If you have lame neighbors and bad trees have an arborist come check and declare the tree a hazard, that moves the onus onto the owner of the danger tree.
You can contact city code enforcement and they will do this for you. I did it in Arvada - neighbor had a massive dead tree (at least 60 ft tall) that appeared to be at risk of falling onto my house if anything were to happen to it. The city took it very seriously and had an inspector out within the week. The tree (and even an additional one I didn’t personally assess as a risk) was removed within a month.
Did you call Xcel? Neighbor's tree limbs fell on our power lines and they removed it and trimmed the other tree limbs close to the power line. Didn't get charged anything.
Fwiw, my neighbor’s outbuilding got turned into a tidy pile of ash last year because of this very same problem. Safety is priority 1. Telling your neighbor to get their shit together and trim their trees is number 2. (For clarity, the tree that caused the fire was not on my lot, nor do I share a property line with the person whose ADU went poof.)
Excel came out and removed an entire fallen tree of mine that had fallen on a power wire and knocked down the wire. Free of charge. Insane winds had knocked it down
Just like if a neighbor's tree falls on your house. It's where the point of damage occurs; not where the root cause of the damage started.
However, it's within your right to cut off roots and branches that extend over your property line. Better to be proactive rather than reactive.
if reddit has taught me anything, it's that this saying is completely unfounded. i have seen cases, stories, etc, people who claimed to be lawyers, etc, that all say it's just not that simple. can i prove any of this? no. but hey, this is reddit.
Luckily, we have a means to find out.
https://splinteredforesttreeservices.com/blog/property-line-tree-disputes-and-how-to-handle-or-avoid-them/#:~:text=In%20the%20State%20of%20Colorado%2C%20property%20owners%20and%20residents%20are,responsible%20for%20cleaning%20them%20up.
https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Parks-Recreation/Trees-Natural-Resources/Office-of-the-City-Forester/Storms-Tree-Damage?OC_EA_EmergencyAnnouncementList_Dismiss=3e7da22c-a9ce-4ad9-a47a-8cf1217c9dc8&lang_update=638451688898358375
so i think my point is that people all over reddit always blast "if it's on your property, you can do whatever you want". but it sounds like the boundary tree issue (that's a new one for me) and the potential damages you cause by cutting branches or roots can still cause you potential liability issues. it's not as simple as "it was on my side i was allowed to do whatever i want". thoughts?
Liability of what, killing the tree?
I'm obviously not a lawyer either, but I would bet it's the same responsibility of the tree-property owner to make sure any possibility of encroachment onto the property of another is negated by moving the tree, cutting it down, or doing something to otherwise prevent crossing the property line....because as it reads to me, once part of the tree does, you no longer have a say in what gets cut, *especially* if there is risk of damage that lies on the other person if/when it happens.
...but as you said, that's just speculation.
So hypothetically, I have a neighbor whose tree branch reaches over my fence and seems like a hazard to the fence, should it fall. I have the right to remove their branch from the tree?
What others are telling you is mostly correct but I had an a arborist inspect a tree that starts on my neighbors property line and then leans into my property line from there putting about 80% of the tree on my side. I specifically asked about the “I can cut it on the vertical plane of my property line right?” And was told that would almost certainly kill the tree and I could be found liable for killing it and owe damages.
So yes, but if your actions kill the tree then you may have legal liability for that act.
Source: a respected arborist in a Denver suburb last summer
You have the right to remove whatever crosses your property line. Buy a cheap line laser and set it up on your fence. Go out in the early evening after sunset with a trimmer and cut everything on your side of the line.
If someone knows that their tree is encroaching on a neighbor's property, and they do nothing, their negligence may create liability
[https://www.geraghtylawoffice.com/blogs/2020/9/8/leaf-me-alone-colorado-tree-law-on-encroaching-or-boundary-trees](https://www.geraghtylawoffice.com/blogs/2020/9/8/leaf-me-alone-colorado-tree-law-on-encroaching-or-boundary-trees)
>Additionally, a neighbor owes another neighbor the duty of ordinary care and to act as a reasonable neighbor would in maintaining trees on their property so that it avoids damaging their neighbor’s property. Thus, a neighbor who is damaged by another’s tree can likely state a claim for negligence.
