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Old 08-26-2023, 11:26 AM
 
Location: under the beautiful Carolina blue
22,679 posts, read 36,831,891 times
Reputation: 19917

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Send them a certified letter that you are putting them on notice of prior damage to your home due to their trees and their refusal to give access to mitigate future damages. Should more damage occur you will provide your insurer with photos of before and after along with a copy of the certified letter so that they can subrogate (use that word) against their insurer. The subro claim will be for damages plus your deductible that you had to pay. Start taking pictures and keep any comms you have. Send the letter once a year.

This is your only protection against them if they won't allow access.

If you cannot accress the tree from your property a reputable tree service may be able to, but generally it works better if the tree is on your property and access would help them remove it. We have tree hugger neighbors and we wanted a tree removed last month. Tree service needed access to their property to remove it easily even though it was our tree. Told tree service probably not gonna happen. They brought a crane, but that was a whole tree. THe idea that a tree removal company won't need access to your neighbor is possible, but not probable. Mind you this tree was a huge threat to their house but they genuinely do not care. They act like you're removing THEIR limbs.
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Old 08-26-2023, 11:29 AM
 
1,216 posts, read 541,926 times
Reputation: 2888
It's your problem - endangering your house - not sure why you wouldn't fix that before disaster occurs.
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Old 08-26-2023, 12:13 PM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,611,902 times
Reputation: 8687
Quote:
Originally Posted by twingles View Post
Send them a certified letter that you are putting them on notice of prior damage to your home due to their trees and their refusal to give access to mitigate future damages. Should more damage occur you will provide your insurer with photos of before and after along with a copy of the certified letter so that they can subrogate (use that word) against their insurer. The subro claim will be for damages plus your deductible that you had to pay. Start taking pictures and keep any comms you have. Send the letter once a year.

This is your only protection against them if they won't allow access.

If you cannot accress the tree from your property a reputable tree service may be able to, but generally it works better if the tree is on your property and access would help them remove it. We have tree hugger neighbors and we wanted a tree removed last month. Tree service needed access to their property to remove it easily even though it was our tree. Told tree service probably not gonna happen. They brought a crane, but that was a whole tree. THe idea that a tree removal company won't need access to your neighbor is possible, but not probable. Mind you this tree was a huge threat to their house but they genuinely do not care. They act like you're removing THEIR limbs.
If you're really going this route, might as well have a local atty draft the letter and send (you'll typically pay for 1 hour of time in my experience). CC the town on the letter. Someone will take action.

But - the lawyer likely wont even write the letter until you've gotten bids from tree services.
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Old 08-26-2023, 12:58 PM
 
Location: Great Neck, NY
61 posts, read 20,921 times
Reputation: 66
Quote:
Originally Posted by lauradrops View Post
We cut the neighbors tree limbs from our side of the property. The workers used ladders and ropes and didn't step onto the neighbors side at all. These were huge limbs that came across my driveway and over the roof of my house. A tree company will know how to do it.
They can't be cut without climbing the tree, which is on their property. I have had three tree companies here.
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Old 08-26-2023, 01:00 PM
 
Location: Great Neck, NY
61 posts, read 20,921 times
Reputation: 66
Quote:
Originally Posted by ShouldIMoveOrStayPut...? View Post
Yes, any good arborist/tree removal company will likely be able to remove these limbs, I've seen situations where the arborists actually put platforms on the roof they could stand on to access limbs. Did you have any company or service come out and look at the job/ give an estimate?

P.S. You'd better be sitting down when you hear the price quote. Any tree work no matter how simple is usually expensive, and the more risky/difficult/dangerous the job, the higher the price.
No, can't be accessed from the roof. The limbs are way too high. I have had three companies here already. I know all about the cost, but it's worth whatever it is to eliminate those limbs. It's still a lot cheaper than the cost of moving, which I am looking into. Better than being killed.
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Old 08-26-2023, 01:02 PM
 
Location: Great Neck, NY
61 posts, read 20,921 times
Reputation: 66
Quote:
Originally Posted by 1200RT View Post
Are you making that assumption or has an arborist told you that?
Not an assumption. The tree needs to be climbed. It is on their property, it is their tree. They will not give permission.
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Old 08-26-2023, 01:03 PM
 
Location: Great Neck, NY
61 posts, read 20,921 times
Reputation: 66
No, they do not have the equipment to access the tree. Therein lies the problem.
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Old 08-26-2023, 01:05 PM
 
Location: Great Neck, NY
61 posts, read 20,921 times
Reputation: 66
Quote:
Originally Posted by considerforamoment View Post
It's your problem - endangering your house - not sure why you wouldn't fix that before disaster occurs.
How would you suggest I do that when no one is allowed to climb the tree?
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Old 08-26-2023, 01:08 PM
 
2,686 posts, read 1,197,141 times
Reputation: 3408
I had a neighbor who had a tree right against the border of my house. That thing grew over my house and tilted right over my roof and it wasn't just a few limbs it was nearly half the damn tree. I went down a hill and took a picture of it showing how dangerous it was and how those huge branches would do considerable damage to my roof not to mention half the tree could kill us all if it ever fell on top of the roof. I gave him the pics with a brief request to please consider removing the tree. He cut the tree down to a stump and protected both of us doing this. Smart man that neighbor.

So I suggest taking pictures at the angles that show if it is dangerous. If it's not dangerous then just trim it on your side.
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Old 08-26-2023, 01:12 PM
 
Location: Great Neck, NY
61 posts, read 20,921 times
Reputation: 66
Three companies say it can not be done without climbing the tree.
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