Q: Does a homeowner have a duty to remove a hazardous tree?
Neighbor is limiting the use of my driveway. I cannot park where I want because of a hazardous tree.
A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during windstorms. When the tree falls it will land in the street and my driveway, possibly hitting pedestrians and damaging property. The tree will also hit my cars. The homeowner states that his insurance will only pay for downed trees and is waiting for this to happen. His last words to me were, " just pull up all the way in your driveway and you should be fine". Seems his insurance company would like to know his plan. He has had other trees fall and is definitely aware of the danger. Do I have any recourse?
A: Call the City. There is probably an ordinance or code that is being violated., Or, offer to split the cost of removal.
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A:
In California, homeowners have a responsibility to maintain their property and address hazards that could pose a danger to others. This includes removing or properly managing hazardous trees. By allowing a dead Modesto Ash to remain, especially one that shows signs of instability, the homeowner may be neglecting their duty to ensure safety on their property and the surrounding area.
You have several options to address this situation. First, document the hazardous condition of the tree and any incidents where it has caused damage or posed risks. Reporting the issue to your local city or county authorities can prompt an inspection and potential enforcement of safety regulations. Additionally, consulting with a legal professional can help you understand your rights and explore possible actions against the neighbor for negligence or to seek compensation for any damages.
Taking these steps can help protect your property and ensure the safety of pedestrians and other neighbors. It’s important not to wait until the tree causes harm, as proactive measures can prevent potential accidents and liability issues. Acting promptly will provide you with the best chance to resolve the situation effectively.
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