Liability Of Developer?

[jaideeguy]

My house [in a development] is directly across the street from some really tall [and getting taller] pine trees that are notorious for their shallow root systems and prone to falling especially when the soil is wet. the trees are on lots that still belong to the original developer and could do some major damage to my house if they fall this way.

my question is does the owner of the lots have any responsibility and could he be found liable should that happen??

I am going to approach him in a friendly manner and hope he agrees to top the trees, but would like to know where I stand?/

[rametindallas]

Hi, Jaideeguy. I grew up with pine trees surrounding our house in SE Louisiana. It always took either lightning or a hurricane to bring one down. Look on a botany website and you will see they have a very deep taproot and are statistically less likely than shallow-root oak trees to go down in a wind storm. In any case, I would not depend on the Thai landowner unless it was spelled out in the contract or law code that he is responsible. It seems the liability laws here translate to 'you should have anticipated _____'. I suggest you purchase some supplemental homeowner's insurance then you can sue at your leisure should the worst happen. Choke dee.

[MikeyIdea]

Thais are not known for action before something happens... To approach him in a friendly manner is OK of course, don't expect anything and don't get angry if he just says - Don't worry

I don't think you should worry, takes quite a sneeze to topple a pine tree

Good Luck

[xen]

Can You post a few photos of the "pine" trees you have concerns about especially around the base of the trunk . At a guess, they may be casurina spp.as they are very common in Thailand , but until i see a photo they could be anything . What is the soil type - sandy, clay ? If they are in an location /soil conditions where the root base can spread out, then, generally speaking , they should be more stable. If you are concerned about the wind blowing them down , then trees that allow the wind to pass through but slow the wind down may be safer . It is the combination of wind and wet soils that can bring trees down .Loping the trees can be not a good idea either as the regrowth can be prone to failure as well , although if they do come down they may fall short of your property .

Legally, i would be giving the developer a (dated) letter with your concerns and await his reply - nothing much more you can do . You have given him the opportunity to be proactive.

[jaideeguy]

Can You post a few photos of the "pine" trees you have concerns about especially around the base of the trunk . At a guess, they may be casurina spp.as they are very common in Thailand , but until i see a photo they could be anything . What is the soil type - sandy, clay ? If they are in an location /soil conditions where the root base can spread out, then, generally speaking , they should be more stable. If you are concerned about the wind blowing them down , then trees that allow the wind to pass through but slow the wind down may be safer . It is the combination of wind and wet soils that can bring trees down .Loping the trees can be not a good idea either as the regrowth can be prone to failure as well , although if they do come down they may fall short of your property .

The trees in question are not the cool weather pine trees. I don't know the botanical name, but in Hawaii, we used to call them 'ironwood' and they do have a tendancy to fall...especially in wet clay soils. Normally they flex and bend in winds, but sometimes too much and over they go.

Maybe it is time to get insurance......but does normal homeowner's insurance cover tree damage?? I don't worry about theft, fire [cement house]and flood can't do much harm.

I'll try to take and post a foto of the trees.

thanks for input....

[jaideeguy]

Can You post a few photos of the "pine" trees you have concerns about especially around the base of the trunk . At a guess, they may be casurina spp.as they are very common in Thailand , but until i see a photo they could be anything . What is the soil type - sandy, clay ? If they are in an location /soil conditions where the root base can spread out, then, generally speaking , they should be more stable. If you are concerned about the wind blowing them down , then trees that allow the wind to pass through but slow the wind down may be safer . It is the combination of wind and wet soils that can bring trees down .Loping the trees can be not a good idea either as the regrowth can be prone to failure as well , although if they do come down they may fall short of your property .

Legally, i would be giving the developer a (dated) letter with your concerns and await his reply - nothing much more you can do . You have given him the opportunity to be proactive.

[jaideeguy]

sorry about the double post......and wikipedia cunfirmed that the tree is Casuarina.

insurance maybe??

[xen]

Casurinas depeding on the species are often found in a varierty of soil conditions ( from marginal rainforest hills to seaside and wetlands) but if they are in a heavy clay , it may indicate the root plate is restricted in spreading and if there are roads or walls or other man -made concrete structures it will be worse. It is often a matter of if the tree is more top heavy in proportion to the root system as a rule .

Insurance is always wise , i am too sure what it is like in LOS but here in Oz , if you haven't taken steps to avoid damage the Insurance company may not pay out for damage from falling trees which leaves many people in a difficult position. This is why i suggested you present the develeloper a dated letter with your concerns and ask him rectify . Put the onus on the developer and let him and the insurance company fight it out ,if the worse does happen. I would talk to somebody more knowledgable about the legalities of insurance than me on this matter though .

[jaideeguy]

"but if they are in a heavy clay , it may indicate the root plate is restricted in spreading and if there are roads or walls or other man -made concrete structures it will be worse. It is often a matter of if the tree is more top heavy in proportion to the root system as a rule ."

That's exactly the situation.....roots restricted by cement culverts and in heavy clay soils and they do get top heavy during rains and high winds they sway 7-8 mtrs at the top.

will cck out the insurance thing after a friendly consult with developer and hope the trees don't fall before it is resolved.

thanks.....