Neighbors Large Dead Tree falls

[ewills]

What is the name of your state? North Carolina

I am sorry for another tree question. The lot behind our home is undeveloped and has several large dead trees on it. Last week one of the biggest ones fell taking out 4 of our trees. I contacted our insurance agent who said that because the tree was dead that the property owner was responsible for the damage. Their lawyer contacted me and said that because it fell as an act of God that they were not responsible. When I asked him questions he had a difficult time answering them and said that I should find cases that showed otherwise. I have two questions.

1) Who is responsible for paying to cleaning up the mess in my backyard?
2) What can I do to protect myself from the other trees creating this same problem?

Thanks for your help.

 

[leeb204]

I have similar problem

Mississippi

I have a similar problem. My backyard neighbor's tree fell and is wedged between a fork in a huge oak tree in my yard. (The fallen tree was alive, not dead, although it's on the soon-to-be deceased list.) The neighbor is very noncommittal and apparently unconcerned about the tree. Neither of our insurance policies will cover taking the tree down or cleaning up the debris. I would remove the part overhanging my property line, but then the tree trunk would fall on her chained link fence (as well as an electrical wire surrounding the perimeter of her yard to contain her two dobermans). The county agent tells me that in time the tree will fall, and at that time will become a safety hazard (this will probably be a matter of years). He also pointed out that the situation devalues my property if I should try to sell my home. I've already removed much of the debris (and there is a ton of it since this is a big tree), but large branches still dangle over in my yard and cover one entire corner.

Should I expect her to take total responsibility for the removal of a tree in this scenario? Or am I in error to think this, since this was an Act of God, and should I expect to help defray the cost of removal?

I'd appreciate any advice anyone can offer for a reasonable solution.