The giant tree is still across the sidewalk on main street?
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PostPosted: Thu, Sep 22 2011, 11:27 am EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Tree Falls Over Property Line: Who Pays? Who Picks Up the Pieces?
By: Ann Cochran

Published: March 23, 2011

If a neighbor’s tree falls over your property line, file an insurance claim for repairs and cleanup. No house damage? Check if chopping and hauling debris is covered. Progress K
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If a neighbor's tree damages your property, your insurance company should pay to repair the damage, then decide whether to seek reimbursement from your neighbor. Image: NOAA

When a neighbor’s tree falls over your property line, yell TIMBER, then call your insurance company. Home owners policies cover tree damage caused by perils like wind and winter storms. Most policies cover hauling away tree debris if the mess is associated with house damage; some will cover cleanup even if no structures were harmed.

When a tree falls
Your neighbor is responsible when a tree falls over your shared property line only if you can prove he was aware that his tree was a hazard and refused to remedy the problem. Regardless, your insurance company restores your property first, and later decides whether or not to pursue reimbursement from the neighbor or his insurer if the neighbor was negligent in maintaining the tree.

Before a tree falls
Write a letter to your neighbor before his dead, diseased or listing tree falls through your roof or over your property line.

The letter should include:

Description of the problem
Photographs
Request for action
Attorney letterhead—not necessary but indicates you mean business.
Trim their trees
If the limbs of a tree hang over your property line, you may trim the branches up to the property line, but not cut down the entire tree. If a tree dies after your little pruning, the neighbor can pursue a claim against you in civil or small claims court. Depending on the laws of your state, your neighbor may have to prove the damage was deliberate or caused by negligence, but may also be able to recover up to three times the value of the tree.

Before you cut, tell your neighbors what you intend to do to protect your property. They may offer to trim the whole tree instead of risking your half-oaked job.

Your tree falls
It’s always a good idea to take care of your big and beautiful trees, and keep receipts for trimmings and other care.

But if your tree falls over a neighbor’s property line, do nothing until their insurance company contacts you. You may not be liable unless you knew or should have known the tree was in a dangerous condition. If you pruned a tree or shored up trunks to prevent problems, gather your receipts to prove your diligence.

Ann Cochran has written about home improvement and design trends for Washingtonian, Home Improvement and Bethesda Magazine.



Read more: http://www.houselogic.com/articles/tree-fall-property-line/#ixzz1YhBLtlFc
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Guest






PostPosted: Thu, Sep 22 2011, 11:53 am EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Guest wrote:
Guest wrote:
Guest wrote:
When will the town be paying to plant a new tree in place of the old tree they paid to have removed?


I hope so. Beautiful, historic, charming Main St would look a lot different if the Township were not actively encouraging shade trees on park strips.


If you plant it then you have to remove and maintain it. So then people can't complain that Dave, Win and Jay did that in this instance.


Government can do what ever it wants.
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PostPosted: Thu, Sep 22 2011, 12:02 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Government can do what ever it wants.[/quote]


I have no idea what this comment means and I suspect neither does the author.
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PostPosted: Thu, Sep 22 2011, 5:18 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Guest wrote:
Government can do what ever it wants.



I have no idea what this comment means and I suspect neither does the author.[/quote]

It can take care of trees on main street which are on someone personal property even when the town is not responsible. Perhaps this was a political favor of some kind? The taking care of the tree.
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Guest






PostPosted: Thu, Sep 22 2011, 5:21 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Guest wrote:
Guest wrote:
Government can do what ever it wants.



I have no idea what this comment means and I suspect neither does the author.


It can take care of trees on main street which are on someone personal property even when the town is not responsible. Perhaps this was a political favor of some kind? The taking care of the tree.[/quote]

Read the 9 pages of comments. This has all been repeated 4 or 5 times at this point.

Time to shut this thread.
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John t
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PostPosted: Fri, Sep 23 2011, 1:58 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

I live in the estates and just did the measuement that the public works boss described and realize that the trees in my front yard are not in the right of way, that means that I'm responsible for the tree? How is that possible if I live on a township rd? That would mean trees in Evans ,wynnewood,and the estates don't benefit from the tree service either . So why would we maintain trees on county roads if residents on township roads don't benefit either.
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PostPosted: Fri, Sep 23 2011, 2:25 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

John t wrote:
I live in the estates and just did the measuement that the public works boss described and realize that the trees in my front yard are not in the right of way, that means that I'm responsible for the tree? How is that possible if I live on a township rd? That would mean trees in Evans ,wynnewood,and the estates don't benefit from the tree service either . So why would we maintain trees on county roads if residents on township roads don't benefit either.


