Consumer Law, Warranties Liability for work contracted on another's property

[Twinbrook586]

Jurisdiction

Maryland

Hello - I live in Rockville MD and a city inspector has told me that I must have a tree removed, but the work must be done on my neighbor's property due to the way the tree grows and a slope between our properties. Neighbor has never trimmed the tree and the inspector says it has become dangerous.

My neighbor refuses to contract with a tree company. The inspector tells me that I must do it for him. I am concerned about contracting for work done on someone else's property, especially with something as dangerous as removing a tree. I'm okay with paying for it, but I don't want to expose myself to liability.

What are my options? Thank you for your time.

 

[zddoodah]

Gonna need some more information before trying to answer your questions.

Is the tree on your property (as suggested by the inspector telling you that it has to be removed)? If so, why would there be any expectation for your neighbor to trim the tree? If not, why would the inspector tell you - instead of your neighbor - that the tree has to be removed?

 

[Twinbrook586]

Gonna need some more information before trying to answer your questions.

Is the tree on your property (as suggested by the inspector telling you that it has to be removed)? If so, why would there be any expectation for your neighbor to trim the tree? If not, why would the inspector tell you - instead of your neighbor - that the tree has to be removed?

Yes, the tree is on my property and overhangs my neighbor's property.

 

[adjusterjack]

I don't want to expose myself to liability.

Too late. You're already exposed to liability. You've been put on notice that the tree is a danger. If you don't do anything, you'll be liable for damage to your neighbor's property. That's how negligence law works. If you are aware of a hazard (you are now) and fail to remedy the hazard, you are liable for damage caused by the hazard.

I suggest you quit relying on speculation and contact a tree removal company and tell them it has to be removed from your side because the neighbor won't cooperate. I have seen these guys climb trees, secure limbs before cutting, and lower them gently to the ground.

Make sure the tree company is licensed, bonded, and insured and you won't have to worry about liability for their work.

 

[zddoodah]

the tree is on my property

Then it's your responsibility to have it removed or face the consequences of not going so. Now that you're on notice of a potentially dangerous situation, you'll be liable for anything that could have been prevented by removing it.

 

[Twinbrook586]

I'm not questioning my responsibility here. As I said, I'm happy to do it. I have offered to pay, if he signed the contract. I'm not relying on speculation... two companies have told me they cannot do the work without accessing his property. This isn't a obstacle, because he will allow them on his property. I simply do not want to put myself in a position to be sued if his property is damaged during the removal and it's my name on the contract. I will ask him to sign a release of liability for me too. Thank you for your time.

 

[Zigner]

I'm not questioning my responsibility here. As I said, I'm happy to do it. I have offered to pay, if he signed the contract. I'm not relying on speculation... two companies have told me they cannot do the work without accessing his property. This isn't a obstacle, because he will allow them on his property. I simply do not want to put myself in a position to be sued if his property is damaged during the removal and it's my name on the contract. I will ask him to sign a release of liability for me too. Thank you for your time.

Why shouldn't you be sued? They're your contractors.

 

[adjusterjack]

I simply do not want to put myself in a position to be sued if his property is damaged during the removal and it's my name on the contract.

Doesn't matter if your name is on the contract or not. You can still be sued and still be liable either way.

You're overthinking this.

Just get it done.

If something goes wrong and you get blamed, well, that's why you have homeowners liability insurance.

 

[Zigner]

Make sure the contractor you choose has proper insurance and is bonded.

 

[welkin]

a city inspector has told me that I must have a tree removed, but the work must be done on my neighbor's property due to the way the tree grows and a slope between our properties.

Get a letter from the inspector stating what he told you just in case.

 

[Zigner]

Get a letter from the inspector stating what he told you just in case.

To be clear (because the OP wasn't), the inspector only told him the tree needs to be removed.

 

[zddoodah]

I have offered to pay, if he signed the contract.

Assuming "he" is your neighbor, why would your neighbor sign a contract relating to the removal of a tree on your property?

two companies have told me they cannot do the work without accessing his property. This isn't a obstacle, because he will allow them on his property.

Great, then there's no issue here.

I simply do not want to put myself in a position to be sued if his property is damaged during the removal and it's my name on the contract.

Then call your homeowner's insurer and ask whether the liability coverage on your policy would apply here. Also make sure your contract with the tree removal company contains appropriate indemnification language. That said, one is not typically liable for the negligence of one's independent contractors. Also, you put yourself in this position by failing to maintain your tree.

I will ask him to sign a release of liability for me too.

Ok. Maybe your neighbor is a fool and will sign. No way to know without asking.