here's the letter, btw I also copied the insurance co's.
... REPORT 060114
ASSIGNMENT
I was asked to look at trees behind ..., Apex NC 27502 and write a letter documenting any hazard that they pose to that property.
OBSERVATIONS
A southern red oak, Quercus falcata has uprooted. Approximately half of its roots have broken and pulled out of the ground. It is leaning on a post oak, Quercus stellata. The post oak trunk is heavily bent, and shows signs of cracking. AT 88 pounds per linear foot and 50 feet long, the red oak trunk weighs 4400 pounds. At 48 pounds per linear foot and 40 feet long, the post oak trunk weighs 1920 pounds.1 Together these two trunks weigh over three tons, not including branches. When they fail, this mass will tend to create a domino effect, taking down a dead pine tree in their path as well as a tall living pine and other trees.
The oaks themselves are likely to crush the ... fence and shrubbery, and if the domino effect occurs, the ... home may be damaged by the other trees. I spoke with the owner of the trees, who told me that the oaks themselves would fall short of the house, therefore Ms. ... had “no recourse”. He told me that there was nothing he had to do because it would be an “Act of God”. It is my opinion that a landowner who has actual or constructive knowledge of a defective tree must exercise reasonable care to prevent harm.2 I also believe that a landowner is subject to liability from harm caused to others outside of his land by a known defect in the condition of the tree.3
I recommend that the owners of these hazardous trees, ..., Apex NC 27502, Wake County Account... remove the risk to their neighborhood by seeing that these trees are safely brought to the ground.
This concludes my report. I can clarify any portions of it upon request.
Sincerely Yours,
Guy Meilleur, ISA Board-Certified Master Arborist #SO-0284B
Better Tree Care Associates
1. National Park Service Conversions Chart
2. Arboriculture and the Law, Victor Merullo, 1992
3. Tree Law Cases in the USA, Lew Bloch, 2000
ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided to the consultant/appraiser is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management.
2. It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations.
3. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant/appraiser can neither guarantee nor be responsible for the accuracy of information provided by others.
4. The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement.
5. Loss or alteration of any part of this part of this report invalidates the entire report.
6. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior express written or verbal consent of the consultant/appraiser.
7. Neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of the consultant/appraiser -- particularly as to value conclusions, identity of the consultant/appraiser, or any reference to any professional society or institute or to any initialed designation conferred upon the consultant/appraiser as stated in his qualifications.
8. This report and any values expressed herein represent the opinion of the consultant/appraiser, and the consultant's/ appraiser's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported.
9. Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. Unless expressed otherwise, information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection.
