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HammerDown
09-29-2002, 03:11 PM
Here's whats going on...my neighbor has a rather LARGE somewhat dead tree overhanging my property. He's not concerned about it...now when it falls, and it will, its going to wipe out my boat and also my pick up truck if it's parked there at the wrong time.
I'm not able to get (any) insurance for my 1983 21 Daytona. And my home owners won't cover it even parked in my back yard! And that's the only place to keep it.
Sooooo my question, would the neighbor be liable for the damage his tree's going to do? Or am I F$$Ked?

572Daytona
09-29-2002, 05:55 PM
I'm not a lawyer but there is some information on that subject here:
http://www.nolo.com/lawcenter/ency/article.cfm/objectid/D815344D-7AA8-4B48-A1FD1F04F351504F/catID/D0B308BB-D553-438E-94E8D66498A911D7

Jbb
09-29-2002, 06:27 PM
I can tell you this from a personal experience with State Farm ,my carrier In the State of Georgia....
My Neighbor had a tree get hit by lightning right outside my fence on his property.
Tree died and stood there for a while ...tall Ga pine ...One day I hear a loud crash and find his tree snapped in two and it had landed perfectly in my pool crushing my fence and deck and screwing up my pool liner.So I tell the guy next door to call his Insurance company He does and comes back and tells me "They said because the tree was dead your Insurance Co has to pay ......WTF?
So I call State Farm and the adjuster said If the tree was alive he would have to pay but since it was dead it was MY duty acording to law to force him to cut it down!!!Since I had only asked him verbally to remove it...not in writing I had no proof So my carrier had to pay.......hard to believe but true!!!!!!

Rickster
09-29-2002, 06:44 PM
My next door neighbors house sits about 7' higher than my house on a hill....he has 2 huge 35 year old Mulberry Trees hanging 20'+ over my property. These huge leaves once again are starting to fall on my side of a rock wall fence that is about 12' high.....I also have all the electrical lines to the house under these huge tree branches.....the leaves are all over my yard and then they blow into the swiming pool.....they are hell to remove. I have asked him 3 times in the past 5 months to cut his tree branches, no response. Any suggestions? Last year we raked up 25 33gal bags of them and threw them over the fence. NOTHING!

Tinkerer
09-29-2002, 07:19 PM
Just a thought
send him a letter via lawyer to remove the tree in 30 days. Then in 31 days cut all the branches off the tree that are on your side of the fence.
With the tree way off balance it should fall onto his property not yours.

RiverForUs
09-29-2002, 10:11 PM
we raked up 25 33gal bags of them and threw them over the fence. NOTHING!Sound like something I would do!
From what I've been told you don't have to wait to cut anything that hangs over your property line. My 3 neighbors have 4 trees that hang out over my block walls. I cut them straight up from the centerline of the block wall. Looks kinda funny, nice and round on their side and flat/straight as can be on my side. No leaves to pick up either!
Start chopping!!

HammerDown
09-30-2002, 08:34 AM
Thanks for all the advise...Alow me to explane a little better the detail of this massive tree, about 80 foot tall, that splits into two from about 6 feet from the ground...now the part that overhanges my property would be just a small amount of some upper branches, not the real problem...BUT one of the splits, at 4+ foot in diameter about 60 some feet tall is what's (leaning severly) in my direction...and the area of the trunk is somewhat rotted. This thing will break off near the ground on his property, but will fall onto my property and destroy my boat and truck, if the trucks parked there at that time. And that is my main parking area for the truck (concrete pad).
I went to my local municipal building...they said someone will come and look the situation over and see what his thoughts are...I'll also ask my attorney to send a formal registerd letter to there house.
Thanks again for all the help. Ray
PS. So how would I find out who there Ins. Co is???? He's not going to tell me!
................................................
I just read the below...this is somewhat the situation I'm in...just add a boat and pu truck!
"My neighbor's tree looks like it's going to fall on my house any day now. What should I do? "
You can trim back branches to your property line, but that may not solve the problem if you're worried about the whole tree coming down.
City governments often step in to take care of, or make the owner take care of, dangerous trees. Some cities have ordinances that prohibit maintaining any dangerous condition -- including a hazardous tree -- on private property. To enforce such an ordinance, the city can demand that the owner remove the tree or pay a fine. Some cities will even remove such a tree for the owner. See How to Find Local Ordinances to locate your city's laws and policies on trees.
You might also get help from a utility company, if the tree threatens its equipment. For example, a phone company will trim a tree that hangs menacingly over its lines.
If you don't get help from these sources, and the neighbor refuses to take action, you can sue. The legal theory is that the dangerous tree is a "nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property. You can ask the court to order the owner to prune or remove the tree. You'll have to sue in regular court (not small claims court) and have proof that the tree really does pose a danger to you.
[ September 30, 2002, 09:43 AM: Message edited by: HammerDown ]

SchellSchock
09-30-2002, 08:47 AM
This doesn't apply to your situation but a little anecdote..... My brother's neighbor's tree hung over his fence and dripped sap, leaves, etc on my brother's car and boat cover for almost a year. Numerous request's to fix the situation got nothing but attitude from the neighbor. So, I got out my chain saw and my brother and I trimmed his tree back on our side of the property. Funny part is one big limb hung over the neighbor's "cable" line. We "accidently" cut the limb the wrong way causing it to pull his cable out during the 2000 Superbowl. He was having a Superbowl party which came to an immediate halt. He was furious but "Oh-Well"

THOR
09-30-2002, 08:56 AM
Make sure it is not a 'City' tree. I live in HB and the trees there on the owners property are technically the city's trees. If you cut them down, you owe the city for the tree. So, a 40 year old tree that is 40 feet tall. That is HUGE dollars to replace.

Rickster
10-05-2002, 04:54 PM
Thank you all for the input.....I'm printing out a copy of this and mailing it to him. Hopefully they will keep the peace and trim the tree....keep in mind this tree is about 7' feet higher than normal due to his lot being higher than our property. The tree limbs are about 18' high so cutting them from my side would be difficult....and there are bushes above the wall as well. I like trees, shade, but I hate cleaning up someone elses mess....and trying to get a thousand 10" leaves off the bottom of a 8'foot pool is NO FUN!

fryzll
10-07-2002, 06:16 PM
If it looks like that branch is dead call your local fire dept. and have them send an inspector out to take a look at it. If it looks unsafe or like it could be a fire hazard they will make him cut it down. It happened to me but instead of the neighbor just asking me to cut it down (new neighbor, never met them) they just called the F.D. and I was sent a letter telling me to cut it down, period, end of story. No big deal but I would have done if they asked me. Give that a try.
Chris

HammerDown
10-07-2002, 06:47 PM
As for my situation...well there dosent apear to be any local codes against (dangerous) trees...So I'm taking the advice of my attorny and sending the prick a regestered letter. This way its documented.

HammerDown
11-21-2002, 03:14 PM
After writing a WELL WORDED LETTER, (My Attorney said I wrote it perfect), to the owner of the property...and sending him a few estimates and pics. for the price of tree removal, he said he would address the problem. The Tree cutter was susppose to be here today...but no show,( may have went Hunting)!
Many thanks to all who responded to my question and gave the needed advice....I'll let ya know when that sucker hit's the groung...hopefully soon, and NOT on my boat!