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Old 12-16-2009, 09:08 AM
 
2,919 posts, read 5,803,781 times
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Just found out that if my neighbor tree falls on my house..I am responsible and liable for all cleanup of the tree as well as the deductible. How wrong is that..If the tree on their land.. you would think the other homeowner would be responsible. Need advice on what to do next and how to proceed.
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Old 12-16-2009, 09:29 AM
 
4,010 posts, read 10,206,729 times
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If the neighbor's tree is dead or dying, then they are deemed negligent and are responsible for all damages caused by falling. If a storm blows down an otherwise healthy tree then it is deemed an act of God and each homeowner is responsible for cleaning up and repairing their own property.
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Old 12-16-2009, 09:29 AM
 
3,320 posts, read 5,565,977 times
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There was a recent thread on this but you are correct. Unless you can prove negligence you are responsible. I had the same thing happen about 5 years ago - I had to pay my insurance deductible ($1000) plus lost 2 days of work at home with no power. Not to mention all the time spent getting the roof fixed.
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Old 12-16-2009, 12:28 PM
 
Location: Huntersville
1,852 posts, read 5,218,076 times
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Quote:
Originally Posted by lumbollo View Post
If the neighbor's tree is dead or dying, then they are deemed negligent and are responsible for all damages caused by falling. If a storm blows down an otherwise healthy tree then it is deemed an act of God and each homeowner is responsible for cleaning up and repairing their own property.
yep yep! Had this issue with a cactus.. Now replacing a 30 ft tall multi armed Saguaro cactus was fun.
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Old 12-16-2009, 03:30 PM
 
Location: Lake Wylie, SC
622 posts, read 1,781,982 times
Reputation: 478
I have a neighbor with a 30 foot dead tree in their yard and notified them in writing and also notified the HOA regarding the issue. It is my understanding that if it causes damage to my property, the neighbor is liable due to the fact that they were notified of the situation. Unfortunately, this will not help you in your current situation.
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Old 12-16-2009, 03:56 PM
 
3,774 posts, read 8,191,456 times
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Quote:
Originally Posted by Belmarin View Post
I have a neighbor with a 30 foot dead tree in their yard and notified them in writing and also notified the HOA regarding the issue. It is my understanding that if it causes damage to my property, the neighbor is liable due to the fact that they were notified of the situation. Unfortunately, this will not help you in your current situation.
I'd make sure to notify the property owner in the form of a certified letter... then there's no out.
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Old 12-16-2009, 07:38 PM
 
Location: Lake Wylie, SC
622 posts, read 1,781,982 times
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Originally Posted by Native_Son View Post
I'd make sure to notify the property owner in the form of a certified letter... then there's no out.
Been there. Done that.
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Old 12-17-2009, 07:47 AM
 
Location: NE Charlotte, NC (University City)
1,894 posts, read 6,462,346 times
Reputation: 1049
I've never personally been in this situation, but I've always heard (you know those "heard" stories) that if a neighbor's tree is leaning over your property line, you have the right to either trim it back and/or send a certified letter to them asking that they take responsibility and trim it or remove it.

Of course, there's always the neighborly thing to do (assuming everyone is friends) and just talk about it. If you w3ant to get serious about it, write up a letter stating how you two plan to handle it if the tree falls and causes damage, then sign it under notary.
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Old 12-17-2009, 07:51 AM
 
3,774 posts, read 8,191,456 times
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Originally Posted by Belmarin View Post
Been there. Done that.

no need to be snooty... just trying to help. The information is for everybody, not just you.
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Old 12-17-2009, 07:57 AM
 
Location: Lake Wylie, SC
622 posts, read 1,781,982 times
Reputation: 478
Quote:
Originally Posted by Native_Son View Post
no need to be snooty... just trying to help. The information is for everybody, not just you.
I'm sorry that you took my reply that way. It was intended as agreeing with you that this is the proper route to take.
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