Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
So my neighbor comes over to me because a dead tree snapped at the base and is leaning towards our property. It is a relatively thin, very long tree, caught on another thin tree.
She wants to have our other neighbor and good friend, who used to be a tree professional cut it down. He is not currently bonded or insured for that kind of work. But she doesn't want him or she or her husband to be liable if it damages something on our yard. It appears that it will just fall against our trees, but due to the unpredictable way it is held, it might slide sideways and could potentially fall against our shed or house or deck.
I think she wants us to pay for a professional if that is what we want, or sign something saying they are not liable if something goes wrong with the neighbor plan.
1. I don't want to get in trouble with our insurance by signing something that could complicate things
2. I don't want my kids or anyone to get hurt if that thing falls unexpectedly. I'm going to keep us all out of the back yard but I do think it should be taken care of and not left to nature.
3. Not sure I think we should be responsible for any costs ... the tree is on their property. But we would likely help depending on how much an insured professional costs.
4. I don't want to agree to our neighbors taking care of it, the darned thing sliding on top of one of them, and us sharing responsibility for medical bills for someone not insured to do the work.
I don't think the safe course is to let it fall when it falls and make a claim then though.
My only idea so far is to call our insurance company and ask what they think we should do. But being Sunday, our agent's office is closed. And the national number is experiencing technical difficulties, sigh. And I want to get a few quotes from bonded, insured types. I can tell our neighbor wants to just go with her friend taking care of it, with us saying somehow that they aren't liable. She is concerned about leaving it up as long as it would take to get the quotes and such going and wants to take the thing down today.
Thoughts from folks who have been in similar situations? Not asking for legal advice of course, just experience or knowledge.
We had a tree from our yard get taken up by a huge wind and fall against the neighbor's roof.
We called our insurance company and was told that this was an "Act of God" and therefore, we were not responsible. Our neighbor called his insurance company and was told the same thing. Neighbor's insurance covered his roof. However, neighbor did have to meet his deductible and although we were not responsible, we did offer to pay l/2 of his deductible.
Insurance company told us that if the tree were rotted or leaning and we had done nothing, we would have been responsible.
So, being that this tree has broken and you and your neighbor know it, if something does happen, I wonder if his insurance company would cover that.
I'd want the neighbor to go ahead and take care of it.
What she WANTS doesn't really matter. She has indicated to you that the tree is a hazard. Get a couple independent witnesses, go over and say that since it is a hazard, you would appreciate it being removed. HOW she does it is up to her, but you cannot sign any papers or agree to absolving her of liability if it is done incorrectly.
If the guy was certified and is retired, her chances of the job going awry are slim. I wouldn't make any comment one way or the other as to what she could do.
What she WANTS doesn't really matter. She has indicated to you that the tree is a hazard. Get a couple independent witnesses, go over and say that since it is a hazard, you would appreciate it being removed. HOW she does it is up to her, but you cannot sign any papers or agree to absolving her of liability if it is done incorrectly.
If the guy was certified and is retired, her chances of the job going awry are slim. I wouldn't make any comment one way or the other as to what she could do.
I agree with Harry. They are responsible for a tree on their property. How they remove it is their problem, but I wouldn't sign anything.
I agree with Harry. They are responsible for a tree on their property. How they remove it is their problem, but I wouldn't sign anything.
Having had nearly the same situation happen on our property, Peppermint and Harry are giving you the right advice. This is not your problem in the sense of liability. It IS your neighbor's problem. Do not sign a thing as you have no reason to "sign away" your rights in this situation, as the tree is NOT yours and the liability is NOT yours - it is your neighbor's.
