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Legal rights question concerning a neighbor's tree
#21
quote:
Originally posted by KathyH
I imagine most of us have read "The Little Prince" at some point. Remember his job of clearing away the baobab tree sprouts on his little planet? And then he went away to Earth and the baobabs took over his home?

See, that book is a good allegory for absentee landowners in Puna. The Little Prince was an absentee landowner and he found out the perils of not keeping up with his trees. [Big Grin]

What a great story to remind us of. Really fits[Smile]
hawaiideborah
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#22
quote:
Originally posted by Dennis

We have a lot in Nanawale. In Nanawale, the Community Association will check your lot for free each year if you ask. When they checked ours the last time, everything was fine. The previous check came back with an "Octopus Tree". They recommended we have it cut down because it was close to our neighbor. We chose to have it cut down. Cost $250.00! That was a great price. Why risk a law suit, liability etc. over a tree.


Nanawale's Community Assoc. is doing a great job at helping absent lot owners from later finding out that they have a giant (no pun intended) tree liability waiting to happen.

edit to add: Sorry for my posting under this name which will surely invite the idiots who hate me to post vile things again, but too many people have been telling me I was banned from here. (Now, back to my unassuming name)
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#23
For starters, take some photos of the tree - especially if you can show its canopy (overhanging branches) in relation to your house or property line. Get the booklet from Council 5 office "Albizia - the tree that ate Puna". Send the photos and booklet to your neighbor and tell them that the tree is a present danger. Offer to connect him/her with a dozer operator or an arborist or tree trimmer for estimates. cc HI Cty Civil Defense. If the tree falls on your house or property, your neighbor has all the liability and you can even sue and put a lien on the land until you are paid. Civil Defense can take the tree down and then bill the owner directly.Send the letter certified RRR so you have proof that the neighbor has been informed - and , of course, keep a copy of the contents for your files.

Two homes in Nanawale were totalled by neighbors' albizias - the damages that accrued to the tree's owner far exceed the cost of removal.

Check with the Nanawale CA office if you want to see a sample letter that they write to absentee owners - you can use it as a template.

Good luck
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#24
quote:
Originally posted by Rene Siracusa

For starters, take some photos of the tree - especially if you can show its canopy (overhanging branches) in relation to your house or property line. Get the booklet from Council 5 office "Albizia - the tree that ate Puna". Send the photos and booklet to your neighbor and tell them that the tree is a present danger. Offer to connect him/her with a dozer operator or an arborist or tree trimmer for estimates. cc HI Cty Civil Defense. If the tree falls on your house or property, your neighbor has all the liability and you can even sue and put a lien on the land until you are paid. Civil Defense can take the tree down and then bill the owner directly.Send the letter certified RRR so you have proof that the neighbor has been informed - and , of course, keep a copy of the contents for your files.

Two homes in Nanawale were totalled by neighbors' albizias - the damages that accrued to the tree's owner far exceed the cost of removal.

Check with the Nanawale CA office if you want to see a sample letter that they write to absentee owners - you can use it as a template.

Good luck


Rene,
Your post is another excellent example of why punaweb members are the BEST. what a terrific response. You really helped this original poster with real useable resources for a problem that anyone in puna could face. In the future when folks use the punaweb search tool under albezia trees they will get this thread and your post will continue to help future punaweb folks.
Thanks for keeping paying it forward.
hawaiideborah
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