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.
Depends on what state you live in. In NJ; if the tree falls on your house it is your homeowner's insurance that covers it. The only time the neigbor would be responsible is if they had knowledge of the tree's decay.
In my state(NC) if a neighbors tree falls on your home YOU or YOUR insurence pay to fix it UNLESS before the tree falls you send a registered letter to your neighbor telling them that the tree is in danger of falling (dead, leaning etc) on your home, then it is the owner of the trees problem to fix damage.
Your insurance pays...and then your insurance investigates if your neighbor has liability (rotten tree, etc.) at which point they go against your neighbor/neighbor's insurance. It is called subrogation...much like auto insurance.
I think the bottom line is notify your neighbor of a bad tree in their yard (in writing) I've read horror stories...but if you have proof that you tried to get a neighbor to take down a bad tree, that will help.
The tree is a gum tree. It's planted so that it drops all of its gumballs in my yard, making it impossible to mow. He had four trees planted along his boundary with the neighbor crosswise from me, and three of them have gotten blown over in straight-line winds so far this spring, one of them landing on his house. I've asked him repeatedly to cut his trees back (there is another, further along the boundary that is a pin oak and doesn't hang over my house) because the branches actually extend over my house, and when there are straight line winds my house get pummelled by debris from his trees. When I bought my house one of the first things I did was have someone come in and prune and top the four elms in my yard, and remove a couple of sick fruit trees. My neighbor moved in three years ago, and he's done nothing to care for the trees, he only mows once a month, and the refrigerator that's been sitting on his open deck for the past two years is evidently his idea of improving the yard. I guess I should send him a registered letter, but if he ignores it (which I'm sure he will) and the tree does fall on my house, my insurance will end up paying and my rates will get to go up. Yay!
Does your state not allow for you to trim the part of the tree that hangs over your property?
Exactly. If the branches are on your property; you should have the legal right to trim them back. Check to make sure the law is the same in your state.
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.
