Post Florence Damage

[JD3000]

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.

All's you can do is provide a strongly emphasized and well-qualified opinion of the situation. Mitigating the problem(s) is in their court.

 

[Jonny]

Even if you got the gear and skill, I'd suggest not messing with those trees unless you're hired to.
Thanks for serving, jip40. Ft Bragg?

 

[rustykfd]

Is it a military rental house? I’d work through your command if that’s the case. In my experience (although a bit dated) they have a lot of pull with the property management/ownership. I’m sure it’s lucrative to stay in their system as the base will surely keep you in line at their request.


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[guymayor]

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 don't think there is such a duty.

 

[guymayor]

If the trunk is not cracked and the soil is not heaved up, where is the hazard?

That could straighten itself. If you do whack it, all the adjacent trees will be higher risk.
NO need to clearcut the planet after a storm.

 

[jip40]

Even if you got the gear and skill, I'd suggest not messing with those trees unless you're hired to.
Thanks for serving, jip40. Ft Bragg?

I’m up Cherry Point, one of the best kept secrets in the Marine Corps

 

[jip40]

Is it a military rental house? I’d work through your command if that’s the case. In my experience (although a bit dated) they have a lot of pull with the property management/ownership. I’m sure it’s lucrative to stay in their system as the base will surely keep you in line at their request.


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Unfortunately we’re off base. Not a lot of pull there.

 

[rustykfd]

When I was in, the USCG had leased off base housing for “accompanied” folks. If it is an official leased house, they’d have pull. I’m guessing you are renting it yourself?


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[jip40]

When I was in, the USCG had leased off base housing for “accompanied” folks. If it is an official leased house, they’d have pull. I’m guessing you are renting it yourself?


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yes

 

[jip40]

My first draft of a letter to the property owner adjacent to me is below, I'd appreciate any feedback:

Mr. XXXXX,

I’m writing you regarding the storm-damaged pine tree on your rental property at XXXXXXX. There are many factors that necessitate the removal of the tree in my professional opinion as a Certified Arborist. To begin with, the tree is leaning directly toward the bedrooms of the home at XXXXX providing a target according to American National Standards Institute (ANSI) Publication A300, and the height of the tree is great enough that it will strike the home. Additionally, the soil typical of this region of North Carolina is sandy and loose resulting in another risk factor with regard to the tree uprooting due to the lean and significant force of weight leveraging the root. Finally, the common failure of the tap root characteristic of pine trees poses a final risk. In summary, there are multiple factors that in combination lead to this leaning pine tree’s classification as a hazard to the residents and home located at XXXXX.

Respectfully,

XXXXXXXX
International Society of Arboriculture Certified Arborist Number SO-XXXXXXXX

 

[skygear]

I would include a picture with the tree in it. Or a couple pictures for that matter. Also, take some blaze orange tape or even the red "DANGER" tape and wrap the trunk with it so everyone knows which tree you are referencing just in case. Just to further the urgency and hazard you are trying to express in the prompt removal or topping of the said tree.

 

[southsoundtree]

You say it leans, not that it is root-pulled.

All trees lean.

 

[jip40]

You say it leans, not that it is root-pulled.

All trees lean.

The base is covered with thick brush, difficult to tell if it is heaving without removing the brush.

 

[evo]

I question the taproot theory in your letter.

Try to be more subjective. “It appears” “could” “should be evaluated by a qualified professional” “likely to impact” etc.. don’t add verbiage that you have trespassed onto private property to fully evaluate the tree, as this is illegal.

 

[JD3000]

"my opinion, this tree should be inspected by a blah blah blah as soon as scheduling allows, blah blah blah, potential high risk, etc"

Sign your name with your credentials and provide an extensive list of local and qualified professionals and their contact info.

 

[jip40]

Thanks guys