Take care of your trees and they’ll take care of you

by Dan Krell (c) 2009.

Maintain and inspect your trees regularly

Trees are an essential part of our ecosystem. Among the many benefits trees offer us include filtering our air and water, providing shade from the sun, and positively affecting our moods. Properly maintained and placed trees can even possibly add value to your home. However, if trees are not maintained properly and inspected regularly, they can become neglected and a potential hazard to you and your neighbor.

When you moved into your home you probably didn’t think much about the trees on your lot, other than their beauty and shade. Trees require maintenance and regular inspection to ensure their health and to remove any potentially hazardous limbs. For proper tree maintenance you should hire a professional tree care expert. Professional tree care experts (arborists) are licensed in Maryland by the Maryland Department of Natural Resources. If you need a Maryland Licensed Tree Expert, you can find one on their website (www.dnr.state.md.us/forests).

The Montgomery County Department of Environmental Protection recommends regular tree maintenance to include mulching and watering. Mulch layers protect tree roots from nutrient robbing weeds, provide insulation from extreme weather, and maintain the moisture provided from rain and watering. Mulching during the spring and fall will ensure your trees have the proper mulch coverage (recommended to be two to three inches deep).

Proper watering is essential for tree health. As you can imagine, summer months are hard on trees (especially for newly planted trees) so regular watering is beneficial. Newly planted trees require watering in the absence of rain. Because the water needs to reach the tree roots, deep watering methods are recommended by experts (use of soaker hoses, gator bags or, drip buckets).

If your lot is 40,000sf or greater or have a champion tree on your land, you may have to comply with the Maryland Forest Conservation Program. The Montgomery County Forest Conservation Program ensures Forest Conservation Law is enforced to save, maintain, and plant forests in the county. The Montgomery County Planning Department (MontgomeryCountyPlanning.org) can assist you in determining if your property falls in this category.

So, what happens if your tree falls and damages property? If your property is damaged, then you should consult with your insurance agent to determine if your insurance policy covers the damage.

However, if your neighbor’s property is damaged, they may have formed their own opinion about who is responsible; the outcome can be resolved in several ways. Sometimes neighbors can work out a solution on their own. Many such neighbor and tree cases are determined through mediation. Mediation is a form of alternative dispute resolution that is private and can be less expensive than going to trial. More information can be obtained from Community Mediation Maryland (www.mdmediation.org).

However, it is a good idea to consult an attorney if your fallen tree damages your neighbor’s property; these cases are not always clearly defined. If you do end up in court you may find that the court often decides such cases from case law and considers a variety of contributing factors to the resulting damage before making any decision.

I am no Lorax, but it’s clear that if you take care of your trees they will provide you with many years of shade and enjoyment; not to mention possibly avoiding “situations” with your neighbors.

This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of March 23, 2009. Copyright © 2009 Dan Krell

Budgeting for home maintenance; the other housing crisis


by Dan Krell © 2009

Current economic conditions are creating another housing crisis. Even though credit is tight and savings are dwindling, don’t forgo regular home maintenance. Forgoing regular maintenance can not only possibly devalue your home, but also create larger problems that can potentially make your home unlivable.

Many first time home owners are surprised by the actual cost of home ownership. Some get caught in the trap of spending their savings to purchase their home without having any reserves for emergencies, let alone regular home maintenance. If regular home maintenance items are not attended to, these items can become expensive emergencies. For example, a small roof leak left unrepaired can wreak havoc on the roof, ceilings, and walls requiring extensive repairs, as well as the potential for mold.

Adding to the impending crisis is the fact that many home owners are so bogged down with debt that they cannot save enough money for regular maintenance items. A few years ago this wasn’t so much a problem because credit was easily available; qualifying for a home equity line of credit to pay for home repairs and renovations was easy. However, presently qualifying for a line of credit is difficult, let alone trying to keep one open.

Putting off home maintenance due to a clean home inspection may not be such a good idea. Having a home inspection can determine the overall condition of the home and give you some peace of mind when you purchase a home; but the inspection is limited. In fact the law governing Maryland home inspector licensure describes the limitations and exclusions of a home inspection as not being technically exhaustive and may not identify concealed conditions or latent defects. Additionally, a home inspector is not required to determine (among other items): the condition of systems or components that are not accessible; the remaining life of any system or component; the strength, adequacy, effectiveness, or efficiency of any system or component; any future failures of systems and components; compliance of the structure with applicable provisions of local ordinances, regulations, or codes; and the existence of any manufacturer’s recalls (COMAR 09.36.07.03).

