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Big tree on rental property-who is resposable?

Posted: Thu Aug 02, 2012 7:03 am
by Lorne
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.

Re: Big tree on rental property-who is resposable?

Posted: Thu Aug 02, 2012 8:28 pm
by Greg
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

Re: Big tree on rental property-who is resposable?

Posted: Thu Aug 02, 2012 9:53 pm
by 1987Commodore
Our lease specifies that all trees and bushes are the landlord's property, and if we plant any, they become his property.

Re: Big tree on rental property-who is resposable?

Posted: Fri Aug 03, 2012 4:49 pm
by Lorne
Thanks a lot. I had thought of contacting a GOOD tree company to check it out.

Re: Big tree on rental property-who is responsible?

Posted: Thu Sep 06, 2012 10:45 pm
by Greg S
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.