If your neighbor's tree falls in your yard, who pays for cleanup?

Published: Tuesday, September 12, 2017 @ 11:16 AM

Who Pays for Cleanup if Your Neighbor’s Tree Falls in Your Yard?

If a tree falls in your yard, what you do next could save you money, a limb and maybe even your life.

>> Read more trending news 

According to Trees Atlanta, the metro area has the nation's highest "urban tree canopy," defined as the layer of leaves, branches and stems of trees that cover the ground when viewed from above.

During the stormy summer months, fallen trees are fixtures in metro Atlanta's landscape. The steps you take after a tree falls can mean the difference between headache and heartache.

The first thing to do is call your homeowners insurance agent, said Bob Delbridge, owner of 404-Cut-Tree, one of the largest tree service companies in the Atlanta area.

"Occasionally we will deal directly with the insurance company. But that's more likely if there is a storm that covers a large area, like a whole neighborhood." Delbridge said. "Typically, the homeowner deals with their own insurance company."

Where the tree falls determines who pays for what. "Almost everyone is surprised when we tell them, the way the law works is, wherever the tree landed, that person is responsible for dealing with it regardless of where the tree came from."

That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem.

Once the insurance agent gives the green light, the homeowner is responsible for hiring contractors. Homeowners can save money cutting up the tree themselves and then hiring someone to simply remove logs and branches. However, unless skilled with a chainsaw, owners should leave tree removal to professionals, Delbridge said.

"Typically, if the homeowners are out there with chainsaws, we'll talk to them about some basic safety information. This might save somebody's leg," he said. "There are just very easy steps to take that could really minimize injuries."

He recommends people wear protective chapssafety glasses and other gear.

"It's a federal law that commercial tree cutters wear chaps whenever they handle chainsaws on the ground. All the established companies do this," Delbridge said. "The most common injury caused by the chainsaw is an injury to the leg."

These chaps are available at retailers like Lowe's and online. "They are made of material that will stop the chainsaw blade even when it's turning at full speed without even bruising your skin." he said. "Protective glasses will help you avoid eye injuries from flying splinters."

Cutting up a fallen tree is not a DIY project for amateurs. "They might avoid paying the tree cutter some money, but they'll probably end up paying the emergency room," Delbridge said. "It's very dangerous to cut trees, and storm situations are the most dangerous. It really depends on the skill of the owner."

Even those skilled with power tools need to take precautions before tackling a fallen tree. "Whenever trees are down, the first thing to do is look for power lines." Delbridge said. "Believe it or not, trees conduct electricity, and every year there are so many people that are electrocuted by touching a branch that is also touching a live power line."

Delbridge cautioned homeowners to be wary of branches that may be bent beneath a fallen tree. "They can really have a powerful spring effect. Another common injury happens when someone cuts a branch and the tree jumps because they've reduced the weight, and the tree falls on someone. They could lose a leg or their life."

Lataunya Tilstra, an insurance agent with New York Life, said depending on the extent of damage, a homeowner might need several contractors to finish the job. One of her neighbors recently had a tree fall on her house.

"She had to call the tree service first. Then she needed a roofer, and she'll need a builder to rebuild the part of her house that was damaged. So she has several moving parts."

Speaking of insurance claims, most policies cover only damage if the tree falls on a part of the home. "Sometimes the fallen tree can cover your whole yard, and they're not going to help you with a dime of it unless it's actually on a patio, the fence, house or garage," said Corey Cargle, owner of Steve's Tree and Landscape Service in Atlanta.

"I had one homeowner's insurance company turn one of my customers down for a tree that was hit by lightning. It was uprooting, splitting, leaning all over her house and was ready to fall. But they would not approve of any preventive work to remove the tree before it damaged the home," Cargle said. "They basically told (the homeowner) to take care of it or it would be negligent because she knew the tree was about to fall. In hindsight, the homeowner should have waited and let the tree fall on the house I guess, and saved themselves thousands. Insurance companies can be rough."

Cargle recommends you take plenty of pictures. "If it leaves your property and hits someone's home, car or anything else, it's off you. It becomes their tree. A lot of people call us and say, ‘Hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we'll give it to them,’ but it doesn't work like that."