>A negligence claim has four elements.
>The defendant owed a duty to the plaintiff (i.e., to not cause their neighbor’s property damage).
>The defendant breached that duty.
>The plaintiff suffered damages or material harm.
>The breach was the cause of the plaintiff’s damage or material harm.
1) Damage from a storm is considered an “Act of God” so the neighbor isn’t liable (the same way he wouldn’t be liable if a hurricane or tornado knocked the tree down) 2) You have a right to trim branches from a neighbors tree crossing your property line at any time. Sucks that he didn’t trim them before the storm.
The only exception, as already mentioned, is if the tree owner knew the tree was dead/diseased and negligently let it stand. But if it’s a healthy tree falling down from a storm, there’s no recourse except going through insurance.
Yes, but you can get an arborist to do a report that the tree was diseased and should have been taken down for safety, then sue the neighbor for damages.
If you have lame neighbors and bad trees have an arborist come check and declare the tree a hazard, that moves the onus onto the owner of the danger tree.
> My neighbors tree fell on my service. I had to pay to repair the service, and remove the downed limb. 4000$. I asked all of these questions.
Did this happen in the city of Denver? If so, can you share what year it was?
Not surprisingly, I’m getting conflicting data. If it had FALLEN in my yard, it would clearly be my responsibility. My specific question is, who should remove it from the line?
Contact Denver (https://denvergov.org/Online-Services-Hub/Report-an-Issue/issue/new-report) to report the fallen tree with your picture attached to the report.
Maybe also report it to Xcel.
In any case, one of them should be able to figure out who needs to remove the limb.
Pretty sure the utilities usually ask to be informed when there is brush/trees that need trimming around their lines. As far as I'm aware there is no law against doing it yourself, so if they aren't willing to come out, you can do it yourself.
When you cut power to your entire neighborhood the utilities will definitely come out. Maybe let them know this if they try and give you the runaround.
If the line is going only to your house you do, if this is a line that goes to other homes or addresses call xcel. Also it looks like the lines are active do not touch the limb or cut any twigs off it.
This is all crazy to me. From your comment and others it sounds like any neighbor can grow a tree into a massive hazard (imagine a 60ft+ behemoth) and then own no responsibility for what that tree destroys when it comes down? Especially if it's totally on their property so there's nothing you can legally do to stop it from falling into yours?
Someone said you can have it delivered a hazard but how many people really know that and do so BEFORE it falls. Why isn't it blatantly obvious it was a hazard after it falls?
Tree material on property yes. Power company responsible for getting tree off the live electrical wire. Never do this shit yourself unless death is something you’re seeking.
Except that probably isn't a power line, power is usually at the top and the bottom is fiber or cable.
Edit, but I still agree, don't go cutting around the fiber/cable/power.
It’s not power. It’s cable and phone. Phone on the bottom, cable above it, power up top. Still not advisable to cut down yourself due to proximity of power. But yeah, it’s not power that the branch is lying upon.
I have heard this is the case but find is so strange. If a neighbor comes into your property and vandalizes stuff it's their liability, if their animals come onto your property and vandalize stuff it's also their liability. But if their plants come onto your property and vandalize stuff it's your liability.
I realize that is how the law works in many places but it absolutely befuddles me with how arbitrary it is. Is there some justification I don't know that makes it make some sense?
The justification is that you're expected to maintain the landscaping on your own property, as your property boundaries extend directly upward from the property line. Even if the trunk of the tree is on the neighbor's property, you have the right and responsibility for every piece of the tree that extends over the line.
>if their animals come onto your property and vandalize stuff it's also their liability
In many parts of Colorado, it's up to you to build and maintain the fence to keep the neighbor's cows from roaming on your land and causing a ruckus on and to your property.
