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Subject:
From:
JamesCBach <[log in to unmask]>
Reply To:
JamesCBach <[log in to unmask]>
Date:
Fri, 14 Aug 1998 09:38:19 -0700
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There are some legal issues you should consider before you do anything to
that cottonwood.  First, is it protected in the community where it is
growing?
Second, do you know anything about limb or tree removal?
Third, do you have an insurance policy to cover you?
Fourth, do you have a signed written agreement with the property owner (not
the renter) to alter the look of the tree, if you are not going to remove it
entirely?
Fifth, does the written agreement protect you if you damage the 1800's shed?
 
People have a way of changing their mind after the damage is done and they
see how the tree will look.  If you do any cutting, you may out-balance the
tree allowing normal winds to move the tree in different directions than at
present.  Might the tree blow down on some other desirable physical
property?  This might cause delayed liability issues for you.
 
I think these issues are important whether the tree is in a housing
subdivision or on a farm.  I know a person who took bees out from behind a
partial brick and wood exterior wall.  The owner acknowledged that the
mortar couldn't be matched and verbally agreed to the operation.  When it
was all over the mortar was white compared to the weathered mortar.  The
homeowner sued, won, and the beekeeper had to pay to remove the brick wall
and have it reinstalled so that it looked the same throughout.  Quite a cost
for a large swarm of bees!
 
James C. Bach
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