HPP, Easments and Albizias

[OrchidIslander]

I live in HPP and am pretty much in Albizia hell.

The two vacant lots surrounding mine are choke full of tall Albizia. They drop branches on my fence, have just missed falling on playing children, deny my fruit and nut trees sunlight and may be the reason I am unable to provide my home with solar power because of overhanging branches.

I am in the process of notifying non-resident property owners regarding their liability and obligations for trees originating on their lots. I'm not sure if they are aware of the problems their trees are causing so I am sending them photos. I hope we can resolve our problems amicably.

My real issue seems to be with HPP. I live on of one of the main roads. The acre long easment between my property and the road is also choke with tall Albizia and other trash trees. Last week, a branch fell from one of the taller trees onto the main road. Luckily no cars or pedestrians were in the vicinity at the time.

I've called hppoa and left messages regarding the trees. I've been told that my concerns would be passed on to the Yard Supervisor, but so far no response and no return calls.

I was wondering if anyone knows what hpp's responsibilities and obligations are - if any - regarding easment maintenance and liability. Are there any procedures or channels one must go through for some sort of resolution. Any advice, insight or pointed direction towards the applicable section of hpp's bylaws would be appreciated.

It is not my intention to make war with hpp. I had to have several large Albizia on my side of the property line taken down because they were perilously close to the street and I was concerned about liability - the process was not cheap. I really can't afford to tackle trees on the easment.

Any advise appreciated.

Thanks in advance,

[John S. Rabi]

You will need to look at your deed and see what it says about the easement and who is responsible for the upkeep of the easement. (I have a feeling it's not addressed there and there is no recorded easement agreement. Since the easement is part of your property and you own it, it would mean it's your responsibility, but check your deed.)

In regards to your neighbors, they are responsible for their trees not to drop branches on your property, but otherwise they can keep any kind of jungle on their lots.

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)

[EightFingers]

Whoever has the benefit of the easement is who's responsible for keeping it up.

[MarkP]

I saw a 100' albezia fall on its own on Saturday. There was no wind or rain to help it. Granted, it has been poisoned some time previous. Nevertheless it was spooky. Relative silence, then an ominous groan, then a crash.

[Kahunascott]

quote:

---

Originally posted by OrchidIslander

I live in HPP and am pretty much in Albizia hell.

The two vacant lots surrounding mine are choke full of tall Albizia. They drop branches on my fence, have just missed falling on playing children, deny my fruit and nut trees sunlight and may be the reason I am unable to provide my home with solar power because of overhanging branches.

I am in the process of notifying non-resident property owners regarding their liability and obligations for trees originating on their lots. I'm not sure if they are aware of the problems their trees are causing so I am sending them photos. I hope we can resolve our problems amicably.

My real issue seems to be with HPP. I live on of one of the main roads. The acre long easment between my property and the road is also choke with tall Albizia and other trash trees. Last week, a branch fell from one of the taller trees onto the main road. Luckily no cars or pedestrians were in the vicinity at the time.

I've called hppoa and left messages regarding the trees. I've been told that my concerns would be passed on to the Yard Supervisor, but so far no response and no return calls.

I was wondering if anyone knows what hpp's responsibilities and obligations are - if any - regarding easment maintenance and liability. Are there any procedures or channels one must go through for some sort of resolution. Any advice, insight or pointed direction towards the applicable section of hpp's bylaws would be appreciated.

It is not my intention to make war with hpp. I had to have several large Albizia on my side of the property line taken down because they were perilously close to the street and I was concerned about liability - the process was not cheap. I really can't afford to tackle trees on the easment.

Any advise appreciated.

Thanks in advance,

---

Where is your land and regards to which main road?

If you think health care is expensive now, wait until you see what it cost when it’s free...now here come the taxes.....

[John S. Rabi]

quote:

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Originally posted by EightFingers
Whoever has the benefit of the easement is who's responsible for keeping it up.

---

If that was true than our life would be much more simple! [][][]

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)

[OrchidIslander]

quote:

---

Originally posted by Kahunascott

[quote]

Where is your land and regards to which main road?

If you think health care is expensive now, wait until you see what it cost when it’s free...now here come the taxes.....

---

Scott,

I live off of Maku'u not too far from HPPOA.

Why do you ask?

[csgray]

OrchidIslander,
We must be neighbors, welcome to the neighborhood!


Carol