Trees

Phil Querin Q&A: Fences, Damage, and Landlord Liability

 

Question. I am looking for information dealing with fence liability between landlords and tenants, and between tenants and other tenants.

Our Park Management has not put up any fences. All fences were installed by current and past tenants. Generally, my questions relate to the duty to maintain these fences, liability from trees (hazard and otherwise), and repair issues and fences that were installed by past vs. current tenants.

 

Answer:  This is a very broad question, which is why the answer will have to be general. What follows are some of the major issues that occur.

Phil Querin Q&A: Trees, Limbs and Roots – Liability Issues

Question:  .  What is the landlord’s responsibility when it comes to trees falling on a tenant’s house. Does it make a difference if it is a hazard tree vs. not a hazard tree? What about roots crossing over a space and causing damage to the home on the tenant’s space or the neighbor’s space?

 

Answer: First, it must be noted that since tenants are not “owners,” and therefore, the caselaw and statutes that might apply to the latter do not necessarily apply to tenants in manufactured housing communities where the Spaces are rented.

 

Phil Querin Q&A: When is a Hazard Tree Not a Hazard Tree? Who is Responsible?

A tree that was never known by anyone including the tenant, or the landlord, to be considered a “hazard tree” prior to a windstorm, later falls and does no damage.  This tree was neither planted by the current tenant, nor the community.[1]  

 

Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?

 

Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a “hazard tree” thereby shifting the obligation to “maintain” a hazard tree to the Landlord?

 

Question No. 3. Does maintaining a tree include tree removal?

 

Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?

 

 

Phil Querin Q&A - When is a Hazard Tree Not a Hazard Tree?

Question. A couple of posts ago, I addressed a questions regarding the roots of a non-hazard tree located on the resident's space interfering with their sewer line.

 

There were some follow-up questions I will address below. However, here's the caveat: This is not legal advice, and community owners and managers should confer with their own legal counsel. Also, my answers are merely my opinions, and others have every right to disagree. Who is ultimately right is up to the judge before whom the matter is submitted.

 

 

Here are the follow-up questions:

 

 

A tree that was never known by anyone including the tenant, or the landlord, to be considered a "hazard tree" prior to a windstorm, later falls and does no damage. This tree was neither planted by the current tenant, nor the community.[1]

 

 

Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?

 

 

Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a "hazard tree" thereby shifting the obligation to "maintain" a hazard tree to the Landlord?

 

 

Question No. 3. Does maintaining a tree include tree removal?

 

 

Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?

 

Answer. Wow! Asking me if God caused a windstorm could get me in trouble. What if I'm wrong?

 

 

 

Phil Querin Q&A: Tree Damaging Home and Property - Solution May Create a Hazard Tree

 

Question: A park we manage has a tree on one of the lots whose roots are damaging the home owner's driveway, and the neighbor's driveway. In addition, it is also damaging the skirt of the home owner's residence. Our park rules say that all plants, including trees on a lot, are the responsibility of the home owner who is leasing the lot. The home owners are also responsible for installing and maintaining their driveways and carports. We had an arborist come out and assess the tree and it is not currently a
"hazard tree". The arborist advised against cutting the roots that are damaging the driveways as the tree would then lack adequate support and become a hazard tree. The question is, what responsibility, if any, does the Park owner have for the tree and or driveway damage? I am particularly wondering if ORS 90.730 (3)(g) has any relevance.

 

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