scumbag landowner

This is a situation where I was referred by the town to the landowner. I really did not want to get involved, but it was a referral.

Right at his property line a big Ash split and is STILL on to garages from adjacent postage stamp properties. They are all bickering as to who is responsible. Did I mention that this is not a very affluent community? My experience with insurance companies tells me this is an "act of God" and the tree owner is only responsible if the party was notified earlier of a potential hazard. I know this is a scumbag route this guy is taking, but it is what it is.

Myself or 95% of my customers would fess up and remove the tree out of good will, but this guy is going by his insurance companies standards.

I wrote this letter to him complimentary knowing I will make money removing the remaining portion, but it still leaves a bitter taste in my mouth. F'ing slumlords!!

What's that Pesci movie?



Dear Mr. Atkind,

***please do not use this letter , this is a draft, tomorrow I will put on appropriate letterhead and fax it to you****

As a NJ State Certified Tree Expert and Board Member of The International Society of Arboriculture, New Jersey Chapter, I am obligated to give you my professional, un-biased assessment of the tree related situation at 1723 Stuyvesant Avenue.

Mr. Atkind had contacted me Wednesday, November 16th with regards to a split tree on his property, a small strip mall on Stuyvesant Avenue. I informed Mr. Atkind that I would visit the site within a few days.

Friday, November 18th, I did visit the site and observed a large twin trunk White Ash located in the left rear of the property. One of the two trunks, approximately 30 inch in diameter, had split from the main stem and had fallen on two adjacent garages.

The cause of this split is attributed to the sharp crotch formation where the two leaders join, this is somewhat inherent in mature Ash trees. Through time, as each leader becomes larger they will form “included bark” which will essentially push each leader apart.

I did notice some decay at the base of the tree, but none that would have been a factor in this particular failure.

I did inform Mr. Atkind that the remaining portion of the tree should be removed because it does represent an above average risk for failure.

This incident may have been prevented by installing a cable brace in the tree, something Mr. Atkind indicated to me that he had no prior knowledge of.

Sincerely,

Trevor Hoeckele
NJ Certified Tree Expert #451
 
Sounds fair enough. You did good.

At the end of the day if the owner of the tree pleads ignorance he's safe. The moment they learn about trees or are advised of a defect they become liable ... so the way it works is that stupidity pays off!

When the rules change to make the owner of a tree liable for the damages it causes they may get them checked and worked on. If the failure was unpredictable and there were no VTA symptoms then of course it's "an act of God" excluding the owner from liability.

Of course such a change in laws would lead to arbophobia and mass removals ... so what's the ideal solution?

Over here the local govt can force an owner to remove a hazardous tree. They issue a removal notice. The recipient doesn't remove the tree then what? This was a case I had and it made the papers, the tree had a huge leader fail and the remaining had to come down but the client couldn't afford it. So, what happened in the end? Nothing, 2 years later the trees still there.

If the client cant afford the removal how can they also afford a fine? The local authority cannot tresspass and force it's way in to do a removal and bill it to his rates, if that happened a precident would be set for waiting till council did your trees on time payment terms!

It's a mess when people are irresponsible. /forum/images/graemlins/crazy.gif
 
Isnt this why you have insurances? Whats wrong with it to let them pay up the damage when sh!t happens. I know i cant see all problems in advantage and take danger away. For those cases it goes wrong i carry insurance.
 

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