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Would you have helped me?


A Tripolation
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What would you have done?  

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  1. 1. What would you have done?

    • I would have helped in any way possible, was my tree after all
      10
    • I would've helped, but I probably would've been a liability
      4
    • I would've called to tell you about it, but that's all
      0
    • Your responsibility legally. No help from me
      0


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So recently, a neighbor's tree blew down and fell onto our fence on the south side of our farm. We found out about it late the next day as we went and checked to see if the fences were ok (as we do after every storm).

 

They didn't call to inform us, nor did they offer even the slightest bit of help with removal of the tree.

Legally, we had to remove the tree as it fell on our land. Now, I understand that not everyone can use a chainsaw without getting it stuck, nor do most people know how to properly hitch things to a truck, but anybody can throw limbs and branches out of the way.

 

So, my question to you all is: Would you have helped us move the tree?

I hope my poll options are fair. Thanks for any input :)

 

BTW, out of spite, we ended up rolling the major trunk back into their yard. Jerkish of us, yes, but oh so funny. :D

 

~Tripolation

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No, we didn't ask...that's the point of my question. Would you have offered to help us?

When you ask, the person is usually under obligation to help, so I was wanting to know if you would help of your own volition.

 

Trust me...they knew the tree was down...they would have to be blind not to see it. It was a monster that took out that entire side of the fence.

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Well, frankly... I think YOU are the one making the error in judgment. You ASSUME they knew the tree had fallen, and further, you never even bothered to ask for their help before you went and started the clean-up... before you "rolled the major trunk back into their yard" like a jerk.

 

That changes matters dramatically.

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The tree was down for over an entire day before WE noticed it...I think its safe to assume that they knew the tree had fallen considering that their yard was impeccably clean and that branches were everywhere else /BUT their yard. It was the biggest tree in their yard, so it is impossible that they did not see it.

 

And had we tried to sell the tree for profit (as it would ahve made EXCELLENT timber were it not for the fact the Oak was hollow on the inside) Im sure they wouldve seen it as their tree. So, we were returning their property. A truly jerky thing to do wouldve been to roll it in the road by their house and let the county take care of it :D

 

So...would you have helped iNow? Let's assume you knew the tree was fallen...and that you had seen us using the chainsaw (they went back into their house when we started...they were stting on the porch but I guess the chainsaw disturbed their peace.)

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Yeah, I'm with iNow. It took you until late the next day to find it, and only went you went out to check. Maybe they didn't know. Maybe they did, and were planning on taking care of it themselves.

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It took us till the next day because it was on the south end of our farm, and we live on the north, and had quite a bit of fence to cover. They live about 10 yards from the tree and 20 yards from where the fence was taken down...so...I think that explains why it took us awhile to find it.

 

And Sisyphus...if they were planning on taking care of it, wouldnt common sense have told them to at least call us and tell us about the problem (they know every name in the family, and have a phone book, and we are listed)? What if our cattle had gotten out? Im sure that if they planned on doing something about it, they wouldve had the courtesy to place a phone call.

 

And we didnt ask because, no offense to anyone here, city people have this allergic reaction when they are involved in any sort of physical labor. In the past, other neighbors have said this to us, and I quote "I dont care if my tree falls...what do I need with a tree? You fix it, I dont mind it where it's at". This has happened twice during my life.

 

Put simply, I would have offered my help, and that is the point of my question. Would you have offered help or taken comfort in the fact that it isnt your responsibility legally?

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Its difficult to assess anything as we do not have the neighbors side of the story. IMO, they should have helped, but you cannot fault them for not helping without talking with them.

 

As has already been implied, do you even know they were home at all? Or noticed the tree (it could have been missed if they only are at the house at night)? There have been times where I and my entire family are not at home, even for a couple of weeks. Have you talked with them at all since the tree fell down? Perhaps there are circumstances you are not aware of.

 

That said, you did what you had to do. Regardless of their failure to at least notify you (which I agree they should have done), you cleared the tree and fixed the fence because otherwise your cattle could get out. The fact that you rolled the trunk into their yard, I don't see as being too bad. It is their tree after all, and has value for firewood if not suitable for lumber.

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Yes, they were home...they were sitting on their porch and their cars were in the driveway...

 

Even if they werent home they wouldve had to drive past the fallen tree.

 

I cannot see of any circumstance that would prevent them from contacting us about it, or helping us when we were there, as they were home, and it was a Sunday.

 

If anybody can please let me know. I do not wish to be angry for no particular reason.

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The challenge is that it depends on the circumstances. It would be one thing if you'd asked and they refused. However, since you didn't ask, all we can do is speculate based on minimal information.

