From: "Hagrinas Mivali" 
Newsgroups: misc.consumers.house
Subject: Re: Tree Branch Fell on Phone Line
Date: Thu, 9 Sep 2004 07:20:12 -0700


"Al Bundy"  wrote in message
news:1213ff7f.0409090425.5aa72e62@posting.google.com...
> "Hagrinas Mivali"  wrote in message
news:<4aSdnTtJm_jBrqPcRVn-rw@giganews.com>...
> > "Guogang"  wrote in message
> > news:c5a2d31b.0409071406.797be147@posting.google.com...
> > > The tree is out of our back yard, in the property of water district. A
> > > branch fell and stuck on the lines over our back yard. The branch is
> > > about 20 feet high, and beyond our reach.
> > >
> > > PG&E came out and said that the branch is not on their power line, but
> > > on a phone line, which is about 5 feet lower than the power line. SBC
> > > won't even come out look at it, claiming they will only service if the
> > > phone line is broken.
> > >
> > > Now, I want to remove it myself, but I do not know how can I remove it
> > > myself. Or, there is still some place I can call for help? Any
> > > suggestions would be highly appreciated.
> >
> > Did you ask the water district?  If it's their tree, and it damaged your
> > property (if only by requiring you to remove it) then you have the right
to
> > a claim.
>
> I'm no attorney, but the branch on your property is your
> responsibility as a rule. So you have the right to remove just that
> branch. If you can't figure out how to do it you could call a tree
> service, which could be expensive. Phone lines are not too high as a
> rule. You said 20 feet. Maybe you could rent a 16 foot ladder and
> reach it. I did something similar by attaching a string of poles to a
> pole trimmer enough to reach the height. I cut two 6" diameter limbs
> that way. It took a great physical effort to do because of the weight
> of the pole and flexing.

These things vary from state to state, but it's a tort issue.  A branch that
overhangs into your yard is encroaching and is something you can cut.
That's probably true in every state.  But a tree falling into your yard and
doing damage is a different issue. It may be on your property, but if a car
crashed through your fence, the same could be said of the car.