That has been stated numbers of times in this thread. Only certain trees are eligible on town roads. That is what the shadow oaks person tried to say. So get ready for the backlash on your comments Smile.

The point is the only fair solution is not to take care of any trees.
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PostPosted: Fri, Sep 23 2011, 4:30 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Guest wrote:
John t wrote:
I live in the estates and just did the measuement that the public works boss described and realize that the trees in my front yard are not in the right of way, that means that I'm responsible for the tree? How is that possible if I live on a township rd? That would mean trees in Evans ,wynnewood,and the estates don't benefit from the tree service either . So why would we maintain trees on county roads if residents on township roads don't benefit either.


That has been stated numbers of times in this thread. Only certain trees are eligible on town roads. That is what the shadow oaks person tried to say. So get ready for the backlash on your comments Smile.

The point is the only fair solution is not to take care of any trees.


I agree. Now is the town government listening?
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Guest






PostPosted: Fri, Sep 23 2011, 5:04 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Guest wrote:
Guest wrote:
John t wrote:
I live in the estates and just did the measuement that the public works boss described and realize that the trees in my front yard are not in the right of way, that means that I'm responsible for the tree? How is that possible if I live on a township rd? That would mean trees in Evans ,wynnewood,and the estates don't benefit from the tree service either . So why would we maintain trees on county roads if residents on township roads don't benefit either.


That has been stated numbers of times in this thread. Only certain trees are eligible on town roads. That is what the shadow oaks person tried to say. So get ready for the backlash on your comments Smile.

The point is the only fair solution is not to take care of any trees.


I agree. Now is the town government listening?


No it is not listening and it shouldn't. We now have the agreement of three anonymous dudes on a message board who may or may not live in Cranbury. If you want to be heard go to a Township Committee meeting and express yourself. If you want to bitch, bellyache, and moan continue to post here.
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PostPosted: Fri, Sep 23 2011, 7:36 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

John t wrote:
I live in the estates and just did the measuement that the public works boss described and realize that the trees in my front yard are not in the right of way, that means that I'm responsible for the tree? How is that possible if I live on a township rd? That would mean trees in Evans ,wynnewood,and the estates don't benefit from the tree service either . So why would we maintain trees on county roads if residents on township roads don't benefit either.


If you live on an estate you have no right to complain.
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PostPosted: Sat, Sep 24 2011, 9:02 am EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

John t wrote:
I live in the estates and just did the measuement that the public works boss described and realize that the trees in my front yard are not in the right of way, that means that I'm responsible for the tree? How is that possible if I live on a township rd? That would mean trees in Evans ,wynnewood,and the estates don't benefit from the tree service either . So why would we maintain trees on county roads if residents on township roads don't benefit either.


If you live in the estates and you decide to cut down the trees in your front yard, it doesn't affect the character of the town. The same is not true in the historic district.

Besides, didn't the estates just get new sidewalks and the street repaved? Who do you think paid for that? Not everyone received the same benefit but I didn't hear the estates residents complaining that that was unfair.
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PostPosted: Sat, Sep 24 2011, 9:33 am EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Let me try to sum up so we can move on.

There are a few people in town (and it looks like about three of them posting on this thread) that do not want to spend any Township money on anything that does not directly impact them. That is an absolutely legitimate opinion. They are not interested in explanations of why the current situation exists, they have a firm belief in not spending money.

There is another faction on this board who just got creamed by a natural disaster. They have had a terrible month or so and feel the township could have done more to prevent the scale of the disaster and should do more in the future.

These two groups have been posting the same argument over 100 times.

I lean toward the second camp. I would ask that the first group consider the history of the town. It is not an accident that the town does not have a large community center, or large free standing library. Over the past decades the township (and I mean the whole township not just the TC) has decided it does not need these items to maintain the character of the town and therefore, cannot afford them. It is also not an accident that the town is a tree city USA, has more preserved land, more parks per capita than anyone else in the county. This is what now generations of Cranbury residents have desired. The other aspect of Cranbury that has been true since at least when I moved here in the late 60's is that Cranbury sticks up for its own.

You can be against land preservation, parks, trees and helping your neighbor, but realize you are in the minority.
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PostPosted: Sat, Sep 24 2011, 10:24 am EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Let's also keep in mind where essentially talking Main St. Most Main St. residents lived there prior 2006 when the town decided to tell them how their houses had to be maintained. They woke up one day after a TC meeting to find that essentially they now lived in a very restrictive home owners association.

