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BaroqueMama
Chase is one!
Member since 5/05 27530 total posts
Name:
me
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If a neighbor's tree falls on your property...
OK, I have a question. Our neighbor behind us has a big, old tree that is right up against his fence and hangs over a little onto our property, but not much. The last snow storm, a huge limb from it broke off, was still attached, but fell on our garage. It wasn't just branches, it was a huge limb that covered half our garage roof. Who is responsible for removing that? Us or them? It hadn't been hanging over our property at all, it fell with the winds and the weight of the snow and ice.
My husband and our neighbor to our right felt that it was the neighbor behind us who should have at least offered to cut it down. So much so that when our neighbor next door saw the guy behind us, he said something like, "Are you gonna take care of that tree?" and he said no. So, my husband and next door neighbor climbed up on the roof and chainsawed it apart and took it down.
With the winds today, it just had me thinking, who really is responsible?
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Posted 3/13/10 1:03 PM  |
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Prudential Douglas Elliman Real Estate
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Re: If a neighbor's tree falls on your property...
If the tree is on their property, they should be responsible.
We have a big old tree in our backyard and when the branches start to grow over our neighbor's roof, DH climbs up there and trims them down.
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| Posted 3/13/10 1:19 PM |
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JldDolphin
Member since 1/07 6929 total posts
Name:
Jen
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Re: If a neighbor's tree falls on your property...
The tree is on their property then they should have offered to at least help cut it down with you DH. Some neighbors are not very nice sometimes. If that was my tree I would have helped or had someone come and take the tree away. That is being responsible for your property. 
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| Posted 3/13/10 6:25 PM |
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KLSbear
LIF Adult
Member since 1/06 1908 total posts
Name:
Karen
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Re: If a neighbor's tree falls on your property...
Courtesy would dictate that a neighbor should offer assistance in clearing up the mess or damage caused, but legally I don't think they have any responsibility unless you could show negligence, such as notifying them via certified letter that the limb was damaged and likely to fall on your roof causing further damage.
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| Posted 3/13/10 6:50 PM |
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KittyGags
LIF Adult
Member since 7/09 5614 total posts
Name:
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Re: If a neighbor's tree falls on your property...
I guess it would be a great question for someone that does insurance? I mean if their tree fell on your house and blew a hole through your house, obviously you file with yours but I bet they're liable?
Anyway, I actually am curious, if my neighbors tree hangs over my pool, can I cut those branches off? Its really annoying because the leaves fall into my pool, so a day after its cleaned its filled with his leaves...
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| Posted 3/13/10 7:55 PM |
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KLSbear
LIF Adult
Member since 1/06 1908 total posts
Name:
Karen
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Re: If a neighbor's tree falls on your property...
Posted by KittyGags
I guess it would be a great question for someone that does insurance? I mean if their tree fell on your house and blew a hole through your house, obviously you file with yours but I bet they're liable?
Anyway, I actually am curious, if my neighbors tree hangs over my pool, can I cut those branches off? Its really annoying because the leaves fall into my pool, so a day after its cleaned its filled with his leaves...
Actually, the sites I found in searching the net said that the neighbor is not liable unless you can prove negligence in it being a foreseeable event. You'd have to prove that the tree was clearly in danger of causing damage and that they were aware of this, otherwise it's an act of nature and they can't be liable for that.
Oh - and I get to practice what I preached too - we were going to head out to grab a bite to eat and there was a huge tree down in the road - one of the pines in our front yard had blown over. We must have been in the back of the house when it happened - we never heard anything. The West Sayville Fire Dept. arrived and cut it up to clear the road, but they tossed half the tree across the street so we'll be making arrangements to have it cleaned up.
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| Posted 3/13/10 8:08 PM |
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mlny
blessed <3
Member since 10/09 2113 total posts
Name:
M
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Re: If a neighbor's tree falls on your property...
a similiar situation happened at my house a few years ago.. according to homeowners insurance.. regardless of whos tree it is the person whos property it damages has to go thru their own insurance. "that's why they have insurance" lol and i quote the insurance lady.
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| Posted 3/13/10 9:04 PM |
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CrankyPants
I'm cranky
Member since 7/06 18178 total posts
Name:
Mama Cranky
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Re: If a neighbor's tree falls on your property...
Can you at least throw the debris over the fence and back in their yard?
That is so rude that they didn't offer to clear it or help clear, regardless of who is legally responsible.
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| Posted 3/13/10 9:20 PM |
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BaroqueMama
Chase is one!
Member since 5/05 27530 total posts
Name:
me
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Re: If a neighbor's tree falls on your property...
Thanks everyone. We didn't really care, it wasn't a huge deal and our next door neighbor, whose tree it wasn't, helped us. We have awesome neighbors on our block who would all do anything to help out, but the ones behind us, I guess, are not so neighborly. Oh well. I was just curious. Thanks
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| Posted 3/13/10 11:29 PM |
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