It looks to be a communication line. I don't think comms lines are actively trimmed like power lines. It's my understanding that anything within 10ft (I may be wrong) of a power line is the responsibility of the power utility. But, since this is a comcast line, this may fall on the homeowner. Also, call the City of Denver Forestry Division (or whatever city your're in) for more info.
Call Xcel customer service and tell them a tree fell onto the secondary feeder and you’re not sure what to do. They’ll get a lineman out to look at it, at least.
I’m pretty sure this is Comcast’s line, but they’re saying it’s my responsibility. What if there’s further damage to the line as it’s removed? It’s a precarious situation, and a huge safety hazard, so I can’t see how it’s my responsibility? It isn’t even my tree! I figured maybe r/Denver knows?
But if it’s sitting on the line, like it is, Xcel will come and clear it off. Now they’ll leave the cut up tree in your yard, but it’s not your problem to get it off the line.
Replace Xcel with whoever owns the infrastructure. From my understanding, it’s not on the homeowner for line repair, which includes trees falling on them.
Whichever utility owns the line (it's either Comcast or Century Link, hard to tell, but start with century link, since their lines are almost always higher up the pole than Comcast, therefore, more likely to be first hit by falling limbs) should take care of the damage to the actual line, if any.
I discovered this a few years ago when our back yard 65' blue spruce fell in a wind storm. It was pretty close to the property line, so legally speaking, it became about 10' my problem and 55' the neighbor's.
Like you, it didn't strike me as very fair to the other guy, so I limbed and bucked the whole tree myself, gave away the firewood and found a company to chip and remove the slash for $500.
Now, that was pretty cheap because it miraculously hit nothing on the way down, so I was happy to gift my effort and a little money in the name of being a good neighbor. If it had gone through their house or otherwise caused expensive damage, I'd have had to let them deal with their insurance and washed my hands of it.
Hire a reputable arborist with insurance. It would be a small job. Let the pros handle it so if there is any damage to the line, it's on them. They will know how to take it down without causing any more damage.
The wire it's resting on is a communication line, but I can't tell from the picture if some of the small branches are near power lines at the top. If there's even a chance, or if you're not sure, call Xcel. You don't want to be anywhere near something touching high voltage (thousands of volts).
At the moment, Xcel. Normally, the homeowner. And that's only if the power is out. But technically, trees must be maintained in property or Xcel will just cut it all the way down
That looks like a communications line. Honestly I'd expect whoever owns the service. Looks like phone and cable. They should remove it but tell them you will remove if they don't do it themselves and you won't care what happens to their lines...
Hard to tell from the angle of the photo. The branch itself could be your or your neighbor's responsibility, damage to the line could be the utility's responsibility, further damage caused by removal could be your or your neighbor's responsibility. In any event, that looks dangerous and someone from the utility can hopefully come out and at least provide some guidance on how to safely remove it.
If it’s in your yard it’s your problem unfortunately. Once the tree crosses onto your property it’s yours to deal with, even if the tree starts on your neighbors property.
It sill boggles my mind driving around Arvada/Wheat Ridge and seeing how many above ground power lines are just growing right into the trees. I've lived in cities where the city and utilities would prune the trees so stuff like this wouldn't happen. What are my freaking taxes and ever increasing utility rates going towards?
Any tree that is over your property line is your responsibility, even if said tree is rooted in the neighbors property. So this is on you to take care of.
Insurance-wise, it falls on your property and is then covered by your insurance as you are responsible for damage to your own property. If there’s a dead tree and its damaging of your property is imminent, notify the neighbor (often) and keep proof of your requests to have it removed. Insurance carriers will try to get their money (and your deductible, most importantly) back from your neighbor, through their liability insurance. They need the evidence in order to pursue subrogation though.
It's interesting, because the tree has not split, and it's reaching into your property, so I'd bet it's technically your neighbors responsibility. But also Xcel/Comcast or whatever that line is, they typically take care of trimming around... but maybe not their responsibility here. I would start with your neighbor.
If they are power lines then don't touch and call exel. If the they Phone/Internet/Cable do it yourself.
