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While I can accept that stuff happens and a tree can fall, I have trouble with this particular instance. The fact that tree was so decayed that it's trunk is hollow enough to fit a small adult seems clear enough that my neighbor has some responsibility, if not all.
The reason I mentioned the first branch falling on another neighbors yard, is because, in my mind, that should have been clear indication that the tree was unhealthy and posed a risk.
I spoke to my insurer and they weren't to helpful, but I will reach out to them again. I have no interest in claiming against my insurer because the consequences would be adverse given the costs I would like to recoup.
No, there's no recourse unless you knew the tree was dead or in bad shape and notified your neighbor of same. You can win that case, but with no prior notice from you or anyone else that something was wrong with the tree, you're out of luck.
ok. I suspected as much and this is good information going forward. I thought the tree was in bad shape and
had I known I would have taken this action.
I've been on both sides of this and it's worked the same way. The person with the damage makes the claim for repairs. It stinks when you have to do all the work. So when my tree fell in my neighbor's yard this summer, I paid someone to cut it up, haul it away, and fix his fence. We just kept insurance out of it since there was no damage to his house, we were friendly neighbors, and it wasn't that big of a tree.
There was zero indication of issues prior to it falling too. If there had been, I would have taken care of it. I didn't want to be "that" neighbor when a storm comes and everyone who lives within striking distance of an obviously diseased tree is worried about it falling.
I'm in Raleigh. About a month ago a large branch from my neighbors tree fell in his neighbors yard<>Last week, it was my turn as the remain trunk gave way and the tree fell into my yard<>
ok. I suspected as much and this is good information going forward. I thought the tree was in bad shape and
had I known I would have taken this action.
Thanks everyone for your responses.
In the future, put it in writing. To the homeowner, the HOA, the town, whatever. That way, if the tree falls, you'll go through your homeowners but they will have a better shot at surrogating against the other homeowner.
When we lived in NY I sent a letter to the village where we lived every year about the tree in front of my house. It was top heavy and leaned toward my house. They sent an arborist every year and said it was fine. We moved, Sandy happened and half the trees in the village came down but not that one, but the village removed it 6 months later.
Your insurance would cover such issues. Falling trees or their limbs are had to attach culpability to your neighbour, even if they did know that its condition was precarious. You really need to take pictures and bring it to their attention via certified mail but, at the end of the d ay, you cant force them to remove it
This happened to me when the wind snapped the top off of one of my trees and did slight damage to my neighbor's gutter and fascia board. I called my insurance company to come take a look and assess damage thinking I had to pay. It was a quick phone call.....was told that it was not my liability and it fell under the neighbor's insurance to pay for the damage /repairs.
I thought the rule of thumb was, if the tree was dead, it's the land owners fault where the tree stood. If the tree was alive, it's bad luck and the homeowner who incurred the damage is responsible. It's pretty easy to tell if the tree was dead.
If it was me, I would call my homeowners and make a claim and let them figure out how to be made whole.
I thought the rule of thumb was, if the tree was dead, it's the land owners fault where the tree stood. If the tree was alive, it's bad luck and the homeowner who incurred the damage is responsible. It's pretty easy to tell if the tree was dead.
If it was me, I would call my homeowners and make a claim and let them figure out how to be made whole.
alive or dead doesn't make any difference
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