Insurance policies vary and also - laws vary from state to state. We had a tornado come thru/ our property 6 years ago, and our insurance did not pay for any of the tree removal but we were told if limbs had damaged our roof, they would have paid. It cost us over $6000 out of pocket to clean up the damaged trees. One tree was huge and the damage indicated it could possibly at some time fall towards our neighbor's house and our insurance agent said - NOPE, if it hit their home, our insurance would not pay. We would be on our own, as the neighbor had identified it as a problem, we were aware of it, it occurred during the tornado . . . and so . . . no insurance payment if it fell. This was all very confusing. But our neighbor flat out told us that if it fell on his house, he would sue us - so we had to pay for a crane to come in and take it down. Better that than end up with thousands of dollars to settle a lawsuit at some future date. Our neighbors did not offer to pay a penny and we would never have expected them to help pay for the removal, since it was our tree, and on our property.
PS> Just sounds to me your neighbor is trying to find a cheap way to remove the tree and trying to cover his/her arse on liability in case soemthing goes wrong and it hits your house/roof/car/patio/whatever. If that DOES happen, you can sue them regardless of insurance. So don't SIGN A THING. It isn't your problem - not at this stage! It is your neighbor's problem. It will only become your problem if that tree damages your property.
All states are different but normally if a neighbor's tree falls into your yard you are responsible for any damages & need to contact your homeowner's ins. company. However, if the tree was "in bad shape" (dead or dying), & it fell into your yard, the neighbor would be responsible for damages.
Don't sign anything unless you are the originator of the document.
Laws concerning this topic vary from state to state. Insurance companies' policy language also varies greatly throughout the insurance industry.
Our experience is based upon disaster recovery efforts from several thousand customer claims with almost all the major insurance companies over the past 30 years.
If you or your neighbor has what is commonly called a "D" tree (dead, damaged, diseased, dying, downed), then the owner of the tree has responsibility for that tree.
It sounds like in your situation that it has already been determined that your neighbor's tree is actually a "D" tree, then common courtesy dictates that you inform them of your concern of the potential damage or injury that their tree could cause to you or your family. If after a reasonable time (you decide what is reasonable), follow up with a brief letter that describes your concern and the day and time that you had the original conversation. Send this letter registered mail, return receipt requested, and file the receipt in your records clipped to your insurance policy.
Should the tree in question cause future damage or injury, YOUR insurance company should cover your loss and restore your property to its original condition based upon the limits and specifications of your policy. When you produce your documentation, your insurance company MAY decide to seek reimbursement from your neighbor's insurance company if the effort would justify the effort and expense. If your insurance can prove your neighbor's negligence and THEY prevail in court, you MAY be refunded any deductible that you paid for the loss and they MAY, at their discretion, change the category for this claim in your file so it is not charged against your insurance history.
Every situation is different, as are coverages and the interpretations of the companies involved. It is ALWAYS best for the responsible party to take the appropriate action to attend to the health of the tree, cable the tree if necessary, fertilize and maintain the root system of the tree, or as a last resort, pay for its safe removal by an insured professional.
In cases where the ownership of a "D" tree was in question, some folks hire a surveyor to make a determination of tree ownership based upon property boundaries or just agree to share the removal cost and maintain their friendship.
Another situation involves only branches that overhang the property line and break that invisible "barrier" that extends from your property line into outer space. Portions of a tree that encroach over this boundary are your property and you may do with them as you please. Just make sure that if you are having conflict with a neighbor that you do not trespass by encroaching onto their property without their permission during your branch trimming activity.
Again, I caution folks in this situation to seek an amicable resolution and don't go whacking off the branches of your neighbor's tree without that friendly conversation or professional advice as to how your pruning or thinning may affect the life of the tree.
In your situation, you have every right to be concerned about the safety of your property and your family from what sounds like a dangerous leaning tree.
Can you tell that we REALLY like trees and enjoy caring for them?
I wouldn't sign anything and would call my township first thing Monday morning and tell them about it. My guess is there is some kind of ordinance or code where they have to get it taken care of.
As far as insurance goes, since they know the tree is in danger of coming down on your house, their insurance is now responsible for any damage they may do in the process of cutting the tree down or if the wind now blows the tree over. Just hang on to anything she may give you to sign and go take DATED pictures of the tree now.
Even if there is an issue, your insurance will cover it and then go after THEIR insurance. Just DO NOT SIGN ANYTHING.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Tree Conflict with a Neighbor