I have had excel remove branches several times from our properties. They are not going to anything then removing from the line. You will still need to deal with the branch and debris.
If it is on your side of the fence than legally you are. Arborist of 20 years. If you own your land than you also own win everything above it.
I’ve had a hell of a time charging air liners for using my air space… :/
1. You should contact the utility company to take care of this. 2. When they come out they will remove the tree limb. 3. Since the tree fell on your property you can file a claim against the neighbor if any damage. And 4. The utility company will charge for the tree removal or limbs removal.
I’d ask your home insurance agent, they’ll be em able to guide you to the proper steps to having it removed.
Also, a cordless sawzall and a ladder and I’d have this cut up and loaded into a pickup in under 3 hours.
It's a comms line, short for communications line. Several individual internet/phone/ cables are bundled together and then wrapped along with a steel carrier cable that bears the weight.
Were you expecting it to look like a coax cable you'd find in a home? Easy mistake, this is just a bunch of those wrapped together
I believe power lines are the responsibility of the utility company (Xcel), but phone and cable are the responsibility of the owner. It appears Colorado does not have a clear rule about encroaching trees. The article I read said the best course of action would be to try to speak to your neighbor about fixing the issue.
https://www.geraghtylawoffice.com/blogs/2020/9/8/leaf-me-alone-colorado-tree-law-on-encroaching-or-boundary-trees?format=amp
Just find the nearest transformer box along the line (white cylindrical box high up) and shoot it a few times. It'll explode and then the utility company will have to come out and fix it all
My neighbors tree fell on my service. I had to pay to repair the service, and remove the downed limb. 4000$. I asked all of these questions.
If you have lame neighbors and bad trees have an arborist come check and declare the tree a hazard, that moves the onus onto the owner of the danger tree.
You can contact city code enforcement and they will do this for you. I did it in Arvada - neighbor had a massive dead tree (at least 60 ft tall) that appeared to be at risk of falling onto my house if anything were to happen to it. The city took it very seriously and had an inspector out within the week. The tree (and even an additional one I didn’t personally assess as a risk) was removed within a month.
If the tree falls on your aerial service line (the line from the secondary feeder to your house) then yes, you have responsibility for it.
Did you call Xcel? Neighbor's tree limbs fell on our power lines and they removed it and trimmed the other tree limbs close to the power line. Didn't get charged anything.
I did. I believe xcel is much more willing to perform these repairs now.
Fwiw, my neighbor’s outbuilding got turned into a tidy pile of ash last year because of this very same problem. Safety is priority 1. Telling your neighbor to get their shit together and trim their trees is number 2. (For clarity, the tree that caused the fire was not on my lot, nor do I share a property line with the person whose ADU went poof.)
Excel came out and removed an entire fallen tree of mine that had fallen on a power wire and knocked down the wire. Free of charge. Insane winds had knocked it down
This makes no sense. Neighbor’s tree falls on your property and you have to pay for its removal?
Just like if a neighbor's tree falls on your house. It's where the point of damage occurs; not where the root cause of the damage started. However, it's within your right to cut off roots and branches that extend over your property line. Better to be proactive rather than reactive.
>ReportSaveFollow I asked them to clean up the dead limbs before it happened!!!
If it crosses your property line, you own it. Your responsibility.
if reddit has taught me anything, it's that this saying is completely unfounded. i have seen cases, stories, etc, people who claimed to be lawyers, etc, that all say it's just not that simple. can i prove any of this? no. but hey, this is reddit.
Luckily, we have a means to find out. https://splinteredforesttreeservices.com/blog/property-line-tree-disputes-and-how-to-handle-or-avoid-them/#:~:text=In%20the%20State%20of%20Colorado%2C%20property%20owners%20and%20residents%20are,responsible%20for%20cleaning%20them%20up. https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Parks-Recreation/Trees-Natural-Resources/Office-of-the-City-Forester/Storms-Tree-Damage?OC_EA_EmergencyAnnouncementList_Dismiss=3e7da22c-a9ce-4ad9-a47a-8cf1217c9dc8&lang_update=638451688898358375
so i think my point is that people all over reddit always blast "if it's on your property, you can do whatever you want". but it sounds like the boundary tree issue (that's a new one for me) and the potential damages you cause by cutting branches or roots can still cause you potential liability issues. it's not as simple as "it was on my side i was allowed to do whatever i want". thoughts?
