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Old 10-22-2011, 07:13 PM
 
Location: Tampa
19 posts, read 139,394 times
Reputation: 23

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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=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, 07:31 PM
 
Location: NJ
17,573 posts, read 46,153,827 times
Reputation: 16279
Is the tree dead or dying? Is there any reason to believe it will fall?
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Old 10-22-2011, 07:40 PM
 
Location: Tampa
19 posts, read 139,394 times
Reputation: 23
no its not but if a bad storm came like hurricane it would fall!
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Old 10-22-2011, 07:49 PM
 
Location: under the beautiful Carolina blue
22,672 posts, read 36,810,996 times
Reputation: 19891
Yours, unless you send him a letter telling him that it's a disaster waiting to happen and you will expect him to take care of the tree should it fall, or pay to have it properly trimmed NOW. Send the letter certified.

I work in insurance and I used to have a co-worker that knew everything there was to know about insurance - seriously he was like an encyclopedia. He was in the same situation as you....and he sent that certified letter every year on the same date. If the tree caused any damage you would have proof that the tree is a potential hazzard and therefore you tried to be proactive about it's removal/trimming.
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Old 10-22-2011, 07:55 PM
 
Location: NJ
17,573 posts, read 46,153,827 times
Reputation: 16279
Quote:
Originally Posted by jamierenae View Post
no its not but if a bad storm came like hurricane it would fall!
I'm certainly no tree expert, but do you really think if a hurricane knocked the tree down it would now be knocked down in a different direction than before it was trimmed?
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Old 10-22-2011, 08:19 PM
 
Location: The Triad
34,092 posts, read 83,000,140 times
Reputation: 43666
Quote:
Originally Posted by twingles View Post
Yours, unless you send him a letter telling him that it's a disaster waiting to happen and you will expect him to take care of the tree should it fall, or pay to have it properly trimmed NOW. Send the letter certified.
^^This.
Unless the tree is diseased... then if/when it toppled over, in a storm or otherwise, that will be considered an act of nature and NOT the responsibility of your neighbor.

Put them on notice of the risk.
Unless they're complete jerks they'll fix it and still invite you over for drinks at their Christmas open house.
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Old 10-22-2011, 08:22 PM
 
Location: Mostly in my head
19,855 posts, read 65,841,371 times
Reputation: 19380
You can pay to have any part of it that is actually over your property trimmed back to the property line. Not sure if this would help much, but it is within your rights to do so.
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Old 10-23-2011, 06:22 PM
 
Location: Tampa
19 posts, read 139,394 times
Reputation: 23
thanks all
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Old 10-24-2011, 01:29 PM
 
Location: Brooklyn New York
18,476 posts, read 31,648,692 times
Reputation: 28013
My co-workes had a similar situation, the neighbor cut his branches on his side, during the winter with the ice, the tree fell on my co-workers house and the branches went THROUGH the house, and damaged a lot of stuff in the room. Luckily the room was a guest room and was not being used at the time, but the windows did break and there was a lot of damage.

Either talk to your neighbor or get someone to cut every branch that is on your side. trust me, you do not want a tree to fall on your house, or better yet through your house.
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