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I disagree with those guys. I can empathize...I mean...I live on a farm where all the land around us has been bought by developers and suburbs built. They complain about the tractor noise, they complain about my fields. I can just see one of their trees falling and us having to build a new fence with no help from them at all.

 

Do you use barbed or straight wire? Barbed is a pain in the ass to rebuild.

Man, if it were me, I would've rolled every single limb and branch into the road and let them try and figure out how to move it without my loud loader tractor.

 

Im a bit bitter against city people too :D

 

Good Luck, and sorry you had to go through all that.

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Yes, they were home...they were sitting on their porch and their cars were in the driveway...

 

Even if they werent home they wouldve had to drive past the fallen tree.

 

I cannot see of any circumstance that would prevent them from contacting us about it, or helping us when we were there, as they were home, and it was a Sunday.

 

If anybody can please let me know. I do not wish to be angry for no particular reason.

 

 

Technically, if the tree was on their property, fell across your fence onto your property, they are liable for damages and cost of putting your fence and property back to original condition, even if an act of God (A Storm).

 

Contacting you is somewhat different, in that an assumption of the event is obvious and who is responsible. For instance if you bump another car, can't find the owner...it is your responsibility to notify the owner of the damaged car. A note on the windshield, a police report or an effort to inform.

 

I don't know what State your in, but you probably could take this to 'Small Claims Court' asking for cost of repairs/clean up, which 99.9% of Home owners are covered under insurance. That said, if it's worth the irritating a neighbor and probably less than the deductible (owner would have to pay damages) it's just your call....


Merged post follows:

Consecutive posts merged
I disagree with those guys. I can empathize...I mean...I live on a farm where all the land around us has been bought by developers and suburbs built. They complain about the tractor noise, they complain about my fields. I can just see one of their trees falling and us having to build a new fence with no help from them at all.

 

Do you use barbed or straight wire? Barbed is a pain in the ass to rebuild.

Man, if it were me, I would've rolled every single limb and branch into the road and let them try and figure out how to move it without my loud loader tractor.

 

Im a bit bitter against city people too :D

 

Good Luck, and sorry you had to go through all that.

 

Loosely speaking under the 'Right of Domain' (you were there first) no one can take action against anything you have always done, that's legal, often an issue when homes are built around airports. Contractors would be foolish not notify you or fix any damages their work creates to your property. They had to received a 'Permit', even if from the County (if not city) which always indicates this responsibility. Same as to the rest however and that damages from a home owners tree or other articles to your property IS their responsibility. In the same token if your tractor rolls into their fence, it becomes your problem and I do believe you would repair the damages with out question, lived on a farm many years myself...

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I'd say your life is going pretty well considering your latest problem is how to go about clearing the tree that fell on your farm. :)

 

I'd have just cleaned it up and went on about my business I suppose, and ask the neighbours to kindly check to see if the rest of the trees are in any sort of condition so as to prevent a similar incident happening in the future? ;)

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  • 2 weeks later...

Speaking as one of those stupid "city people", my neighbors and I usually talk before doing anything that has a direct bearing on each other's property. Sure, indirectly, Matt's crabapples fall onto my lawn and burn a patch of grass if I let them rot there, but my daughter loves to puff dandelion seeds onto his lawn so I just pick up the apples and don't mention that part (I'm sure if I did, I'd hear about something else Matt has to put up with from my side of the fence, and I'd probably have more to say too).

 

Dave, on the other side, has a small granddaughter that loves to throw toys over the fence. I toss them back over and don't say anything because my tree branches hang over into Dave's yard and he doesn't say anything about that when we talk.

 

In the winter, because Matt works early and his wife is just a tiny thing and his kids are too small to help, I generally shovel his sidewalk up to his mailbox. I do the same thing for Dave since his son's in a wheelchair and he's off to work early each morning too. I don't mind because I hope it offsets some of the stuff they don't mention to me that pisses them off about living next door to me.

 

But about something big that directly affects each other, we talk, and we talk at length. Common fences, tree blowdowns, even when we're scheduling renovation work that may start kind of early in the morning, we let each other know. And if I'm going for a load of cedar bark or garden rock, I always ask if they want to go in on it with me. They rarely do, but I ask. Again, I look at it as a neighbor bank, something that will buy me some karma since I'm far from the perfect person to live next door to.

 

But I'm just a stupid city person, so what do I know?

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What if someones tree fell through your house though. DID YOU EVER THINK OF THAT, Who is going to pay for that Phi to repair the house? What if the neighor didnt have the GutZ to tell you...would you not be mad?

 

(beat that pun(s))

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Oak-ay, maple you have a point. I wouldn't be very poplar with my neighbors if I didn't cedar dilemma and offer to spruce up their house after my big-ash tree fell on it. Olive my efforts to be neighborly would pine away to nothing and I willow them a big apology.

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