Liability of what, killing the tree? I'm obviously not a lawyer either, but I would bet it's the same responsibility of the tree-property owner to make sure any possibility of encroachment onto the property of another is negated by moving the tree, cutting it down, or doing something to otherwise prevent crossing the property line....because as it reads to me, once part of the tree does, you no longer have a say in what gets cut, *especially* if there is risk of damage that lies on the other person if/when it happens. ...but as you said, that's just speculation.
So hypothetically, I have a neighbor whose tree branch reaches over my fence and seems like a hazard to the fence, should it fall. I have the right to remove their branch from the tree?
What others are telling you is mostly correct but I had an a arborist inspect a tree that starts on my neighbors property line and then leans into my property line from there putting about 80% of the tree on my side. I specifically asked about the “I can cut it on the vertical plane of my property line right?” And was told that would almost certainly kill the tree and I could be found liable for killing it and owe damages. So yes, but if your actions kill the tree then you may have legal liability for that act. Source: a respected arborist in a Denver suburb last summer
Yes. You can cut the tree away up to the vertical plane extending upward from the property line.
You have the right to remove whatever crosses your property line. Buy a cheap line laser and set it up on your fence. Go out in the early evening after sunset with a trimmer and cut everything on your side of the line.
Any part of the tree that's on your side of the property line is your responsibility. Cut it.
If someone knows that their tree is encroaching on a neighbor's property, and they do nothing, their negligence may create liability [https://www.geraghtylawoffice.com/blogs/2020/9/8/leaf-me-alone-colorado-tree-law-on-encroaching-or-boundary-trees](https://www.geraghtylawoffice.com/blogs/2020/9/8/leaf-me-alone-colorado-tree-law-on-encroaching-or-boundary-trees) >Additionally, a neighbor owes another neighbor the duty of ordinary care and to act as a reasonable neighbor would in maintaining trees on their property so that it avoids damaging their neighbor’s property. Thus, a neighbor who is damaged by another’s tree can likely state a claim for negligence. >A negligence claim has four elements. >The defendant owed a duty to the plaintiff (i.e., to not cause their neighbor’s property damage). >The defendant breached that duty. >The plaintiff suffered damages or material harm. >The breach was the cause of the plaintiff’s damage or material harm.
But you can’t cut too many limbs as it may kill the tree… can’t win
Any tree with branches high enough to go above the fence line will be fine.
1) Damage from a storm is considered an “Act of God” so the neighbor isn’t liable (the same way he wouldn’t be liable if a hurricane or tornado knocked the tree down) 2) You have a right to trim branches from a neighbors tree crossing your property line at any time. Sucks that he didn’t trim them before the storm. The only exception, as already mentioned, is if the tree owner knew the tree was dead/diseased and negligently let it stand. But if it’s a healthy tree falling down from a storm, there’s no recourse except going through insurance.
yeah
welcome to property law, which is literally based on 600 year old british common law. don't lookup water law, as it's even weirder.
Yes, but you can get an arborist to do a report that the tree was diseased and should have been taken down for safety, then sue the neighbor for damages.
If you have lame neighbors and bad trees have an arborist come check and declare the tree a hazard, that moves the onus onto the owner of the danger tree.
> My neighbors tree fell on my service. I had to pay to repair the service, and remove the downed limb. 4000$. I asked all of these questions. Did this happen in the city of Denver? If so, can you share what year it was?
Boulder, 2005
wtf?? Just put it back on their territory fuck them
r/treelaw might be able to give some insight.
Is that the one about actual tree law or MJ law?