Even new homes have maintenance requirements. Sometimes, poor craftsmanship or inadequate installation techniques necessitate repairs sooner rather than later.

Relying on your homeowner’s insurance to repair your home in case of a system or component failure may not be a good idea either as some insurance policies may limit damage/repair costs and/or not cover damages due to poorly maintained systems (insurance coverage varies; you should consult your insurance agent for clarifications to your policy).

If you haven’t yet budgeted for home maintenance- start today! Freddie Mac recommends having a “home audit” to assess the maintenance needs of your home. To meet regular and emergency maintenance needs, some experts recommend an annual savings of one to three percent of the home’s value. Planning ahead can make home maintenance easier as well allow you to make informed decisions to possibly lower your maintenance costs (FreddieMac.com).

A sign of a home owner facing financial challenges is often manifested by their home’s disrepair. Homes that fall into disrepair are an indication that the home owner is struggling. If you or a neighbor needs assistance to create a home maintenance budget, contact a local housing counseling agency.

This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of February 2, 2009. Copyright © 2009 Dan Krell.

Can Title Insurance Save Your Home?

by Dan Krell © 2008
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Would you sign a hold harmless letter if you decided not to purchase an owner’s title insurance policy? Prior to her recent home purchase, a local home buyer was asked to sign an affidavit holding the attorney, the real estate brokers, their agents and employees harmless from any future claims arising from any title problems. She declined purchasing an owner’s title insurance policy. However, once the attorney explained the potential problems that may occur and how the title insurance could protect her interests, she decided to purchase the title insurance.

Believe it or not, the actual number of paid title insurance claims is relatively low (about four to five percent). Fortunately, many title problems are resolved without a claim, while some problems are resolved in an effort to not pay a claim. According to a 2005 survey conducted by the American Land Title Association (ALTA is the national trade association of the abstract and title insurance industry), about one third of all residential transactions have title problems; title issues in the previous 2000 survey were reported at being 25% (ALTA.org).

Although title problems do occur, most are resolved. According to ALTA, the most frequent title problems that occur (and need to be resolved) include unreleased and unpaid liens (including first and second mortgages, unpaid child support, tax liens, and other judgments). Other frequent title problems that occur include unreleased mortgage or deed of trust assignments and recording errors (legal documents having the wrong names, addresses, and legal descriptions).

The reason for the increase of title issues is twofold. The recent real estate market expansion saw a significant rise in the number of real estate closings, which gave rise to the opportunity to find additional title blemishes. Additionally, the fast paced environment of those years gave rise to the opportunity for mistakes to be made by overworked and/or inexperienced title agents and county employees.

Title insurance critics say that purchasing an owner’s title insurance policy is an unneeded closing expense placed on the home buyer for the title agent’s benefit (who makes a commission). Some passionate critics describe title insurance as a “scam” or “rip-off” because most title problems are easily resolved.

The few title problems that cannot easily be resolved can be catastrophic, as was the recent case first reported by the Columbus Dispatch on May 31, 2008 (Dispatch.com). The Ohio family’s home is being foreclosed on because of a typo that appeared on the previous owner’s line of credit. The line of credit was filed under the misspelled name of the previous owner.

The present owner reportedly felt it unnecessary to purchase an owner’s title insurance policy because the title search showed no problems. Unfortunately, the line of credit went unnoticed and the previous owner did not pay off the line of credit (reportedly being $150,000) at closing. Needless to say, the present owner was shocked to find out the previous owner’s mortgage company decided to foreclose on his home after years of non-payment. Could the foreclosure have been averted if the owner had title insurance?

State laws governing title insurance vary; purchasing owner’s title insurance is optional in many states. If you are planning to purchase a home, consult an attorney about title insurance.

This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of July 21, 2008. Copyright © 2008 Dan Krell.

Renewable Energy at Home

by Dan Krell
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The debate over the use of renewable and green energies in the home has been fought for many years. However, recent spikes in energy costs combined with the imminent sharp increases from local power companies have made a case for the use of renewable energies such as solar power. Many real estate analysts agree that as solar photovoltaic technology advances and becomes more affordable, solar energy sources in the home will not only become accepted – but expected from home buyers.

Today, many people are ill informed about solar energy and its uses in the home; when asked, they might describe solar energy as using a large bulky panel sprouting from the roof to heat hot water. Solar collectors from thirty years ago were limited in the amount of energy they could convert, as well as being cost prohibitive for the majority of home owners. However, solar photovoltaic technology and engineering have come a long way since then such that the materials used are more efficient in converting light into electricity as well as being more affordable.

