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bella321
Blessed!
Member since 3/09 1952 total posts
Name:
Kristy
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Please settle this debate (home related)
Looking for some opinions ...
There is a huge tree on the side of our house (on our property) with several large, heavy branches extending over to our neighbor's house. These branches are above their living room and bedroom areas.
I want to have the tree taken down because I am afraid that during a bad storm, one of these branches will crash onto our house or our neighbors.
DH is not concerned in the slightest. He likes the tree (as do I) and is not willing to pay 2k plus to have it removed.
Here's my question: In the event of a branch (or several) crashing onto my neighbor's house and causing significant damage, can they sue us for their homeowner's insurance deductible?
I think so, DH thinks not.
ETA: We don't have a great relationship with them to begin with. Not contentious but we're not friendly. We just rarely see them and have not developed a nice relationship like other neighbors.
What do you think?
Message edited 8/2/2012 5:42:01 PM.
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Posted 8/2/12 5:40 PM  |
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789
LIF Zygote
Member since 8/12 8 total posts
Name:
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Please settle this debate (home related)
A storm knocked down my neighbor's tree limb onto my property, damaging my house, car, and yard furniture. Is he responsible for the damages?
It depends. The court will probably apply a reasonable care standard. If your neighbor took reasonable care to maintain the tree branch, and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. If a reasonable person could not have avoided this from happening in any way, then it will be deemed an Act of God, and the neighbor will not be liable.
If, after applying this reasonable care standard, however, the court finds that a reasonable person would have or should have known that the tree branch posed a danger of falling, or that the neighbor never did reasonable inspections to maintain the tree branch, then the neighbor could be found liable of negligence, and therefore responsible for damages to your property.
http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html
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| Posted 8/2/12 5:50 PM |
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maybesoon
LIF Adult
Member since 9/09 5981 total posts
Name:
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Re: Please settle this debate (home related)
I believe their homeowners insurance would pay for the damages. We have several huge trees that could do damage to surrounding property. If we all cut these trees down, there would be nothing left! I wouldn't worry about it
They can trim the branches if they want to, I highly doubt they could sue you for deductible
Message edited 8/6/2012 2:10:17 PM.
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| Posted 8/6/12 2:09 PM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: Please settle this debate (home related)
i believe that if the tree is on your side, YOU are responsible.
During Hurricaine Andrew in 1990 - a neighbors tree fell on my parents home. They (the neighbors) were responsible.
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| Posted 8/6/12 2:22 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Please settle this debate (home related)
We took down several trees that were infringing on our neighbor's house. Whether we would be responsible or not if a strong gust of wind took it down; I didn't want to be worried that we would ultimately be responsible for anything happening to their house.
It was better to take the trees down so that I didn't have to go through the thought and possibility of killing someone while they slept in their own home.
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| Posted 8/6/12 2:55 PM |
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jilliibabii
Mrs. O'Connor
Member since 6/10 12821 total posts
Name:
Jillian
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Re: Please settle this debate (home related)
I'm not sure who is responsible, but your neighbor is at liberty to trim the branches on their side of the fence if they chose to, right? So it seems like it should be THEIR problem and not yours.
ETA: I'm talking if a branch fell on their house. If the whole tree fell, that's a different story.
Message edited 8/6/2012 4:08:08 PM.
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| Posted 8/6/12 4:07 PM |
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Sherwood
LIF Adult
Member since 8/08 1643 total posts
Name:
s
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Re: Please settle this debate (home related)
They can certainly sue you, as people will sue for anything, but it doesnt mean they will win. If there is damage to their property from your tree, their insurance is responsible for paying it.
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| Posted 8/6/12 4:12 PM |
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CSK
LIF Adolescent
Member since 9/11 892 total posts
Name:
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Re: Please settle this debate (home related)
Posted by neener1211
We took down several trees that were infringing on our neighbor's house. Whether we would be responsible or not if a strong gust of wind took it down; I didn't want to be worried that we would ultimately be responsible for anything happening to their house.
It was better to take the trees down so that I didn't have to go through the thought and possibility of killing someone while they slept in their own home.
