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Old 07-11-2012, 10:27 PM
 
61 posts, read 217,937 times
Reputation: 57

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I'm asking this in a local forum because it is my impression that these matters are often based on local regulations. Our neighbor purchases the house next door about 5 years ago. There is a large cottonwood on their property that is in really poor shape. It is tall, dead and rotten about ½ up with a few green branches. A large branch split off into their yard a year or so ago.

They had previously mentioned they needed to get quotes to have it removed (e recognize it is a potential problem), but have not done anything with it, and are now renting out the house. I’m concerned that when it does fall it could easily take out our fence, deck, and a portion of our house. It is not able to reach their house and less of a danger to their property. It’s a low priority for them, but I’m curious as to what our rights and obligations are? Should we notify them in writing that the tree is damaged/sick and appears to be in danger of falling so that when it does fall we have some sort of recourse? Our deductible is $2500 and I would rather not have the hassle of repairing/paying the deductible if it is avoidable, but it’s also not our tree and not really something we can remove…
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Old 07-11-2012, 11:11 PM
 
Location: El Dorado Hills, CA
3,720 posts, read 9,951,396 times
Reputation: 3927
Every situation is different. I have a friend whose neighbor's oak tree fell on their roof. The neighbor's insurance reluctantly paid for the repairs but it took a while to work it out. I'm not a lawyer, but I think you would have a case to get the neighbor to compensate you for damages. Anyone else?

And yes, take pictures and send a letter. Keep copies.
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Old 07-12-2012, 06:21 AM
 
Location: Sacramento, Placerville
2,511 posts, read 6,262,449 times
Reputation: 2259
If the tree is entirely on their property you can call code enforcement and tell them you are concerned about a hazard.

If the tree is on the property line both parties share responsibility for taking care of the problem.
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