neighbors tree

[mokibro]

What is the name of your state (only U.S. law)? OK

There is a tree(about 1 1/2 ft in diameter) that is just over the property line in my neighbors yard. It has fallen over and is leaning against the eaves of my house. Whose responsibility is it to remove it? Whose responsible for the minor damage it caused? And if it's their responsibility, and they don't do anything about it, what can I do?

 

[Banned_Princess]

It is your responsibility to remove it, and fix your damages.

Unless there was communication about how it might be a problem, in a provable form, that was verified by a professional.

Call your insurance company.

 

[mokibro]

k. It's still in the ground(the roots didn't even pull out of the ground) and still alive. Do I need any permission from them to remove it?

 

[Banned_Princess]

k. It's still in the ground(the roots didn't even pull out of the ground) and still alive. Do I need any permission from them to remove it?

no permission necessary for the portion thats on your side of the fence.


if cutting it will kill the tree, I suggest you take good pics first.

 

[mokibro]

I have pics already. The wall of my house is only about 4 ft from the property line. It is nothing but a single trunk for about the first 15 ft, so if I get it off my house, there will be nothing but an 8 ft trunk sticking out of the ground. And it would probably have to be cut off lower than that or it would probably fall over some more and slam into the wall of my house. Since it is growing out of the ground on their side, there really is no way to safely remove it without cutting it on their side of the property line. Essentially, the whole tree will have to be removed. The only fence there is a 2 or 3 ft high wire mesh fence, which is theirs, and which the tree is just on the other side of(it touches it).

 

[Banned_Princess]

I have pics already. The wall of my house is only about 4 ft from the property line. It is nothing but a single trunk for about the first 15 ft, so if I get it off my house, there will be nothing but an 8 ft trunk sticking out of the ground. And it would probably have to be cut off lower than that or it would probably fall over some more and slam into the wall of my house.

Ok, it is my suggestion that you certify (as in certified mail) a letter to the homeowner telling him what you are going to do, then get rid of that tree... to the property line. then its the neighbors problem.

then if the stump damages your property its the neighbors responsibility (mention that in your letter) because you have proof he was aware of the danger.

 

[mokibro]

Thanks for the advice. Much appreciated.

 

[HomeGuru]

Thanks for the advice. Much appreciated.

**A: you could also check with your insurance company as to how to handle things.

 

[mokibro]

Update: Apparently, it is not my responsibility, because my neighbors insurance company just called and is mailing me a check to cover both the house and removing the tree. Just thought you all might want to know.

 

[Alex23]

That's good, because your next move was going to be putting pressure on the insurance co.

 

[154NH773]

my neighbors insurance company just called and is mailing me a check to cover both the house and removing the tree

I would suggest not cashing the check untill all the work is done. Cashing the check may be acceptance of that amount, regardless of the final cost.