Dead Trees on Easement

[rfulky]

What is the name of your state?What is the name of your state? Tennessee

I have an easement behind my house which the HOA is responsible for upkeep. I had two dead trees fall into my backyard from this easement. Another one is still standing, but if it falls it will hit my house. I contacted the HOA and they said they are responsible for the upkeep except for trees limbs that overhang onto my property. Well they definitely overhang on my property now, but did not before.

Am I correct in asking them to cut down the dead trees that fell into my yard and most importantly the dead tree that is still standing and has a great possiblility of hitting my house if it were to fall?

If this tree does fall into my house before it is cut down are they responsible for the damages?

Thank you

 

[seniorjudge]

Q: Am I correct in asking them to cut down the dead trees that fell into my yard and most importantly the dead tree that is still standing and has a great possiblility of hitting my house if it were to fall?

A: You are correct.


Q: If this tree does fall into my house before it is cut down are they responsible for the damages?

A: Yes, but use a little common sense here. Take lots of pictures before, during, and after the tree removal done by someone you hire. Then present the HOA a bill at their next meeting, along with a photo album of duplicate photos. It is much cheaper for you and will save your house.