chiver78
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Post by chiver78 on Mar 29, 2016 16:15:10 GMT -5
does anyone have experience with something like this? my property abuts a railroad line. the railroad services scenic tours, and is seasonal. during one of the wind storms last month, a tree fell onto my back lawn from across my property line to the RR. thankfully nothing is damaged, but I can't install my fence until it is gone. we actually tried cutting it and the attached vines, but gave up after 4h and called.
I have called and actually spoken to a person three separate times as well as attempted to visit their local office in person - nobody was there. the most recent "promise" given last Friday was that they would have someone here to at least check it out, if not remove it right then, by "early next week".
at what point can I just have it removed and send them the bill? my other option is to rent a super duty truck and yank the mess off my lawn and deposit it into their tracks. maybe that will finally light a fire under their asses.
what are my options here? I'm about done playing nice.
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phil5185
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Post by phil5185 on Mar 29, 2016 17:21:32 GMT -5
Did you have your insurance adjuster look at it? They will deal with the RR for you, ie, they'll have the tree removed, bill the RR. And have your fence replaced for you. (Or maybe I'm not understanding the scenario?)
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chiver78
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Post by chiver78 on Mar 29, 2016 18:40:20 GMT -5
Did you have your insurance adjuster look at it? They will deal with the RR for you, ie, they'll have the tree removed, bill the RR. And have your fence replaced for you. (Or maybe I'm not understanding the scenario?) it isn't an insurance claim at all, the tree fell across clear space onto grass. nothing was damaged. the problem is that I want to schedule a fence installatuon, and this mess is in the way. I'd remove it myself if I could - we have already burned out a chainsaw chain and wasted about 4h of time trying to hack thru the live vines wrapped around the dead trunk. |
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GRG a/k/a goldenrulegirl
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"How you win matters." Ender, Ender's Game
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Post by GRG a/k/a goldenrulegirl on Mar 30, 2016 8:22:53 GMT -5
Oy. I'm not a licensed lawyer in Massachusetts, nor do I play one on TV,  , but I'm not sure the railroad company has a legal obligation to clean up the fallen tree. I could be wrong, and actually hope that I am, but I think it's akin to overhanging branches on lot lines. Heck, in my own case, with a hefty insurance claim, I had to clean up the tree (not my neighbors who owned the tree). The railroad MIGHT do it to keep you a happy abutter, but I don't think they must do it. Again, I am hoping to be really wrong. you could post a "free firewood" announcement on Facebbok/Freecycle/craigslist telling the takers that they are responsible for dismantling and removing the tree and that, in coming on your property to take said tree, they waive any and all legal claims against you (in case they get hurt). But, that may be more complicated than you want to deal with... |
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chiver78
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Post by chiver78 on Mar 30, 2016 8:44:29 GMT -5
that's good to know for the future - there's still one live tree standing back there. but, I have a positive update this morning  last night, I took my frustrations to FB and posted a small rant with a snarky comment about perhaps blowing up social media might light a fire under their asses. I then shared the post to the town residents page, tagging the RR in both posts. wouldn't ya know it, but there was someone knocking on my door this morning. my roommate texted me on my way in to work to let me know that they were cutting up the fallen tree and stacking the pieces outside my property line. as far as whose responsibility it is to clean it up, if it was always my problem, why did the RR tell me they would come take a look?  |
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Wisconsin Beth
Distinguished Associate
No, we don't walk away. But when we're holding on to something precious, we run.
Joined: Dec 20, 2010 11:59:36 GMT -5
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Post by Wisconsin Beth on Mar 30, 2016 8:47:13 GMT -5
I was going to suggest hunting Bonny down, didn't she do something with railroad real estate in a past life? But it sound like it's resolved, more or less happily.
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alabamagal
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Post by alabamagal on Mar 30, 2016 9:46:46 GMT -5
The railroad MIGHT do it to keep you a happy abutter, but I don't think they must do it. I want to be a happy abutter! That just sounds evil somehow |
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mollyanna58
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Post by mollyanna58 on Mar 30, 2016 9:53:20 GMT -5
I don't know about MA, but in NJ, if a tree falls down and lands in your property, it's your problem, no matter who owns the tree. The only time that may not be true is if the tree were obviously dead before it came down and the owner knew it was a hazard and should be removed.
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