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Whose responsibility are the dead trees?

Discussion in 'Broadlands Community Issues' started by sharse, Jul 20, 2007.

  1. sharse

    sharse TeamDonzi rocks!!

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    Another thread had me thinking about this...

    Van Metre came through our backyards in the new sections of SW about 18 months ago or so and planted a bunch of trees, as I believe I read was required by the County. Mine are perfectly healthy and lovely but I'm noticing a bunch of my neighbors who aren't as diligent at watering have let those trees die. And of course, some were probably sick and despite the care have died anyway.

    I'm thankful that it doesn't impact me, but I'm curious if anyone bears responsibility to replace them? Will the county come tell Van Metre to replace them? (I don't think my street - Highview Trail - has been turned over to VDOT yet if that makes a difference.) Or are they now the homeowner's responsibility? And if they're the homeowner's responsibility, MUST the homeowner do so? Or can they either (a) let a dead tree sit on their property forever, or just (b) pull it out and not replace it?

    Just curious.
     
  2. sharse

    sharse TeamDonzi rocks!!

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    One more thing: I'm talking mostly about trees in back yards, but there are some in front yards as well, if they're treated differently.
     
  3. Zeratul

    Zeratul Well-Known Member

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    I think the big difference here is where they are "legally" located. If they are on the homeowner's property, then it is their responsibility to care for and maintain their trees, even if Van Metre planted them. You said 18 months, so your 1-year warranty period is over, otherwise Van Meter would replace them (once). If they are on common property, then a call to the HOA would help clarify this. The only reason VDOT would be involved is if you were talking about trees that had been planted within that strip of land between the sidewalk and the street which does not apply in this case. I do not recall any trees in that area being planted in that area.

    This is my educated opinion as I had a conversation with one of your "neighbors" about this very topic and that was part of the answer he got from Van Meter about 6 months ago. He wanted to move several of them too.
     
  4. vacliff

    vacliff "You shouldn't say that."

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    If the trees are required by the county as a street tree program or buffer, they will have to be replaced by the builder util the street is off bond. Once the street is off bond, they are the resposibilty of the homeowner.
    If they are "builder" trees that are installed as part of the landscaping package for your home, then it's between you and the builder how long the warranty period is for.
     
  5. sharse

    sharse TeamDonzi rocks!!

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    I'm pretty sure the trees I'm talking about fall in this category. Thanks for the info.
     
  6. sharse

    sharse TeamDonzi rocks!!

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    One more thing, please... if a tree that is the homeowner's responsibility dies, MUST the homeowner replace it? With a like kind/size tree? With a rose bush? Can they fill the hole and plant grass?

    And no, I've not seen anyone do this, nor do I myself plan to... I'm just curious if a homeowner can be forced to replace a tree, or what the deal is.
     
  7. vacliff

    vacliff "You shouldn't say that."

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    Most likely, the answer is "No."
     

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