Tree on house

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In my experience..... The neighbor can be held liable if they had prior knowledge of a hazardous condition. Other than that, it is labeled and act of God.

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That's the way I've always understood it to be, also.
 
The client did take pictures, the insurance adjuster took pictures, we took pictures, the neighbor took pictures. We did cleanup the neighbors roof and yard, but left the log. The clients insurance adjuster said she was liable for the damage to her property. The insurance was going to pay after the deductible was met. I did agree with the neighbor disposing of the log. It was his tree.
 
Funny that legal talk.... As far as i know here in the netherlands a tree owner is resopnsible for it and damage made by it. As a tree owner you have to be certain that a tree is in "healty"(above groundlevel) condition. (as far as a noob can see) So leaving a dead tree, broken tree, tree full with fungus, not removing broken/dead limbs, or so in place makes you responsible for damage made by the tree. Also when you have an old, big fulgrown tree you should as owner get it checked up regulary. In most damage cases i handled, the insurance(of tree owner) did pay out the damage. But the insurance rates immediatly go up for the tree owner and also often they have to get a treeworker to make a report every 3-5 years about the state of the tree. We also have a exception on damage by trees. When a storm passes and wind speed goes above force 12 (25 m/second /forum/images/graemlins/confused.gif) a tree owner doesnt have to pay up(cant be held responsible for) the damage if he can certify that the tree is taken care of properly (1 or 3-5 yearly reports from a treeworker or bills that recent work has been done on the tree)

Im not sure in this case how it would end... Looked like a fine healthy tree above ground with rotten roots... Who can see that and take the neccesary consequenses? On the other hand, its my opinion that such a big tree near residences/homes/publicground need to be checked up for safety regurlary.

Also, if fruit from a tree from my neighbour falls on my property its mine. also fallen limbs and and other parts that are disconnected from the tree itself. If the tree complete falls over (like the one in this topic)it is supposed to be the tree owners property and he has to clear it or pay for the clearance.

We have here a nice book about TREE and LAW that makes lot of legale stuf easier to understand. Its provided by the dutch tree foundation and a specialist tree jurist. it provides alot of info about done cases in the past wich future accidents has to follow up in terms whats right or not.

One thing left, Jelte asked about the term "dry root", you told it was ment to be "dry rot". How do you compare "dry rot" with to much watering as cause? So what is the defenition on fungus specie for that "dry rot"? I am familiar with [in dutch] bruinrot (brownrot)what i think could be simular to "dry rot". [in dutch] witrot (whiterot) could be simular to "wet rot".
Brownrot as we learned does brake down the "lignine" so the cubice brownisch "cellulose" is left in the trunk. With whiterot the "cellulose" is eaten by the fungus and the long white "lignine" structure remains. (or do i frase this wrong?)
On the pics from me in this link below you can see an beech tree infected with Ganoderma spp. that causes white rot. See the trunk with the typical black lines of the fungus. all the centre is "white rotted" and feels wet. The hollow trunks also are infected but cleaned out by bugs etc. because there was an opening to the outside.

[edit] You can swap images by going over them with the mouse[/edit]160yrs old beechtree removal (crane job)

Regards
 
Its cool we have a Dutchie with us... I have family there. Mother and Oma.

As Teti said, cut it at the property line and walk.

If it were my tree that fell on MY neighbors house, I would stand up and do the right thing and take care of it,....and feel terrible that my plant did damage to their home, ........but not the case here.

As a homeowner with damage to my home and resistance from the tree owner, I would do a blanket search of local tree companies to see if anyone has recommended the tree to come down in writing. If so, I would pursue the matter aggressively because they had prior knowledge of the condition.

You guys know Dixon Ticonderoga pencils are made from Insense Cedar?
 
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You guys know Dixon Ticonderoga pencils are made from Insense Cedar?


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I even dont know what Dixon Ticonderoga pencils are.....

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Incense-cedar Cupressaceae Calocedrus decurrens , now i know what it is to. Dont remember if i ever seen this tree in europe (maybe in some arboretum?)
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OK, of to work now. its 06.23 am here
 
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