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Old 05-20-2009, 11:33 AM
 
21 posts, read 98,976 times
Reputation: 35
Default Whose responsibility it is if our tree hits neighbor's house in a storm?

We have a big tree (not in great shape) in our yard that really starts to lean towards my neighbor's house, actually, it almost covers the 1/2 of that small one story house. The guy lives there is a very laid-back person who has not been in good mood since his wife passed away a while ago. I doubt he has yet noticed that the tree is hanging over his house which might not make it through another big hurricane like the one we had last Sept... If that happens, the tree will fall into his house...

Yesterday we had a tree cutting expert coming to give us an estimate on cutting several trees in the yard. We also mentioned this one, the guy said that according to law, if our tree leans toward my neighbor's house so obviously, it's the neighbor's responsibility to cut or trim the tree to prevent anything bad happens. So, he said we dont need to take care of that tree at all.

Does anyone know about this stuff? Thanks!

Last edited by neotextist; 05-20-2009 at 04:58 PM.. Reason: Moved from Houston.
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Old 05-20-2009, 11:37 AM
 
2,179 posts, read 4,414,240 times
Reputation: 983
If the tree is in your yard you are responsible. You could be sued if it falls and hurts someone. Thats what happened to our AG Greg Abott. He was running and a tree fell on him paralyzing him.
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Old 05-20-2009, 11:51 AM
 
40,871 posts, read 42,001,653 times
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If a tree falls in a storm ;the person that has the danmge is responsible as its considered a act of god, You can sue for anything tho. II had a neighbors tree fall in my yard and my insurance paid to have it removed 'no questions asked. kust make sure you have the right coverage if alot of tree as some general pooicies only pay oif it lands on insured property liike a fence etc.Its quite different than a tree falling from not maintaining it because of the weather cause which is a act of god under law.
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Old 05-20-2009, 12:01 PM
 
Location: Houston, Texas
1,546 posts, read 2,567,747 times
Reputation: 2423
I think you need to take care of the tree if you believe it can damage your neighbors home. It's the right thing to do!
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Old 05-20-2009, 12:11 PM
 
30 posts, read 83,936 times
Reputation: 29
there was a case like this on "judge alex" television show.. well what happened i think this is depending on the state you live.. anyway the one who owns the tree didnt pay anything because it is considered "act of God or nature" BUT the thing is if the owner knew it would fall during a hurricane.. if he knew it would fall then he is at fault..
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Old 05-20-2009, 01:13 PM
 
1,042 posts, read 1,844,197 times
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Remove the tree and save your self the worry! How would you feel if the same thing happened to you??Why put you and your neighbor thru the trouble and why risk that tree taking his life!
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Old 05-20-2009, 01:16 PM
 
Location: Fort Worth, Texas
10,592 posts, read 21,370,461 times
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Quote:
Originally Posted by topdowntx View Post
We have a big tree (not in great shape) in our yard that really starts to lean towards my neighbor's house, actually, it almost covers the 1/2 of that small one story house. The guy lives there is a very laid-back person who has not been in good mood since his wife passed away a while ago. I doubt he has yet noticed that the tree is hanging over his house which might not make it through another big hurricane like the one we had last Sept... If that happens, the tree will fall into his house...

Yesterday we had a tree cutting expert coming to give us an estimate on cutting several trees in the yard. We also mentioned this one, the guy said that according to law, if our tree leans toward my neighbor's house so obviously, it's the neighbor's responsibility to cut or trim the tree to prevent anything bad happens. So, he said we dont need to take care of that tree at all.

Does anyone know about this stuff? Thanks!
Thats what the rule is here in Florida unless the you have allowed the tree to die and not removed it.

Personally from a moral responsibiliyt, I think you should take the tree down yourself and not make this mans burden any worse then it already is.

During the hurricane season of 2004, my neighbor had the top of a tree (the size of my truck) snap off and end up in my driveway. Luckily my truck was in the gargage. Well they came and removed the tree, I hadn't even gotten my truck out of the garage and it was gone. Technically it was my responsibility but my neighbors are nice people. They had the house rented at the time and came and took care of this knowing it would be a HUGE burden to leave for me to take care of.
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Old 05-20-2009, 01:41 PM
 
Location: Southern England.
10,028 posts, read 5,658,215 times
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Well here I'm responsible for tree damage and having just got a small wood where the public can get to it I've had any suspect branches removed.
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Old 05-20-2009, 01:46 PM
 
694 posts, read 948,040 times
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1. If it's an act of god you are not responsible (unless it rotting, bad shape and they have proof).
2. If it just falls you are responsible.
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Old 05-20-2009, 01:46 PM
 
Location: Houston (Memorial) and Western NC
8,801 posts, read 14,372,567 times
Reputation: 3934
Be a good neighbor and cut down the tree. Once a roof has been damaged by a tree like that, the house is never the same. Kind of like when the frame on a car get bent after a wreck.
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