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Old 06-15-2022, 07:08 PM
 
1,781 posts, read 1,207,041 times
Reputation: 4059

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In many states it is YOUR insurance that will pay if it falls on your stuff.
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Old 06-15-2022, 10:01 PM
 
Location: San Francisco Bay Area
7,709 posts, read 5,454,906 times
Reputation: 16239
Quote:
Originally Posted by Redflag71 View Post
They are not on my property until they fall down they are tall palm trees the trunks are rotting and leaning into my driveway
How do you know they are rotting? Brown tree bark does not mean they are rotting.
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Old 06-16-2022, 05:12 AM
 
6,360 posts, read 4,184,849 times
Reputation: 13064
Have an arborist take a look, they are knowledgeable and able to make an accurate assessment.

If the tress are likely to fall due to an issue that the arborist can identify, send a copy of his report by certified mail to your neighbor as well as a copy to your insurance carrier.

If your neighbor decides not to remove the trees and they fall on your property, your neighbor will then be legally responsible for all costs involved for any subsequent damage to your property and costs for the tree removal and cleanup.

This is the only way to legally protect yourself.
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Old 06-16-2022, 05:57 AM
 
Location: Virginia
10,093 posts, read 6,431,418 times
Reputation: 27660
Quote:
Originally Posted by Rickcin View Post
Have an arborist take a look, they are knowledgeable and able to make an accurate assessment.

If the tress are likely to fall due to an issue that the arborist can identify, send a copy of his report by certified mail to your neighbor as well as a copy to your insurance carrier.

If your neighbor decides not to remove the trees and they fall on your property, your neighbor will then be legally responsible for all costs involved for any subsequent damage to your property and costs for the tree removal and cleanup.

This is the only way to legally protect yourself.
This sounds like the most educated approach to take.
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Old 06-16-2022, 08:28 AM
 
6,806 posts, read 4,473,825 times
Reputation: 31230
Document all contact/conversations. Take photos. Take many, many photos.

Call your insurance company and let them know. It's possible they also insure your neighbor.
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Old 06-16-2022, 08:53 AM
 
15,796 posts, read 20,499,262 times
Reputation: 20974
In many states, if a tree falls onto your property and causes damages, you are responsible for handling it with your insurance company unless you can properly document that the tree was unhealthy and should be removed prior to it falling.

So it sounds like in this case you need to begin documenting and notifying the neighbor that their trees are at risk.
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Old 06-16-2022, 10:28 AM
 
Location: Somewhere in America
15,479 posts, read 15,621,161 times
Reputation: 28463
Quote:
Originally Posted by Redflag71 View Post
Where do I find this willing attorney? I have already tried with no luck.
You find an attorney and pay them to send a letter. They don't do it out of the goodness of their heart.
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Old 06-16-2022, 10:30 AM
 
Location: Somewhere in America
15,479 posts, read 15,621,161 times
Reputation: 28463
Have you had any palm tree experts out to look at them? You say they're rotting. Palm trees shed and need maintenance. It doesn't mean that they're rotting.
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Old 06-16-2022, 03:33 PM
 
17,534 posts, read 39,126,512 times
Reputation: 24289
Palm trees rot and fall over all the time. I am in Florida, lots of palms. One of my neighbors palms just up and keeled over last year into my yard. Fortunately we had not built our expensive pond yet. He took care of removing it and repairing our fence. Just a couple weeks ago another huge palm in the neighborhood snapped off. The dangers are real. I would have them inspected especially since they are threatening your property, OP.
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Old 06-16-2022, 07:28 PM
 
37,315 posts, read 59,862,293 times
Reputation: 25341
Quote:
Originally Posted by Redflag71 View Post
They are not on my property until they fall down they are tall palm trees the trunks are rotting and leaning into my driveway
Can’t you call the City about the danger of the trees and get the City to force homeowners to deal with issue?
Do you have an HOA for your neighborhoood?
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