Before 2006, the town would provide an advisory service saying this is what you should or could do to keep things historic. However, the owners were not forced to do anything.

This created a burden by not only seeking approvals, but forcing people people to spend thousands of dollars more to maintain their home or do any repairs/additions. Need new windows in other areas of town you can get any type you choose, in town you are forced to buy certain ones that are more expensive as they have to be wood. Want to put up a fence, they will dictate what it looks like. Want to replace a roof, better hope it's not slate or that $5k roofing job just became $50k.

From where I stand I like the historic district and the look of the homes. However, I don't have to deal with the cost or hassel I simply get to walk or drive through town. So if it means maintaining a few trees while someone spends a lot more to keep the home looking historic I am fine in sharing in this cost because I benefit from having this area look the way it does. Just like I benefit from a park.
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Guest






PostPosted: Sat, Sep 24 2011, 12:16 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Grant from the state paid for the work not local money and Cranbury is more than the historic district when we talk about the character of the town.
.

Guest wrote:
John t wrote:
I live in the estates and just did the measuement that the public works boss described and realize that the trees in my front yard are not in the right of way, that means that I'm responsible for the tree? How is that possible if I live on a township rd? That would mean trees in Evans ,wynnewood,and the estates don't benefit from the tree service either . So why would we maintain trees on county roads if residents on township roads don't benefit either.


If you live in the estates and you decide to cut down the trees in your front yard, it doesn't affect the character of the town. The same is not true in the historic district.

Besides, didn't the estates just get new sidewalks and the street repaved? Who do you think paid for that? Not everyone received the same benefit but I didn't hear the estates residents complaining that that was unfair.
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PostPosted: Sat, Sep 24 2011, 12:21 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Nice try main street home owner.

Guest wrote:
Let's also keep in mind where essentially talking Main St. Most Main St. residents lived there prior 2006 when the town decided to tell them how their houses had to be maintained. They woke up one day after a TC meeting to find that essentially they now lived in a very restrictive home owners association.

Before 2006, the town would provide an advisory service saying this is what you should or could do to keep things historic. However, the owners were not forced to do anything.

This created a burden by not only seeking approvals, but forcing people people to spend thousands of dollars more to maintain their home or do any repairs/additions. Need new windows in other areas of town you can get any type you choose, in town you are forced to buy certain ones that are more expensive as they have to be wood. Want to put up a fence, they will dictate what it looks like. Want to replace a roof, better hope it's not slate or that $5k roofing job just became $50k.

From where I stand I like the historic district and the look of the homes. However, I don't have to deal with the cost or hassel I simply get to walk or drive through town. So if it means maintaining a few trees while someone spends a lot more to keep the home looking historic I am fine in sharing in this cost because I benefit from having this area look the way it does. Just like I benefit from a park.
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Guest






PostPosted: Sat, Sep 24 2011, 12:49 pm EDT    Post subject: Re: The giant tree is still across the sidewalk on main street? Reply with quote

Guest wrote:
Nice try main street home owner.

Guest wrote:
Let's also keep in mind where essentially talking Main St. Most Main St. residents lived there prior 2006 when the town decided to tell them how their houses had to be maintained. They woke up one day after a TC meeting to find that essentially they now lived in a very restrictive home owners association.

Before 2006, the town would provide an advisory service saying this is what you should or could do to keep things historic. However, the owners were not forced to do anything.

This created a burden by not only seeking approvals, but forcing people people to spend thousands of dollars more to maintain their home or do any repairs/additions. Need new windows in other areas of town you can get any type you choose, in town you are forced to buy certain ones that are more expensive as they have to be wood. Want to put up a fence, they will dictate what it looks like. Want to replace a roof, better hope it's not slate or that $5k roofing job just became $50k.

From where I stand I like the historic district and the look of the homes. However, I don't have to deal with the cost or hassel I simply get to walk or drive through town. So if it means maintaining a few trees while someone spends a lot more to keep the home looking historic I am fine in sharing in this cost because I benefit from having this area look the way it does. Just like I benefit from a park.


I actually live on Washington Drive and have been here for 20 years. I just hear on this board and in converstation how restrictive it is. I also jog on Main St and love the fall with the leaves turning and the NE feel of the town. So I don't want to see the trees covering Main St. go away because some home owner decides they don't want a tree or gets fed up.
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