Directv came out to set up my new HD dish but the one tree in the way is on my neighbor's property and he won't let me cut it or trim it. I respect the fact that it's on his property but its a dead oak and from his back door you can't even see it. The dead one next to it fell (onto my property) and he didn't even know that until I pointed it out to him. Here's the kicker. HE'S MOVING. He has a for sale sign in front and a lock box on the door but I guess he has to make it hard for me because he can. Got a surveyor coming out because it's right on the line but anyone know of a way out or maybe some law that states I can have line of sight for satellite signal. I know it's ironic, all just to watch TV but that one spot (highest point on my roof) is about the only place the dish can go.
Tree In The Way
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Serously, if the tree is dead i.e. no leaves, if you position the dish to miss the trunk, it should not affect the signal that much. You dont give a zip code, but at the elevation of the satellites, in most areas of the country, the dish would be pointed higher than the thick part of the trunk anyway.
BTW, check your city codes, and see if they have a code requiring homeowners to remove dead trees that pose a falling hazard ;0
BTW, check your city codes, and see if they have a code requiring homeowners to remove dead trees that pose a falling hazard ;0
Send him a letter (certified mail) putting him on notice that the tree is dead and needs to be removed. State that in the event the tree falls on your property and causes damage he will be responsible for the damages and debris removal. Also advise that since he is aware of the situation he should disclose this information to any potential buyer.
Then offer to remove the tree for him as a favor to avoid the whole situation.
Then offer to remove the tree for him as a favor to avoid the whole situation.
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I'm assuming the part of the tree blocking signal isn't a part that overhangs your property? I know in some cases, you legally can trim a tree from your property, the parts overhanging.
I don't believe it has to endanger your house, but I am not a lawyer either.
I don't believe it has to endanger your house, but I am not a lawyer either.
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I'd go with checking city code to see about getting them involved if it is, in fact, dead. Also look at trimming if the obstruction is actually hanging onto your property.
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The OP is dealing with a obstinate neighbor who is selling his house and will be moving (though that can take a considerable amount of time). The letter you proposed will have very little impact. Tree removal is very costly and should not be the OP's responsibility. Any potential buyer will be responsible for noticing the dead tree and negotiating it's removal as a agreement before purchasing the property. If not, once they make the purchase and sign at the closing they are accepting the property "as is".weadjust said:
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It may not have much of an impact but LOS aside, the letter is the right thing to do. If the tree is dead and the OP expresses his concern that it may fall on his property causing damage or injury then if it does happen the tree owner has liability for those damages. At least in CT and NJ that's the way it works. Big dead trees can be dangerous.MysteryMan said:
BoJatey, as far as LOS is concerned there is no recourse I know of. You can check you State's website but I doubt there's anything there. However, if we ignore LOS completely, you may find your state/town has some statute or ordinance about hazardous trees. You might want to check with your town Zoning Office or maybe the Building Inspectors. Someone in those offices may know if you have any options regarding potentially hazardous trees on property lines.
Mike
Putting all the tree removal issues aside, a dead tree isn't going to block your satellite reception unless the trunk exactly lines up with one of the satellites (as DavenIr mentioned), and then only if it's a trunk large enough to shadow your dish significantly. Was a reception test actually done, or did the installer just say "tree" and walk away? It might come down to more of an installation issue rather than a tree location one.
You need to get more information on the actual blocking capabilities of this leafless tree before you get too excited otherwise. I would continue my efforts on getting it removed, but in its present state, it might not be an impediment to reception at all. If your dish location isn't shadowed by the tree trunk during a predicted sun outage, it won't block the signal either.
You need to get more information on the actual blocking capabilities of this leafless tree before you get too excited otherwise. I would continue my efforts on getting it removed, but in its present state, it might not be an impediment to reception at all. If your dish location isn't shadowed by the tree trunk during a predicted sun outage, it won't block the signal either.
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+1Davenlr said:
Where I live, if a live tree from a neighbor's yard falls on your house (e.g, from a tornado or hurricane), you are responsible for the damage and for removing the portion of the tree that is laying on your property; however, if a dead tree from a neighbor's yard falls on your house, the neighbor is responsible for the damage and for removing the tree from your property.
Dead trees should be removed promptly.
Guess I should of mentioned that I already cut one down that I thought was on my property but he says was on his and he wasn't too happy about it but he let it go. He spray painted "DO NOT CUT" on the dead oak and ran a yellow "Do Not Trespass" tape right down the middle of the woods. Again, with the realtor sign and a lock box on the door, I thought he was gone but anything I try to do legally will get him to come back at me for the tree I did cut down. The problem with this tree is he doesn't believe its dead. It still grows leaves at the top but that's it. Nothing from the ground to at least 30 to 40 feet up grows on it. I'm not a tree expert but like the others, I think it's dying from the ground up.weadjust said:
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You don't want to make the situation with the neighbor worse, so taking a cautious approach, as you're doing is wise. If he is still mad about the first tree you cut down, he's only going to get angrier if you send him a formal letter.
As others have stated, I'd first check with the city or county. A quick phone call to the zoning office will probably get you an answer about dead trees. They might even have a way for you to report the issue and have them take action. Since there's a previous history of another tree falling down, you have more evidence for potential harm.
Another option is to contact his real estate agent and politely explain your situation. Emphasize your concern for your property (not that you want to put up a satellite dish) and maybe the agent can intercede on your behalf.
Ultimately, getting better TV isn't worth the potential headache of a neighbor on the warpath. Good luck!
As others have stated, I'd first check with the city or county. A quick phone call to the zoning office will probably get you an answer about dead trees. They might even have a way for you to report the issue and have them take action. Since there's a previous history of another tree falling down, you have more evidence for potential harm.
Another option is to contact his real estate agent and politely explain your situation. Emphasize your concern for your property (not that you want to put up a satellite dish) and maybe the agent can intercede on your behalf.
Ultimately, getting better TV isn't worth the potential headache of a neighbor on the warpath. Good luck!
If the tree is still producing leaves it isn't dead. Older trees don't produce leaves at the bottom, especially if the canopy at the top doesn't let much light through. This is especially true of older oak trees (I have several 100+ year old oaks in my yard). As the tree grows, lower branches die off and must be pruned or cut."BoJatey" said:
It may be dying, hollow and dangerous but not dead yet. It may just need some serious maintenance if it has been neglected as it sounds like it has. I suggest getting an expert to look at it or maybe just your insurance agent to determine if the tree poses a threat (get it in writing) then give a copy to the neighbor or perhaps his real estate agent.
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