Trending - Most Read Stories

Subtropical Storm Alberto expected to strengthen, tropical storm warning issued for Gulf Coast area

Published: Saturday, May 26, 2018 @ 5:50 PM

What is a Storm Surge

Subtropical Storm Alberto continues to strengthen as a tropical storm watch has been issued for parts of Florida, Alabama and Mississippi drenching Memorial Day weekend plans for much of the Gulf Coast. 

>> Read more trending news

A tropical storm warning has been issued for parts of the Florida Gulf Coast including from Bonita Beach to the Anclote River as well as north near the Aucilla River to the Mississippi/Alabama border, according to the National Oceanic and Atmospheric Administration

A tropical storm warning means tropical storm conditions are expected somewhere within the warning area.

Heavy rainfall is expected as the storm, with sustained winds of 40 mph, continues to move at 13 mph through the Dry Tortugas. 

Five day forecast map. (Photo: National Oceanic and Atmospheric Administration)

A storm surge watch has also been issued for parts of Florida and the Mississippi/Alabama border, officials said

The latest forecast ends the tropical storm and storm surge watch for parts of Louisiana. 

Trending - Most Read Stories

SPAM Recall: Hormel reports pieces of metal found inside some cans

Published: Saturday, May 26, 2018 @ 6:00 PM

Hormel Foods Corp. is recalling some of its 12-ounce SPAM Classic cans after reports consumers found metal pieces inside.

The products subject to recall have best by February 2021 dates and production codes: F020881, F020882, F020883, F020884, F020885, F020886, F020887, F020888 and F020889, according to a release on Saturday evening from the U.S. Department of Agriculture.

RELATED: Recall Roundup: Strollers, bikes and phone chargers

The problem was discovered after Hormel received four consumer complaints about metal objects found in cans. There have been reports of minor oral injuries. Anyone concerned about an injury or illness should contact a healthcare provider, the USDA said.

Consumers with questions about the recall can contact Hormel Foods at 800-523-4635.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

Trending - Most Read Stories

North Korea’s Kim Jong Un, South Korean president meet Saturday in surprise visit to Demilitarized Zone

Published: Saturday, May 26, 2018 @ 11:33 AM

North and South Korean Leaders Meet in Surprise Visit

The leaders of North Korea and South Korea met for a second time in a surprise visit Saturday.

South Korean president Moon Jae-in and North Korean leader Kim Jong Un reportedly discussed efforts to continue work on the peace declaration declared in April between the two countries.

They also affirmed a commitment to working on diplomacy talks between North Korea and the United States, after President Donald Trump announced he was canceling a summit between the two countries in Singapore. 

Update May 26, 8:13 a.m. EST: President Trump has tweeted in response to a New York Times report that there is dispute within the White House on how to address diplomacy talks with North Korea.

 

The White House announced on Saturday it will send an advance team to Singapore “in order to prepare should the summit take place,” White House press secretary Sarah Huckabee Sanders said in a statement to NBC

Original story: South Korean president Moon Jae-in held the second summit with North Korean leader Kim Jong Un at the demilitarized zone between the two countries, according to the Blue House, South Korea’s official media source.

>> Read more trending news 

The two leaders discussed how to carry out the peace declaration agreed upon on April 27, which hopes to bring a new era of peace and denuclearization on the Korean peninsula. 

South Korean officials said that the two leaders also discussed the cancelled summit between the United States and North Korea. 

The two leaders concluded that direct communication between President Donald Trump and North Korean leader Kim Jong Un is needed, and pledged to continue making efforts to work on relations, according to the Blue House

The meeting at the border truce village comes after Trump said the highly anticipated summit between the U.S. and North Korea may be back on.

Trump tweeted that if the summit does happen, it will likely take place June 12 in Singapore as originally planned. 

 
This is a developing story, check back for updates.

Trending - Most Read Stories

Alan Bean, NASA Apollo moonwalker, dies at 86

Published: Saturday, May 26, 2018 @ 2:14 PM

Astronaut Alan Bean Dead at 86

NASA astronaut Alan Bean, the fourth person to walk on the moon, has died at the age of 86.

Bean’s family has released the following statement on NASA’s website:

Family Release Regarding the Passing of Apollo, Skylab Astronaut Alan Bean

The following is an obituary article released on the behalf of Alan Bean’s family:

Alan Bean, Apollo Moonwalker and Artist, Dies at 86

HOUSTON, Texas — Apollo and Skylab astronaut Alan Bean, the fourth human to walk on the moon and an accomplished artist, has died.

