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My neighbor in Charlotte has many tree branches, some quite low hanging on or above my property. Am I able to clip them back to about where the proprty line is? Arethere any laws or regulations around this?
Also, they have a dead tree in the same boat that they are letting limbs fall and not doing anything about it.if it should fall it could likely hit our house. They have a fence and supposedly own about a foot inside the fence on my side & they used to care for that swath of ground. But when I cut it and a bit of my grass it is a mess moving thoughtless limbs.
Anything that overhangs your property, you can cut.
If a neighbor's tree falls, or parts of it fall, on your property and causes damage then.... If the tree is dead they are responsible for repairing the damage. If the tree is alive and it falls you are responsible for the damage. (considered an act of God)
My recommendation is to go and talk to them about the issue.
I'd send a certified letter notifying them of the hazard, that way if it falls and damages something (or god forbid, hurts someone) it will be their insurance that has to cover it.
Also, I told my neighbor I was going to trim some branches off his oak that were dipping over my drive and he just went ahead and trimmed them back to the bole... Point being, it would be a courtesy to let them know before you trim, especially if it's a large tree or limb.
I'd send a certified letter notifying them of the hazard, that way if it falls and damages something (or god forbid, hurts someone) it will be their insurance that has to cover it.
Also, I told my neighbor I was going to trim some branches off his oak that were dipping over my drive and he just went ahead and trimmed them back to the bole... Point being, it would be a courtesy to let them know before you trim, especially if it's a large tree or limb.
If a tree does fall from a neighbor's property, you and your insurance company are responsible for any damage to your property. Your only recourse is to notify the neighbor via a traceable document (i.e. certified letter with return receipt) of the pending danger. This puts them on notice and they are responsible for future damage caused by the tree falling onto your property.
My neighbor had a dead tree fall onto their property from the property next door. End result: $1500 in damage and tree removal. Their insurance deductible was $2,000. Thet received no compensation from the neighbor or their own insurance company.
I agree Belmarin. (See the previous thread on city-data about neighbors tree falling).
A dead tree on my neighbors property fell on my house in the middle of the night. I lost power for 2 days and had significant damage to my roof, fence, etc. I had to pay the deductible amount on my insurance to cover damages.
My neighbors are wonderful and offered to pay my deductible - I declined. Funny thing - when a tree on my property fell on my other neighbors fence/deck and I offered to pay - they declined! Goes to show that what comes around does go around!
I recommend that if you have a concern talk to your neighbor. If they don't take action then take pictures of any dead/dying trees and send to your neighbor and insurance agent with your concerns - certified mail.
I agree Belmarin. (See the previous thread on city-data about neighbors tree falling).
A dead tree on my neighbors property fell on my house in the middle of the night. I lost power for 2 days and had significant damage to my roof, fence, etc. I had to pay the deductible amount on my insurance to cover damages.
My neighbors are wonderful and offered to pay my deductible - I declined. Funny thing - when a tree on my property fell on my other neighbors fence/deck and I offered to pay - they declined! Goes to show that what comes around does go around!
I recommend that if you have a concern talk to your neighbor. If they don't take action then take pictures of any dead/dying trees and send to your neighbor and insurance agent with your concerns - certified mail.
Property damage is easy to be civil about. I imagine it takes a different tenor if someone is seriously injured... They don't call falling branches "widow makers" for nothing...
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My neighbor had a dead tree fall onto their property from the property next door. End result: $1500 in damage and tree removal. Their insurance deductible was $2,000. Thet received no compensation from the neighbor or their own insurance company.
Then these people must not have tried to recover the damages. If the tree was dead and they can prove it (photos) then it was negligence on their neighbor's part and they are due recovery. If the neighbor refuses to pay they can sue them in NC court. Your insurance covers acts of god but a dead tree is not considered as such.
A dead tree is a danger and the property owner is negligent if they don't have it removed and liable for any damages it causes.
Charlotte NC law on next door neighbor's trees are over fence can I trim tree?
you can trim what is on your side of a property line, but it would be polite to warn your neighbor first.
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