I left the industry in 2010 when I entered the military, but maintained my certifications and still climb periodically. I'm stationed in NC and renting a home and there is a pine on an adjacent property that now leans toward the house I rent. After delaying for 2.5 months, the rental agency managing the property that the pine is located on informed me that the home owner has declined to remove the tree. Please give me any recommendations as you would move forward if you were in my position. Moving isn't really an option, as the rental market dried up with all the homes damaged. Marines moving into the area are being told to leave their family's behind in the near term. I'm currently drafting a letter to send certified mail informing the owner and management company of the hazard, so they can't claim it an "Act of God" if it falls now. I may also include some cases where the homeowner was held liable in similar instances. Thanks in advance for any ideas you can give me.

JP
 

JeffGu

Well-Known Member
#5
I'm going to assume that tree isn't just practicing his gansta' lean... sending certified letters is a very good idea! You need to show that they were warned, if it falls.
 
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#6
That's my thought process. I was tempted to climb it and handle myself, but that lean concerns me too much. No others near enough to tie into.
 

skygear

Active Member
#7
You still have some of your gear? I'd climb that bad boy and piece it down. Is the issue they don't want to pay? Get written permission, and see if you can get someone on the cheap. I'min St. Pete Florida. For the right price, I travel for work. I already know, start a saw in a neighborhood, people come out and want work done. I have family in Cherry Point. They were hit hard, whole downstairs flooded 6'+. All the trees in the back came down. None on the house luckily.


Looking at the pics, I see 3 that 'should' come down. tall leaner, small leaner, and the dead shorty.

Do as you said.Send the certified letter. Nothing comes of it, send another and see if they would go half with you. Post online and see if anyone would do it for free.
 
#9
I have all my gear and still climb time to time, but not worth the risk to me at this point. The loose soil around here greatly concerns me. I have a one year old and another on the way. I'm tempted to rent a 50 foot boom and just top it. The stem isn't a hazard to the other home. Removing the top ~25 feet would eliminate the hazard to the house I rent.

They came out and took down the dead one by mistake I believe. I think that's part of the reason they are refusing to pay for the removal of the other one. They told me they were quoted $900 for removing the one currently standing.
 
#10
Nothing behind the home, just pine straw and natural area. Unfortunately, there isn't enough room to drop it from the base. If cut to fall away from the homes, it would get hung up in the other pines still standing.
 

skygear

Active Member
#11
Thats not bad pricing. I was going to say $700-$1000 depending on the removal of the debris etc. $700 if I can cut and stack the wood.

It would cost you $250 a day for the boom rental from Home Depot normally.
 

evo

Well-Known Member
#12
you can also send a copy of the letter to the tree owners insurance company, and the agency hired to rent the property (if there is one). Both of which will apply pressure on the owner to deal with the tree. Honey is best, but if all else fails play hardball. Don't pay for it.
 

colb

Well-Known Member
#13
The wind is a much stronger force than you are until you get into 2-3" wood. If you don't need to rig it and it has been alive for a few months, it may be climbable...
 
#14
Thats not bad pricing. I was going to say $700-$1000 depending on the removal of the debris etc. $700 if I can cut and stack the wood.

It would cost you $250 a day for the boom rental from Home Depot normally.
Unfortunately by delaying, they missed out on the free county debris pickup.
 

skygear

Active Member
#15
Unfortunately by delaying, they missed out on the free county debris pickup.
Oh, I know all about that. It is a blessing whenever they play cleanup! I love the get it to the curb jobs.

My thoughts exactly @colb - I've climbed worse. Tie into the small leaner, rig up 2 lines. 1 in each tree. Top it out and call it a day.
 

Crimsonking

Well-Known Member
#16
I’m interested to hear from the knowledgeable- I’ve been told that documented warning of hazards can be spun to hold you liable in the event of incident, since you were aware of the hazard and didn’t mitigate it yourself. Yes it’s a heads they win, tails you lose scenario, but it’s happened once that I know of, and I’m interested to hear from educated parties as to the liability of sending that certified letter. Before hearing of the situation I’m referencing, I would’ve been gung-ho for that suggestion.
 

Jehinten

Well-Known Member
#17
I’m interested to hear from the knowledgeable- I’ve been told that documented warning of hazards can be spun to hold you liable in the event of incident, since you were aware of the hazard and didn’t mitigate it yourself. Yes it’s a heads they win, tails you lose scenario, but it’s happened once that I know of, and I’m interested to hear from educated parties as to the liability of sending that certified letter. Before hearing of the situation I’m referencing, I would’ve been gung-ho for that suggestion.
I've never heard of that (that certainly doesn't mean it's not true) but I would think that it not being your property protects you from not marching over there and starting a saw. Possibly even more so if you do offer to do the work for a fee or suggest a company to do it, if the homeowner's refuse it should fall back on them. At least in my opinion
 

colb

Well-Known Member
#20
That's so long ago... surely the tree is regrowing tension roots to deal with the new lean. Did you confirm active uplift at the base? Is there loose soil indicative of current, active uplift? A tree is allowed to lean if it has the roots to support it... The fact that it did not come down during Florence shows that, in addition to some roots that allowed it to lean, it also had some good root structures that withstood very high wind. Might want to order a copy of the ANSI A300 tree risk assessment section and delineate the case a bit more...
 
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