New house, neighborly advice.

[ovrszd]

Grab a couple of beers , go knock on the guys door , introduce yourself and after you have had 10 or 12 talk about the tree .

That's how I envision Derek handling this situation!!!!

 

[Streetcar]

Common rule around here is if it's over your property line you can cut it. But trying to work with the neighbor is a good idea. If you do consider it a liability, you need to make them aware of it via a letter mailed certified. If the tree falls today and crushes the shed, his insurance will call it an act of God and tell you to pound sand. But, if it falls in a month and you can produce a letter showing you made the neighbor aware of the risk and liability, then they may pay your claim. Of course, you did also move the shed under the tree limb recently so they may say you placed it in the area you consider risky and to go pound sand. Not trying to be a jerk..... I just deal with a lot of insurance on properties.

The letter will probably make the neighbor mad. Other than leaning is there a reason to think t he tree is hazardous . The neighbor would only be looking liable if ther is a known defect in the tree.
As others said get to know neighbor before talking about removing tree

 

[CurlyDave]

No matter what, I would move the shed. The current governor of Texas was paralyzed when he was hit by a falling tree. If you are in the shed, you will get little warning. You may think that the tree will only fall over in a storm, but I have seen trees fall over on a clear, calm summer day on my own property. Big trees, about the size of that one.

If you choose to keep the shed where it is, your shed and contents should be covered by your insurance. Be sure it is sufficient, make certain you have good records of what is in the shed (pictures are very good). If the neighbor won't cooperate, let the insurance companies fight it out after something happens.

 

[GPintheMitten]

Grab a couple of beers , go knock on the guys door , introduce yourself and after you have had 10 or 12 talk about the tree .

Yah, take two with, and drink 10-12. That would be a good neighbor.

 

[MF283]

Yah, take two with, and drink 10-12. That would be a good neighbor.

:drink:

 

[Gary Fowler]

No matter what, I would move the shed. The current governor of Texas was paralyzed when he was hit by a falling tree. If you are in the shed, you will get little warning. You may think that the tree will only fall over in a storm, but I have seen trees fall over on a clear, calm summer day on my own property. Big trees, about the size of that one.

If you choose to keep the shed where it is, your shed and contents should be covered by your insurance. Be sure it is sufficient, make certain you have good records of what is in the shed (pictures are very good). If the neighbor won't cooperate, let the insurance companies fight it out after something happens.

We have this huge Oak tree on the very east end of our property. It has (had) a huge limb similar to the OP's running off the main trunk in a horizontal direction. One evening while sitting on our veranda, I heard this huge crash. I went down in the pasture and that huge limb had just sheared away from the trunk. NO WIND, nothing, it just finally reached its strength limit and broke off. My Daughter loved to sit under that tree and read. Sure glad no one and no cow were under it when it fell. This limb was over 2 feet in diameter. I am sure that at some point that incident will cause the death of the tree due to internal rot but so far it is holding up even with a huge scar to the trunk.

 

[Pirate]

Don't try to move that shed. Many sheds once they have set a while will just fall apart if you try to move them. Hire a company and cut the offending limbs from your side of the property line. You don't even need to bother the neighbor.

 

[Kenneth in Texas]

I wouldnt move the shed, i would go see the neighbor and tell him if the branch breaks it will destroy my building and contents and can he cut the tree or limb down, if he didnt on a timely basis i would cut down whatever is hanging over my building and be done with it. But no way i would move my building. If hes a decent neighbor he would cut whatever needed cutting, if he dont then hes not a good neighbor.

 

[kthompson]

Here you are not legal to remove branches over your property if tree is on other person's property. If a dead tree or one that is obviously not solid falls the owner of the tree is liable. Other wise act of God and they are not. Dear tree is a maintenance issue that should be taken care of is reasoning there. If you know a tree is not solid or dead I would share that and my concern with the owner.

 

[DT86]

Ok guys here is where I'm at, we've been tinkering at the new house usually for a couple of hours a day at random times for a week now and have yet to see any signs of people at the house with the problem tree. The yard had been kept up so I'm sure once spring mowing time rolls around I'll be able to at least find out who owns the house.

After looking at the limb I am certain that I will not be the one to cut it. The only way to take it down with the shed in place is to start at the top and work your way down.

Some one asked why I had put the shed there, or something along those lines. It came with the property when we bought it and was there 5 years ago when the last guy bought it. The limb predates the shed by years and years so I do question why it was put there. (It is the most logical spot for it but, hello, huge tree limb overhead, should have known better.) I believe who ever chimed in to say the shed wouldn't hold up well to being moved is probably right.

So as of right now...

The shed sits empty and useless to me, the limb removal is beyond my comfort level and the tree owner is still unknown.

I understand it's winter but there is very little action in the neighborhood. Only seen a hand full of folks out and about, mostly young families like ourselves it seems.

Moving to the city limits isn't all that bad, the farm and her work are 15 away (15 min closer for her), and we will spend the majority of our free time else where.

Thanks guys and I'll keep you posted.

PS,

Richard is right, actually the first thing we did after closing was stock the fridge with an assortment of adult beverages and cup cakes for our guests. So far it's been friends and family but the offer extends to neighbors as well.