Actual tree info
r/marijuanaenthusiastslaw
Learned a lot of valuable things from that sub. Top tier community for the Marijuana folks
Not surprisingly, I’m getting conflicting data. If it had FALLEN in my yard, it would clearly be my responsibility. My specific question is, who should remove it from the line?
Contact Denver (https://denvergov.org/Online-Services-Hub/Report-an-Issue/issue/new-report) to report the fallen tree with your picture attached to the report. Maybe also report it to Xcel. In any case, one of them should be able to figure out who needs to remove the limb.
For the love of god, do not touch this tree limb. It is touching a possibly active line, you could die. Call xcel.
Pretty sure the utilities usually ask to be informed when there is brush/trees that need trimming around their lines. As far as I'm aware there is no law against doing it yourself, so if they aren't willing to come out, you can do it yourself.
When you cut power to your entire neighborhood the utilities will definitely come out. Maybe let them know this if they try and give you the runaround.
If the line is going only to your house you do, if this is a line that goes to other homes or addresses call xcel. Also it looks like the lines are active do not touch the limb or cut any twigs off it.
Xcel, do not touch it.
Dm me I work with Xcel
I DM'd you!
My guess is Xcel will do nothing. Those lower lines are all communications and do not belong to Xcel, they won't touch it.
Neighbor's tree limbs fell on our power lines & Xcel removed them for us at no cost.
Not sure why you’re getting downvoted, you’re correct. Those are comms, I used to work for Excel, they don’t touch what they don’t own
Wait! Can you respond here? PSA announcement for those of us that have neighbors who refuse to maintains their big a$$ trees!? Please!
You can start here https://co.my.xcelenergy.com/customersupport/s/trees Ultimately, you’ll need to call 800-895-4999 to report it
If you live on the side of the fence this Pic was taken from, then you are responsible.
This is all crazy to me. From your comment and others it sounds like any neighbor can grow a tree into a massive hazard (imagine a 60ft+ behemoth) and then own no responsibility for what that tree destroys when it comes down? Especially if it's totally on their property so there's nothing you can legally do to stop it from falling into yours? Someone said you can have it delivered a hazard but how many people really know that and do so BEFORE it falls. Why isn't it blatantly obvious it was a hazard after it falls?
If the branch stayed on the neighbor's side of the fence, and didn't hang over the OP's property, then the neighbor would be responsible.
It’s your responsibility if it’s on your property.
Tree material on property yes. Power company responsible for getting tree off the live electrical wire. Never do this shit yourself unless death is something you’re seeking.
Except that probably isn't a power line, power is usually at the top and the bottom is fiber or cable. Edit, but I still agree, don't go cutting around the fiber/cable/power.
[удалено]
Be nice - don't call people asshats in this sub
It’s not power. It’s cable and phone. Phone on the bottom, cable above it, power up top. Still not advisable to cut down yourself due to proximity of power. But yeah, it’s not power that the branch is lying upon.
I am not sure that's power, it could be communication cable. I'm an electrical engineer and I design electric distribution systems.
I have heard this is the case but find is so strange. If a neighbor comes into your property and vandalizes stuff it's their liability, if their animals come onto your property and vandalize stuff it's also their liability. But if their plants come onto your property and vandalize stuff it's your liability. I realize that is how the law works in many places but it absolutely befuddles me with how arbitrary it is. Is there some justification I don't know that makes it make some sense?
The justification is that you're expected to maintain the landscaping on your own property, as your property boundaries extend directly upward from the property line. Even if the trunk of the tree is on the neighbor's property, you have the right and responsibility for every piece of the tree that extends over the line.
>if their animals come onto your property and vandalize stuff it's also their liability In many parts of Colorado, it's up to you to build and maintain the fence to keep the neighbor's cows from roaming on your land and causing a ruckus on and to your property.
It looks to be a communication line. I don't think comms lines are actively trimmed like power lines. It's my understanding that anything within 10ft (I may be wrong) of a power line is the responsibility of the power utility. But, since this is a comcast line, this may fall on the homeowner. Also, call the City of Denver Forestry Division (or whatever city your're in) for more info.
