tree has grown across property line

[theresa russell]

What is the name of your state (only U.S. law)? Texas
I bought a house in Texas a few years ago and had to do some repairs to it before I could move in. I recently had a new roof put on and was going to move in while I finished some interior work. My next door neighbor has a huge tree that is dead. Before it died it grew so big that the base of it grew over the property line. We had some pretty bad weather and the dead tree fell on my house and did substantial damage to my new roof and siding. I called and spoke to the owner (this is not his primary residence, he rents the house out) and he went out to look at it and said the tree is not his responsibility. I hired a surveyer and he said that the tree was probably originally two feet over on his property but it has grown so much (the trunk is about two feet six inches across now) that the tree is about eighty five percent on his property and fifteen percent on mine. The tree has been sitting on my house for over two months and because of the damage and rain it is ruining the interior of my house. (drywall and kitchen cabinets). I sent him a certified letter asking him to take care of this matter in a timely manner before more damage is done and an insurance adjuster contacted me. He went out to look at the house and said the tree was clearly his and the tree is obviously dead and has been dead for a long time. Three weeks later my neighbors insurance company called me and said they were denying the claim because the tree is partially on my property and the falling of the tree was an act of god. I said every other tree in the whole neighborhood is still standing except this dead tree. If it weren"t dead it would most likely still be standing. She said if the tree was dead then I should have removed it myself. Is there nothing I can do about this situation? I don't have homeowners insurance on it and the house if paid for. Any advice would be greatly appreciated.
Theresa Russellhat is the name of your state (only U.S. law)?

 

[LindaP777]

What is the name of your state (only U.S. law)? Texas
I bought a house in Texas a few years ago and had to do some repairs to it before I could move in. I recently had a new roof put on and was going to move in while I finished some interior work. My next door neighbor has a huge tree that is dead. Before it died it grew so big that the base of it grew over the property line. We had some pretty bad weather and the dead tree fell on my house and did substantial damage to my new roof and siding. I called and spoke to the owner (this is not his primary residence, he rents the house out) and he went out to look at it and said the tree is not his responsibility. I hired a surveyer and he said that the tree was probably originally two feet over on his property but it has grown so much (the trunk is about two feet six inches across now) that the tree is about eighty five percent on his property and fifteen percent on mine. The tree has been sitting on my house for over two months and because of the damage and rain it is ruining the interior of my house. (drywall and kitchen cabinets). I sent him a certified letter asking him to take care of this matter in a timely manner before more damage is done and an insurance adjuster contacted me. He went out to look at the house and said the tree was clearly his and the tree is obviously dead and has been dead for a long time. Three weeks later my neighbors insurance company called me and said they were denying the claim because the tree is partially on my property and the falling of the tree was an act of god. I said every other tree in the whole neighborhood is still standing except this dead tree. If it weren"t dead it would most likely still be standing. She said if the tree was dead then I should have removed it myself. Is there nothing I can do about this situation? I don't have homeowners insurance on it and the house if paid for. Any advice would be greatly appreciated.
Theresa Russellhat is the name of your state (only U.S. law)?

I see lots of errors in your post . . . this is the biggest;

I don't have homeowners insurance on it

ALWAYS carry insurance on your biggest assets!

And this;

The tree has been sitting on my house for over two months and because of the damage and rain it is ruining the interior of my house.

You needed to mitigate your damage. Remove the tree, protect the house from the elements. You should not have waited two months. Then sue the neighbor, if you think it was his responsibility. You may need a survey, but if it's partially your tree, you are partially responsible and it appears you took no action.

Usually, dead trees falling are not covered by insurance. They need to be "maintained" as part of the property.

For future readers; If a dead tree is partially on your property, then you are partially responsible to have it removed, before it falls or does damage. It's maintenance. Negotiate with the neighbor on dead tree removal, costs, cleanup etc. If they refuse, take lots of pictures proving it's dead and a hazard, remove the tree and sue the neighbor for their share of the expense. Let a judge decide who should pay. Tree removal is a lot cheaper than the damage the tree can cause falling on your house. People underestimate the weight of trees.