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Old 11-08-2012, 01:22 PM
 
91 posts, read 177,159 times
Reputation: 125

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quote=mambwe: I had a tree fall on my house thanks to this lovely nor'easter. The tree is my neighbors and I'm wondering what the etiquette is when having it taken down. I plan on going to talk to them in a little bit. Should they be the ones taking it down?? I'd like them to pay for the whole thig since it is their tree. What can I expect? Has this happened to anyone in the recent storms?


This happened to me several years ago the neighbors were totally uncooperative. In the end I called my insurance company and they said this is considered an act of god and no one party has any real responsibility. It is not as if your neghbor was cutting the tree down and it hit your house that is a totally different story. Good luck.
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Old 11-12-2012, 11:05 AM
 
520 posts, read 1,653,410 times
Reputation: 293
Well I was about report that you were wrong and that there are still great neighbors out there. My neighbors finally came home after staying away because we didnt get power back until yesterday. I was going to cut the tree down a couple days ago but everyone said I have to talk to them first because it is their tree. Well, yesterday they said the would call a tree company to cut it down. I was super happy that I didn't have to cut it Dow and that there are still decent people out there.

This morning they come to my house and tell my wife that they aren't responsible for the tree and will split the cost of having it cut down. This might be some legal bull****, but it is their tree and people should have some morals. I would never expect someone to pay for my tree if it fell on their house. So tomorrow I will cut the tree down and put everything I cut on their property so they can discard it.

It totally pisses me off that people think this is acceptable. Why should I have to pay for their tree. Complete crap.
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Old 11-12-2012, 11:18 AM
 
1,963 posts, read 4,245,633 times
Reputation: 1142
Quote:
Originally Posted by mambwe View Post
Well I was about report that you were wrong and that there are still great neighbors out there. My neighbors finally came home after staying away because we didnt get power back until yesterday. I was going to cut the tree down a couple days ago but everyone said I have to talk to them first because it is their tree. Well, yesterday they said the would call a tree company to cut it down. I was super happy that I didn't have to cut it Dow and that there are still decent people out there.

This morning they come to my house and tell my wife that they aren't responsible for the tree and will split the cost of having it cut down. This might be some legal bull****, but it is their tree and people should have some morals. I would never expect someone to pay for my tree if it fell on their house. So tomorrow I will cut the tree down and put everything I cut on their property so they can discard it.

It totally pisses me off that people think this is acceptable. Why should I have to pay for their tree. Complete crap.
I think the fact that they are splitting the cost with you is pretty fair.
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Old 11-12-2012, 11:24 AM
 
140 posts, read 214,446 times
Reputation: 120
Quote:
Originally Posted by mambwe View Post
Well I was about report that you were wrong and that there are still great neighbors out there. My neighbors finally came home after staying away because we didnt get power back until yesterday. I was going to cut the tree down a couple days ago but everyone said I have to talk to them first because it is their tree. Well, yesterday they said the would call a tree company to cut it down. I was super happy that I didn't have to cut it Dow and that there are still decent people out there.

This morning they come to my house and tell my wife that they aren't responsible for the tree and will split the cost of having it cut down. This might be some legal bull****, but it is their tree and people should have some morals. I would never expect someone to pay for my tree if it fell on their house. So tomorrow I will cut the tree down and put everything I cut on their property so they can discard it.

It totally pisses me off that people think this is acceptable. Why should I have to pay for their tree. Complete crap.
Splitting it is lucky for u. It's everyones tree, its nature tree. It could have been providing benefits for you like shade, lower electric bills, something nice to look at. You didn't have a problem with it when u bouht you home.
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Old 11-12-2012, 11:39 AM
 
520 posts, read 1,653,410 times
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Quote:
Originally Posted by geo631 View Post
Splitting it is lucky for u. It's everyones tree, its nature tree. It could have been providing benefits for you like shade, lower electric bills, something nice to look at. You didn't have a problem with it when u bouht you home.
Wow, another gem from the forum members at city data!!