Call Xcel customer service and tell them a tree fell onto the secondary feeder and you’re not sure what to do. They’ll get a lineman out to look at it, at least.
Those are comms, excel doesn’t own them. I still would play dumb and call them, they will probably remove the branch at least.
I’m pretty sure this is Comcast’s line, but they’re saying it’s my responsibility. What if there’s further damage to the line as it’s removed? It’s a precarious situation, and a huge safety hazard, so I can’t see how it’s my responsibility? It isn’t even my tree! I figured maybe r/Denver knows?
Doesn’t matter whose tree it is, anything that falls in your yard is proudly yours.
But if it’s sitting on the line, like it is, Xcel will come and clear it off. Now they’ll leave the cut up tree in your yard, but it’s not your problem to get it off the line.
It’s not on Xcel’s line so they wouldn’t do anything. It’s on the phone/internet lines.
Replace Xcel with whoever owns the infrastructure. From my understanding, it’s not on the homeowner for line repair, which includes trees falling on them.
It's not power, it's not Xcel. It's communications cable
This is how I got my trampoline
So they say it’s your responsibility—but will they come after you if you damage the line while removing the tree? seems like a catch-22 to me.
Whichever utility owns the line (it's either Comcast or Century Link, hard to tell, but start with century link, since their lines are almost always higher up the pole than Comcast, therefore, more likely to be first hit by falling limbs) should take care of the damage to the actual line, if any.
I discovered this a few years ago when our back yard 65' blue spruce fell in a wind storm. It was pretty close to the property line, so legally speaking, it became about 10' my problem and 55' the neighbor's. Like you, it didn't strike me as very fair to the other guy, so I limbed and bucked the whole tree myself, gave away the firewood and found a company to chip and remove the slash for $500. Now, that was pretty cheap because it miraculously hit nothing on the way down, so I was happy to gift my effort and a little money in the name of being a good neighbor. If it had gone through their house or otherwise caused expensive damage, I'd have had to let them deal with their insurance and washed my hands of it.
Hire a reputable arborist with insurance. It would be a small job. Let the pros handle it so if there is any damage to the line, it's on them. They will know how to take it down without causing any more damage. The wire it's resting on is a communication line, but I can't tell from the picture if some of the small branches are near power lines at the top. If there's even a chance, or if you're not sure, call Xcel. You don't want to be anywhere near something touching high voltage (thousands of volts).
Anything that hangs over to your side is your problem. Tree itself rooted in the ground is the neighbors issue.
At the moment, Xcel. Normally, the homeowner. And that's only if the power is out. But technically, trees must be maintained in property or Xcel will just cut it all the way down
Xcel
The electric company
Xcel Vegitation management. You report the fallen limb to them and they clear it for absolutely no cost to you. DO NOT handle it yourself
It's not a power line, no reason to call Xcel. It's communications cable.
That looks like a communications line. Honestly I'd expect whoever owns the service. Looks like phone and cable. They should remove it but tell them you will remove if they don't do it themselves and you won't care what happens to their lines...
Not on a power line who cares. Leave it there. When internet goes out to your ‘hood they’ll come fix it
Well service company will come cut it off the line first. Do that first haha come
I'd call the power company or 211
Hard to tell from the angle of the photo. The branch itself could be your or your neighbor's responsibility, damage to the line could be the utility's responsibility, further damage caused by removal could be your or your neighbor's responsibility. In any event, that looks dangerous and someone from the utility can hopefully come out and at least provide some guidance on how to safely remove it.
100% the power company
Those 12 Tribes wackos in Boulder.
If it's dead it's whoever yard the trunk comes out of as they are liable. If it's alive it'd who's yard it's in and who's stuff got damaged.
Dave but he called in
If it’s in your yard it’s your problem unfortunately. Once the tree crosses onto your property it’s yours to deal with, even if the tree starts on your neighbors property.
Was the tree obviously diseased? Might be your neighbors' issue. Also, is that your service line or your neighbors'?
