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Old 02-16-2010, 12:57 PM
 
25 posts, read 75,968 times
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For those who have dealt with this in the past, how does this generally play out with your neighbor? I had a neighbor's long dead pine tree fall in my yard yesterday. Didn't damage anything, and luckily didn't fall on me. I was in my yard when it happened. I plan to send a letter asking him to pay for it's removal, and to remove another dead pine tree that is threatening my property. I'm trying to be as non-threatening as possible, because I don't want to start a battle. Any tips?
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Old 02-16-2010, 01:06 PM
 
Location: in the bushes. I can see you!!
3,377 posts, read 3,897,578 times
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My neighbor left some deadwood standing near his rear property line that I readily observed as a hazard to my outbuilding. I sent him a certified letter about it indicating my concerns. He had it removed wihin the month.

If you don't say anything BEFORE it falls you are probably S.O.L.
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Old 02-16-2010, 02:18 PM
 
Location: Charlotte, NC
1,599 posts, read 1,863,831 times
Reputation: 2316
I would go over and talk to the neighbor first. I would much prefer to discuss something like this first instead of getting a letter from my neighbor! I don't think the law would require the neighbor to pay to remove the tree so I would ask them if they would be willing to split the cost with you - maybe the two of you could work together.

Years ago when a neighbors tree fell on my house my insurance (less my deductable) paid. A few months later one of my trees fell across the fence into my others neighbors yard. They were wonderful about it and would not allow me to pay a dime for removal. What goes around - comes around.
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Old 02-17-2010, 09:37 PM
 
7 posts, read 18,586 times
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I have to comment on this topic. I live in Florida, and our neighbor's tree fell during
a hurricane landing in the bottom of our swimming pool smashing our pool screen enclosure. Our neighbor had just heard that he would not be responsible for any expenses since it was an act of God. He also did not offer to pay us a penny. We
tried to file a claim with our homeowners insurance, but the total cost had to be greater than 5% of the value of our house since that was in our hurricane coverage.
It was not, and we ended up paying 100% of the cost out of our own pocket.
We now have sent him a certified letter stating our concern about a couple of his trees that could cause damage to our house in the future. We are hoping with this certified letter, that he will have to pay the cost if this ever happens again.
It does not seem fair or just that we had to pay the full cost while our neighbor paid nothing. The neighborly thing to do would have been for him to at least pay 50% of the cost. We had a tree fall into our other neighbor's yard, but no damage.
We paid 100% of having the tree removed. At least we try to be good neighbors.
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Old 06-14-2010, 04:49 PM
 
Location: Charlotte
7 posts, read 11,443 times
Reputation: 12
that is insane... so messed up~
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Old 06-14-2010, 05:57 PM
 
67 posts, read 89,441 times
Reputation: 25
Quote:
Originally Posted by lumbollo View Post
The rule is this. If the tree falls due to an act of God, i.e. bad weather caused an otherwise healthy looking tree to fall, then everyone pays for their own damage.

If the tree was dead or or fell due to some reason the guy who owns the tree neglected to fix, then he must pay for all damage.


maybe you can help JACKOBERLE with their question "quit claim deed question"
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Old 06-14-2010, 07:08 PM
 
3,073 posts, read 4,396,428 times
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My neighbor was cutting limbs from a tree behind my house. The tree doesnt belong to him but to the owners of the house behind me which is for sale. Well he let a large linb fall and crushed my fence, Do I call my insurance company or do I ask him to call his or do I get an estimate and give him the bill? thanks
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Old 06-14-2010, 07:55 PM
 
Location: Charlotte, NC
1,599 posts, read 1,863,831 times
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Did he come to you and admit he damaged your fence? Can you prove he did it? I would discuss this with the neighbor before I did anything. Maybe he plans on fixing it.

I doubt his insurance company would pay anything. I suppose you could file it on your insurance - it would depend on your deductible if it would be worth it.
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Old 08-09-2010, 08:14 PM
 
1 posts, read 3,152 times
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Eagle318 should have better insurance coverage. The greater than 5% rule makes it virtually impossible to collect. Your neighbor was no more negligent for having trees near your pool than you are for having a pool near his trees. Your policy should be reviewed and agent fired.
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Old 08-10-2010, 05:37 AM
 
Location: Charlotte (Sedgefield)
22 posts, read 44,101 times
Reputation: 29
I had an issue related to this a few months ago. A branch from a neighbor's tree was hanging over my driveway and fell on my car. It was a nice sunny day so it wasn't an act of god; the branch was dead. My insurance has tried to collect the deductable from his insurance but it hasn't happened yet. So I'm out $500.

Someone I was talking to pointed out that my insurance company doesn't really have anything to gain by spending time/money to get my deductable back from my neighbor. They've already collected as much money as they can out of the deal.

The moral of the story I guess is stuff happens.
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