So you took down all teh trees around your house b/c you were afraid of them?
From what I've read regarding a tree is if it falls down and there was really no evidence that that the neighbor put you on warning that the tree was in unsafe condition (I"m assuming this to mean deseased, dead, partially uprooted) then its their homeowner's insurance that pays. I also believe that it is teh neighbor's resonsability to trim branches over their property line, so if the branch is over thier line then it was their problem in the first place.
However, i'm just a dumb stranger on the internet, why don't you call your insurance agent and ask? they or the other homeowner's insurance will be covering the damage.
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| Posted 8/6/12 4:32 PM |
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Mrs213
????????
Member since 2/09 18986 total posts
Name:
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Please settle this debate (home related)
Their homeowners will be responsible, even if it's your tree...
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| Posted 8/6/12 6:20 PM |
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Please settle this debate (home related)
I think anytime something from your home damages or hurts someone they can sue for your homeowners insurance to cover it. Maybe a stipulation would be an act of God?
Maybe call your insurance company and ask in general.
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| Posted 8/6/12 8:21 PM |
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HeyJude
LIF Adolescent
Member since 9/07 820 total posts
Name:
p
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Message edited 8/20/2012 4:14:23 PM.
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| Posted 8/7/12 10:31 AM |
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Re: Please settle this debate (home related)
If you like the tree, and it's not dead or diseased, couldn't you just have the branches trimmed, so that they are not hanging over your neighbor's property (or at least over his house)?
My parents have huge oak trees in front of their house, and then just had the big branches (that overhang their own front yard) trimmed by their landscapers. I think it was like $275, plus another $50 for them to take the debris to the dump.
I think it would be money well spent for peace of mind, and would be a good compromise. The tree stays, but you don't have to worry about property damage (or even safety hazards) from the overhanging branches.
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| Posted 8/7/12 10:54 AM |
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Paramount
Sweet!
Member since 7/12 4287 total posts
Name:
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Please settle this debate (home related)
The law is VERY clear on this issue.
If the tree is suspect, ie: in bad condition, or in a position to cause damage, you are responsible ONLY if the neighbor puts you on notice.
For example. Lets say my neighbors tree is suspect. It not rotting or "appears" bad, but its low and hangs right over my garage. I send a REGISTERED letter to my neighbor telling them there is a problem with the tree that can cause damage to my property. I am putting them on notice of the offending tree and possible problem.
IF that tree/limb falls on my property and causes damage to my car/garage/whatever, my NEIGHBOR has to pay me for any damage caused if they have not addressed the tree issue due to the letter.
Basically, you are only liable if the neighbor puts you on notice, IN WRITING that the tree can cause damage.
No letter, no notice, you have ZERO liability.
Message edited 8/7/2012 1:47:57 PM.
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| Posted 8/7/12 1:46 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Please settle this debate (home related)
Posted by CSK
Posted by neener1211
We took down several trees that were infringing on our neighbor's house. Whether we would be responsible or not if a strong gust of wind took it down; I didn't want to be worried that we would ultimately be responsible for anything happening to their house.
It was better to take the trees down so that I didn't have to go through the thought and possibility of killing someone while they slept in their own home.
So you took down all teh trees around your house b/c you were afraid of them?
From what I've read regarding a tree is if it falls down and there was really no evidence that that the neighbor put you on warning that the tree was in unsafe condition (I"m assuming this to mean deseased, dead, partially uprooted) then its their homeowner's insurance that pays. I also believe that it is teh neighbor's resonsability to trim branches over their property line, so if the branch is over thier line then it was their problem in the first place.
However, i'm just a dumb stranger on the internet, why don't you call your insurance agent and ask? they or the other homeowner's insurance will be covering the damage.
Yeah, we did. We took 6 large pine trees that touched our neighbor's roof anytime the wind blew. When we told them we were taking them down, he said thank you because he was getting concerned.
My neighbor could have cut the branches, but we already wanted to take them down. It was our responsibility, not his.
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| Posted 8/9/12 2:05 PM |
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