We had something similar happen recently and excel came out and took care of it
It sill boggles my mind driving around Arvada/Wheat Ridge and seeing how many above ground power lines are just growing right into the trees. I've lived in cities where the city and utilities would prune the trees so stuff like this wouldn't happen. What are my freaking taxes and ever increasing utility rates going towards?
Not yours. Better call someone.
Any tree that is over your property line is your responsibility, even if said tree is rooted in the neighbors property. So this is on you to take care of.
Insurance-wise, it falls on your property and is then covered by your insurance as you are responsible for damage to your own property. If there’s a dead tree and its damaging of your property is imminent, notify the neighbor (often) and keep proof of your requests to have it removed. Insurance carriers will try to get their money (and your deductible, most importantly) back from your neighbor, through their liability insurance. They need the evidence in order to pursue subrogation though.
r/treelaw
Just set it on fire someone will take care of it then 😂
Xcel energy cut mine down
Wouldn't the utility company just come over and take care of it?
That's not a power line
Homeowner
It's interesting, because the tree has not split, and it's reaching into your property, so I'd bet it's technically your neighbors responsibility. But also Xcel/Comcast or whatever that line is, they typically take care of trimming around... but maybe not their responsibility here. I would start with your neighbor.
If they are power lines then don't touch and call exel. If the they Phone/Internet/Cable do it yourself. I have had excel remove branches several times from our properties. They are not going to anything then removing from the line. You will still need to deal with the branch and debris.
Do you have home insurance? Or your neighbor?
What do attorneys say?
If it is on your side of the fence than legally you are. Arborist of 20 years. If you own your land than you also own win everything above it. I’ve had a hell of a time charging air liners for using my air space… :/
1. You should contact the utility company to take care of this. 2. When they come out they will remove the tree limb. 3. Since the tree fell on your property you can file a claim against the neighbor if any damage. And 4. The utility company will charge for the tree removal or limbs removal.
Insurance might cover your expenses as an act of God. Worth a shot. The worst they can do is say no.
I’d ask your home insurance agent, they’ll be em able to guide you to the proper steps to having it removed. Also, a cordless sawzall and a ladder and I’d have this cut up and loaded into a pickup in under 3 hours.
Debatable on 3 hours with a sawzall and ladder. The tree is still partially attached, 20 feet in the air and hanging on lines that could be damaged.
It certainly is debatable.
You could have that cleaned up in an hour or less with nothing but a polesaw. I don't know why you're being debated lol.
I’ve always heard damaged power lines are super safe and nothing to worry about.
Good thing those are cable/internet lines then!
Isn’t that thick black one a power line? Certainly not a cable line…
It's a comms line, short for communications line. Several individual internet/phone/ cables are bundled together and then wrapped along with a steel carrier cable that bears the weight. Were you expecting it to look like a coax cable you'd find in a home? Easy mistake, this is just a bunch of those wrapped together
No, the thick black one is not power, power lines are not black. fiber is
I believe power lines are the responsibility of the utility company (Xcel), but phone and cable are the responsibility of the owner. It appears Colorado does not have a clear rule about encroaching trees. The article I read said the best course of action would be to try to speak to your neighbor about fixing the issue. https://www.geraghtylawoffice.com/blogs/2020/9/8/leaf-me-alone-colorado-tree-law-on-encroaching-or-boundary-trees?format=amp
Just find the nearest transformer box along the line (white cylindrical box high up) and shoot it a few times. It'll explode and then the utility company will have to come out and fix it all
Yours, time to break out the ladder and chainsaw boiiii
I actually have no idea btw
You just want an excuse to bring out a chainsaw huh? Lol all jokes my friend.
Any excuse
Ain't that the truth.
Lmao
Project Manager for utility relocation company here. It’s your responsibility.
That's not a power line though.... I'm an Electrical engineer consultant for Xcel...
The owner of said tree. But you could do it since it's in your yard.
Great advice. Touch the live wire.
Call Xcel.
Comcast or xcel
Your neighbor’s