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Old 10-22-2011, 06:58 PM
 
Location: Tampa
19 posts, read 51,126 times
Reputation: 20
Default Neighbors Tree falling on MY house??? who pays

[SIZE=3]have a question. I have a neighbor that cut his tree in a way that it leans more towards my property. He cut off all the big branches on his side so most are hanging on my side and its leaning towards my property.[/SIZE]
[SIZE=3]What would happen if a big storm came and his tree would fall on MY HOUSE? Whose insurance will cover or has to cover that?[/SIZE]
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Old 10-22-2011, 07:51 PM
 
5,152 posts, read 5,070,258 times
Reputation: 5134
yours.
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Old 10-22-2011, 07:54 PM
 
3,457 posts, read 2,929,377 times
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If his tree falls on your house, your insurance would pay for any damage. You would be responsible for any deductible in your policy.

If the tree falls in the yard and doesn't land on any buildings or structures, then it is entirely possible that no insurance would pay. Some policies may
pay $ 500-1000 for tree removal. Many don't ( read your policy). And removing a large tree can cost thousands.

If a neighbor's tree falls on your car, then the comprehensive portion of your auto insurance should pay.

That said, your insurance company would usually try to recover / recoup its costs by going after the neighbor's insurance company in a process known as subrogation. If they are successful, they then might reimburse you for the deductible you had to pay . This might be especially successful if it can be proven that the tree was diseased or poorly maintained.

With that though tin mind, it might be a good idea to take pictures of the neighbor's tree and send him a certified letter to discuss your concern's over the tree. Send copies of letter and photos to your insurance company and keep copies for your own files for future reference.
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Old 10-23-2011, 05:36 PM
 
15,457 posts, read 20,242,535 times
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Quote:
Originally Posted by jamierenae View Post
[SIZE=3]have a question. I have a neighbor that cut his tree in a way that it leans more towards my property. He cut off all the big branches on his side so most are hanging on my side and its leaning towards my property.[/SIZE]
[SIZE=3]What would happen if a big storm came and his tree would fall on MY HOUSE? Whose insurance will cover or has to cover that?[/SIZE]
First sent him a certified letter to point out your concern and make pictures and keep a time line of when and what you have done to point out your concern.

I don't agree that you have to pay in case it is as you describe. If your neighbor is causing the tree to have the balance towards your property and it is the cause for minor wind to push the tree over and cause you to have damage than he is liable, if that is not the case than your insurance will need to pay and you lose your deductible.

I do have to mention that on a road that I use many times a week there is a huge tree that is trimmed by the County and leans towards the road and looks like it could fall over the way it has been trimmed and growing, but it is there for years and nothing has happened during all the storms. The tree seems to be decades old....
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Old 10-23-2011, 07:26 PM
 
Location: Tampa, FL
3,238 posts, read 1,829,035 times
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You pay... good luck
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Old 10-23-2011, 07:34 PM
 
1,595 posts, read 1,099,575 times
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What? I thought sure the neighbor who has the tree has to send it in to his/her Homeowners Insurance for payment. But if the tree falls on the house because it got uprooted during a storm then your Homeowners Insurance pays.

So, I think it depends on the circumstances that led to the tree falling on the house. I would take pictures to show my Homeowners Insurance Agent and ask what if just to be sure.

You could take the pics and not tell your neighbor then go to him/her personally and politely request he cut it down so it doesn't fall on your house.
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Old 10-25-2011, 03:36 PM
 
Location: Clearwater
39 posts, read 71,508 times
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We had some tree trimming done recently and were told that you can cut anything on your property, even if it's not your tree. So, maybe cut the crap off your house? It doesn't have to look pretty!
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Old 10-25-2011, 04:12 PM
 
1,595 posts, read 1,099,575 times
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Quote:
Originally Posted by GreenieTA View Post
We had some tree trimming done recently and were told that you can cut anything on your property, even if it's not your tree. So, maybe cut the crap off your house? It doesn't have to look pretty!

What if the OP can't do it themself or afford to pay someone to. Why I check to make sure some azzhat doesn't have a hugh tree near my property line. Which worked out well until she moved out and I ended up witth a neighbor who thinks he lives in the sticks. The neighbor behind him ripped out all the weeds, shrubs and every thing, literally anything that grew on the fence. He did it because he got sick of going broke paying the landscaper to keep trimming his side.
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Old 10-25-2011, 04:30 PM
 
15,457 posts, read 20,242,535 times
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You are allowed to trim anything that hangs over your property line. An act of God like if your neighbors tree falls down on your house after a storm only counts if it is a healthy tree. If the tree has lots of dead branches and you have proof you asked the neighbor (in order to have proof you need it in writing) to trim the dead branches and if he doesn't do that, the judge can order in your favor since it was due to negligence.

I saw a couple of court cases about similar situations and in all cases the one with proof won, but with no proof of dead branches, etc.. the judge ruled in favor of the tree owner as an "act of God"...a picture after a storm is hard to proof that the branches were dead upfront...
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Old 10-25-2011, 04:43 PM
 
13,544 posts, read 22,420,220 times
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I agree you can cut the limbs that are on/over your property. If the tree is on the property line then you both would have to agree to cut it down.

The city/county often cut limbs to the extreme
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