Who buys/doesn't buy a house based on a tree not in your backyard?? Of course I didn't have a problem with it. It was in their yard. And if it was still in their yard I wouldn't have a problem. When it's on my house I have a problem.

When you cut a tree down do you ask everyone in the neighborhood to cut it down?? No you don't. Want to know why? Because its your tree.
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Old 11-12-2012, 11:40 AM
 
5,518 posts, read 7,109,883 times
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I have a similiar situation. The neighbor behind me has a mature oak tree that leans over my property by a good 30'.
I fear it will fall on my house during a storm. (and I'm surprised it didn't come down during Sandy). My insurance company told me to send my neighbors a certified letter expressing my concerns and offer to partially pay to have it removed.

If he does nothing and the tree comes down in a storm and damages my house then my insurance company can go after theirs.
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Old 11-12-2012, 11:46 AM
 
Location: Planet Earth
1,474 posts, read 3,057,924 times
Reputation: 1505
Quote:
Originally Posted by mambwe View Post
Well I was about report that you were wrong and that there are still great neighbors out there. My neighbors finally came home after staying away because we didnt get power back until yesterday. I was going to cut the tree down a couple days ago but everyone said I have to talk to them first because it is their tree. Well, yesterday they said the would call a tree company to cut it down. I was super happy that I didn't have to cut it Dow and that there are still decent people out there.

This morning they come to my house and tell my wife that they aren't responsible for the tree and will split the cost of having it cut down. This might be some legal bull****, but it is their tree and people should have some morals. I would never expect someone to pay for my tree if it fell on their house. So tomorrow I will cut the tree down and put everything I cut on their property so they can discard it.

It totally pisses me off that people think this is acceptable. Why should I have to pay for their tree. Complete crap.
You're clueless. They have zero responsibility and the fact they were willing to split it with you is more than they have to. You are the bad neighbor.
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Old 11-12-2012, 11:50 AM
 
Location: Mid-Atlantic east coast
7,126 posts, read 12,667,756 times
Reputation: 16127
We had a tree of the neighbors fall into our yard last year during a hurricane. They offered to split the cost of removal with us--or share the cost and labor of renting a chainsaw to cut it up and help haul the pieces to the curb for the town to haul away..

We felt this was fair of them after we researched the law. Their tree, true, but when it falls onto your property, it becomes 100% your responsibility to pay for its removal. Had their tree damaged your house, it would be your insurance company's responsibility to pay for the damage to your house.

Seems counter-intuitive, doesn't it? On the other hand, if one of our trees fell onto a neighbor's property/house, they would be responsible for its removal and their insurance company would pay for any damage...but like them, we would likely offer to pay for half in order to be good neighbors.
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Old 11-12-2012, 11:53 AM
 
520 posts, read 1,653,410 times
Reputation: 293
They have zero responsibility according to who?? Obviously you're the terrible neighbor if you have no problem leaving a tree on your neighbors house. I would say I'm glad you dot live next to me, but my neighbors are doing the same thing you would do to yours. If my tree fell on their house I wouldn't even think of asking them to pay for it. The roots are still in their yard.

That's the problem. No one has a clue how to be a decent neighbor. Everyone is out for themselves. Who says its not their responsibility? Their insurance company? Who? Who states that? All I know is that a decent person wouldn't expect their neighbor to pay to remove a tree that may have done damage to my house. In addition to paying the tree removal I have to pay my deductible if there is damage ? That crap. Take responsibility.
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Old 11-12-2012, 12:00 PM
 
520 posts, read 1,653,410 times
Reputation: 293
And I understand the law may say its my responsibility, but I would think being a good neighbor should come first. In this case the law doesn't need to be followed. I could never say "sorry my tree fell on your house and possible damaged it. But look on the bright side I'll pay for half so it will only cost you $500+."

It's not like a tree broke off and is completely on my property. The roots are still in the ground in their backyard behind their broken fence.
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