Big tree on rental property-who is resposable?

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Lorne
Posts: 368
Joined: Sat May 19, 2007 7:57 am
Location: Murrells Inlet,SC

Thu Aug 02, 2012 7:03 am

We have a gigantic Hickory just inches from our roof line and if it were to fall during a hurricane it could very well take out one or more houses next to us, or even ours for that matter. :shock:

Since we own the house, but rent the space, who would be responsible if it were to fall? :(
From what I understand, the park has to give permission if I wanted it cut down or back.

Has anyone run into this problem and how was it solved? Thanks.
1987 Craftsman Double Wide 42x28,w/attached 28x12 foot enclosed porch/ re-shingled 2 yrs ago. Original exterior vinyl w/no sheathing.


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Greg
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Joined: Wed Feb 28, 2007 8:01 pm
Location: Weedsport, NY
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Thu Aug 02, 2012 8:28 pm

The Tree is part of the land, so the land owner also owns the tree.

Perhaps I can make you feel a little better by telling you that a Hickory is one of the strongest trees. As long as it is in good health I would suspect that the homes would be gone BEFORE the tree fell. I would recommend having it checked by a certified arborist as for any trimming needed. I was in the Tree business for 20+ years and have seen many trees hacked, so please find a professional.

Greg
"If I can't fix it, I can screw it up so bad no one else can either."

1987Commodore
Posts: 383
Joined: Mon Oct 25, 2010 9:53 pm
Location: Steuben County, NY

Thu Aug 02, 2012 9:53 pm

Our lease specifies that all trees and bushes are the landlord's property, and if we plant any, they become his property.

Lorne
Posts: 368
Joined: Sat May 19, 2007 7:57 am
Location: Murrells Inlet,SC

Fri Aug 03, 2012 4:49 pm

Thanks a lot. I had thought of contacting a GOOD tree company to check it out.
1987 Craftsman Double Wide 42x28,w/attached 28x12 foot enclosed porch/ re-shingled 2 yrs ago. Original exterior vinyl w/no sheathing.

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Greg S
Posts: 541
Joined: Wed Jun 18, 2008 10:13 am
Location: Kingston Ontario Canada

Thu Sep 06, 2012 10:45 pm

Trees on rented land are the responsibility of the park owner to maintain. If a tree is damaged or it's condition is causing concern then the park owner should be asked to address the problems/concerns.
If a tree is healthy and its condition is not of immediate concern in the event of a storm where the tree causes damage to a home it is the home owners insurance that covers the cost of repairs to the tenants home.
The park owner is only responsible in the event they knew in advance that a unhealthy or previously damaged tree may potentially cause damage.

I deal with this type of situation on a regular bases where tenants are concerned about trees in the vicinity of there homes asking if I will remove them. Standard response is if the tree is healthy it stays otherwise they pay to have it removed. The only advice I can give them is make sure you are well insured or live where there are no trees.
An individual must enforce his own meaning in life and rise above the perceived conformity of the masses. (Anton LaVey)

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