Bean, 86, died on Saturday, May 26, at Houston Methodist Hospital in Houston, Texas. His death followed his suddenly falling ill while on travel in Fort Wayne, Indiana two weeks before.

“Alan was the strongest and kindest man I ever knew. He was the love of my life and I miss him dearly,” said Leslie Bean, Alan Bean’s wife of 40 years. “A native Texan, Alan died peacefully in Houston surrounded by those who loved him.”

A test pilot in the U.S. Navy, Bean was one of 14 trainees selected by NASA for its third group of astronauts in October 1963. He flew twice into space, first as the lunar module pilot on Apollo 12, the second moon landing mission, in November 1969, and then as commander of the second crewed flight to the United States’ first space station, Skylab, in July 1973.

“Alan and I have been best friends for 55 years — ever since the day we became astronauts,” said Walt Cunningham, who flew on Apollo 7. “When I became head of the Skylab Branch of the Astronaut Office, we worked together and Alan eventually commanded the second Skylab mission.”

“We have never lived more than a couple of miles apart, even after we left NASA. And for years, Alan and I never missed a month where we did not have a cheeseburger together at Miller’s Cafe in Houston. We are accustomed to losing friends in our business but this is a tough one,” said Cunningham.

On Nov. 19, 1969, Bean, together with Apollo 12 commander Charles “Pete” Conrad, landed on the Ocean of Storms and became the fourth human to walk on the moon. During two moonwalks Bean helped deploy several surface experiments and installed the first nuclear-powered generator station on the moon to provide the power source. He and Conrad inspected a robotic Surveyor spacecraft and collected 75 pounds (34 kilograms) of rocks and lunar soil for study back on Earth.

“Alan and Pete were extremely engaged in the planning for their exploration of the Surveyor III landing site in the Ocean of Storms and, particularly, in the enhanced field training activity that came with the success of Apollo 11. This commitment paid off with Alan's and Pete's collection of a fantastic suite of lunar samples, a scientific gift that keeps on giving today and in the future,” said Harrison Schmitt, Apollo 17 lunar module pilot and the only geologist to walk on the moon. “Their description of bright green concentrations of olivine (peridot) as ‘ginger ale bottle glass,’ however, gave geologists in Mission Control all a big laugh, as we knew exactly what they had discovered.”

“When Alan's third career as the artist of Apollo moved forward, he would call me to ask about some detail about lunar soil, color or equipment he wanted to have represented exactly in a painting. Other times, he wanted to discuss items in the description he was writing to go with a painting. His enthusiasm about space and art never waned. Alan Bean is one of the great renaissance men of his generation — engineer, fighter pilot, astronaut and artist,” said Schmitt.

Four years after Apollo 12, Bean commanded the second crew to live and work on board the Skylab orbital workshop. During the then-record-setting 59-day, 24.4 million-mile flight, Bean and his two crewmates generated 18 miles of computer tape during surveys of Earth’s resources and 76,000 photographs of the Sun to help scientists better understand its effects on the solar system.

In total, Bean logged 69 days, 15 hours and 45 minutes in space, including 31 hours and 31 minutes on the moon’s surface.

Bean retired from the Navy in 1975 and NASA in 1981. In the four decades since, he devoted his time to creating an artistic record of humanity’s first exploration of another world. His Apollo-themed paintings featured canvases textured with lunar boot prints and were made using acrylics embedded with small pieces of his moon dust-stained mission patches.

“Alan Bean was the most extraordinary person I ever met,” said astronaut Mike Massimino, who flew on two space shuttle missions to service the Hubble Space Telescope. “He was a one of a kind combination of technical achievement as an astronaut and artistic achievement as a painter.”

“But what was truly extraordinary was his deep caring for others and his willingness to inspire and teach by sharing his personal journey so openly. Anyone who had the opportunity to know Alan was a better person for it, and we were better astronauts by following his example. I am so grateful he was my mentor and friend, and I will miss him terribly. He was a great man and this is a great loss,” Massimino said.

Born March 15, 1932, in Wheeler, Texas, Bean received a Bachelor of Science degree in aeronautical engineering from the University of Texas in 1955. He attended the Navy Test Pilot School and accumulated more than 5,500 hours of flying time in 27 different types of aircraft.

He is survived by his wife Leslie, a sister Paula Stott, and two children from a prior marriage, a daughter Amy Sue and son Clay.

Related

Trending - Most Read Stories