Technological improvements, lower costs and government incentives have prompted worried home owners to take another look at solar energy. Advancements in new materials (such as thin film) have created solar collectors that are smaller, more reliable, and more efficient than their counter parts of thirty years ago. The new technology has allowed new Building Incorporated Photovoltaic systems to incorporate the use of solar collectors in wall and roof components such as shingles, tiles and other building materials, which not only makes the use of solar collectors more feasible but aesthetically pleasing as well.

The cost (usually measured in Watts) to install solar photovoltaic cells is still not cheap. Depending on the type of system installed and the contractor used, the cost for a residential installation can be as little as $5,500 and cost as much as $22,500 (SouthFace.org). However, with Federal, state and local incentives, combined with the long term benefit of reduced energy costs, the cost does become more acceptable. Federal tax credits can be up to $2,000 on the installation of an acceptable and approved solar energy system (EnergyStar.gov). Montgomery County offers the Clean Energy Rewards program; the program pays consumers one cent per kilowatt-hour for eligible energy consumed (www.montgomerycountymd.gov). Additionally if your system is connected to the local energy grid, you can sell any excess energy to your local power company!

If you live in a homeowners association, however, you may have opposition to your solar panel installation. Many homeowners associations prohibit the installation of solar panels because of their appearance and the concern over lack of uniformity within the neighborhood. However, to encourage the use of solar panels as a green energy source, some states have already fought back by disallowing HOA bans on solar panels.

Installation of solar photovoltaic systems in your home is an exact task because of the engineering considerations and electrical components used. When choosing a contractor to install your system, make sure they are locally licensed as well as certified by the North American Board of Certified Energy Practitioners (NABCEP.org). The NABCEP provides certification to those who specialize in solar photovoltaic installation.

This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of May 12, 2008. Copyright © 2008 Dan Krell.

Is Your Home Ready for the Rains?

by Dan Krell
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With spring’s arrival come blooming cherry blossoms and flowers, nesting birds, and the light yellow haze of pollen on your car. Additionally, springtime means there will be sustained rains and water saturated lawns. Is your home ready for the springtime showers? With regular maintenance and scheduled inspections, your home’s roof, gutters and downspouts, sump pump and windows will withstand the springtime showers (as well as year round rains and snow) and prevent your home from becoming a water hazard.

Obviously, a leaking roof can be problematic. However, with proper maintenance, you can prevent any major leaks; regular checks can determine the condition of the roof system including the shingles and flashing. Roof systems and materials vary from home to home and wear may vary. However, curling, lifting, broken and missing shingles as well as failing flashing should be repaired as soon as possible to prevent ice dams and water penetration through sheaving and membranes.

A common cause of outside water penetration into a basement is due to clogged gutters and downspouts. When gutters and downspouts become blocked, water is not efficiently carried away from the home. Instead the water pools around the home’s foundation. Debris on the roof can not only damage the roofing material, it will clog the gutters and downspouts and should be removed immediately. You should have the gutters cleaned and inspected at least twice a year to ensure proper function.

Water may also enter your home because of a failed sump pump. The purpose of the sump pump is to remove excess water from the home that has collected in the sump pit from excess drainage around the foundation. A sump pump has a typical life span of ten years, and because parts often need servicing it should be tested regularly. If your sump pump is connected to the home’s electric system, you might consider having a battery backup system to ensure the pump is operative when you need it the most.

Windows are often overlooked when there is a leaking problem. However, water can enter around windows and seep down the walls of your home. This can happen if windows are sealed or installed improperly. A visual inspection of the window exterior can determine if the caulking or sealant around the windows is cracked or missing and in need of repair.

If you find that water has infiltrated your home, call a professional immediately- waiting can make the damage more extensive. If it is safe to do so, you may want to remove your valuables from the water. You should refrain from using any electrical equipment in and around the water; don’t use your household vacuum to clear excess water, nor should you use electrical appliances while standing in the water.

Once the source of the water penetration has been repaired, your focus will be on water removal and cleanup. To ensure proper cleanup, you might consider one of the many professional cleanup and restoration services; proper cleanup can reduce incidences of mold and mildew that arise from water damage.

Regular inspection and maintenance can prevent water damage to your home. To prevent injury, it is recommended you hire a professional for inspections and repairs.

This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of April 28, 2008. Copyright © 2008 Dan Krell.