Maintain Your Trees!

Yasaman has sent me the following email pointing out that regular maintenance of trees on resident’s properties could prevent damage or even injuries.

In light of the severe storms we've been having, I want to point out that owners should be more aware of trees in their properties, specially those that have the potential to fall over their neighbor's yard and cause damage. Even though each person's insurance company would cover damages to the structures, no one wants to be in a position to have to go through the head-aches involved. Also, if the fallen tree does not cause any damages to any structures, the insurance companies will not pay for the removal of the tree. The latter happend to me during the second blizzard this year, where my neighbor's tree fell on my deck, but did not cause major damages. Luckily, I had a very nice neighbor who paid for the entire tree removal from both his and my yard, but not everyone could be nice like him, particularly when you read the county tree laws.

 

Can you please be kind and alert the community of this very important matter.  I really appreciate it. Yasaman

Yasaman touches on one point that I'd like to expand upon.  Because both the winter and summer storms this year have damaged homeowner's trees, I've often been asked who is responsible for the damage if a neighbor's tree falls on my property.  I've asked this question of both the IFA insurance agent and arborists hired to repair or remove damaged trees.  My interpretation of the answers I've received goes something like this:  The instant a tree (or a part of a tree) falls onto your property, that tree becomes your property.  It is no longer your neighbor's property even if it had been before it fell on your property.  I'm not saying that this is the legal interpretation of the situation (although it might be), I'm just saying that all the information I've received from experts is consistent with this view.  Given this interpretation the following conclusions can be drawn:

1. You may dispose of the tree that fell on your property in any way you choose.  Your neighbor who originally owned the tree has no role in this decision.
2. Your insurance company is expected to pay for the repair of any damage caused by the fallen tree -- not your neighbor's insurance company!  The same holds true for the cleanup of the fallen tree.  This makes sense since you are now the owner of that fallen tree, even though you didn't ask for the tree or want it to fall on your property.
3. When a branch from a neighbor's tree overhangs your property, by this interpretation, that branch is yours.  You may trim it as you see fit.  An exception is that if your trimming of the overhanging branch causes damage to the tree, then you are responsible for the damage your actions has caused. If you decide to trim (or cut down) an overhanging branch of your neighbor's tree, please make sure you hire a certified arborist to analyze the consequences that will result from the trimming of the branch and make sure that your actions won't result in damaging the tree and therefore make you responsible for the damage. 

As I said earlier, I'm not a lawyer and so I don't know if the fallen tree is legally yours.  But from everything I've heard from the experts, the rules seem to function as if you owned the fallen tree.  

Perhaps lawyers, insurance people, arborists, or other knowledgeable residents in our community can provide comments since this issue has unfortunately become all to common lately.  Please leave a comment on this blog post or send me an email with your thoughts.

Thanks,

Harvey

Harvey Levine

iftblog@gmail.com

Report Tree Damage!

The Inverness Forest Association is surveying the damage to common area trees that was caused by the storm this past Sunday.  Please send me an email describing any situation that might pose a danger to residents.  Be as specific as possible about the location of the tree.

I will collect all the email I receive from the community and forward them to the people doing the survey.  We are requesting bids from tree companies we've used in the past.

Please send your email reporting tree damage to me at:

iftblog@gmail.com

Thanks,

Harvey

Harvey Levine

IFA Treasurer

Help Us Clean Up the Woods

Don Vicars, the volunteer in charge of the maintenance of our trees and the woods, is organizing a cleanup of the woods this weekend.  Don writes the following:

The woods are an important asset to our community.   But like a garden, they require maintenance to stay healthy and look natural.  Each year, we have our tree vendor cut down dead trees and branches that are dangerous.   Other things fall on their own.   And homeowners put branches and shrubs in the woods.   It all adds up to wood on the ground.   A little wood scattered in the forest is healthy and looks natural.   Too much becomes a problem.

There are problem spots in the IFA forest that would benefit from a cleanup.  We are seeking volunteers this Sat, 6/19 to help cleanup large branches and small fallen trees that have accumulated over the years.  If you are interested in helping, please leave your name and number and someone will contact you.

Don has asked me to compile a list of volunteers and their phone numbers.  He will phone the volunteers and make arrangements for this Saturday's cleanup.  If you are interested in helping the community with this cleanup, please email me your name and phone number and I'll pass that information to Don.  My email address is at the bottom.

Thanks,

Harvey Levine
Inverness Today Blog
iftblog@gmail.com

Community Beautification Day!

Community Beautification Day will be held on Saturday May 17 from 9:00 AM to 11:00 AM. Complete information can be found on the splash page (first webpage you come to) at the IFA website: http://www.invernessvillage.org/

Donuts, coffee, and trash bags will be available. And door prizes! (Well, there isn't any door outside so maybe I should call them "lawn prizes"). A famous freelance photographer from the Potomac Almanac might stop by to take photographs (yours truey, of course).

Please see the website at the link above for complete details.

Harvey