Neighbor Negligence?

[wwjohns]

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

I am writing for my brother.

About 5 years ago, a 100+ foot tree located in a neighbors yard was hit by lightning. The bark of the tree actually pealed like a banana. Since being hit, the tree has lost its folage and has increasingly dropped more and more limbs onto my brothers property and home. Undoubedly, the tree died and should be cut down. My brother has spoken to his neighbor and his property insurance agent without achieving any satisfaction. Presently, "my brother fears for his life" because he believes the tree could fall onto his home during strong winds.

Please advise proactive advice for my brother and his family.

[ecmst12]

Brother needs to send a letter to the tree owner via certified mail, return receipt requested, advising that the tree is a hazard and if he does not take care of it within a reasonable time frame, he will be legally responsible for any further damage caused to brother's or anyone else's property due to the hazardous tree. That is his paper trail. Once he has established the paper trail, he can proceed to sue the tree owner for any further damage caused by the tree after a reasonable amount of time (typically 30 days) after the date of the letter.

[seniorjudge]

Originally Posted by wwjohns

...
The bark of the tree actually pealed like a banana.
...

Really!

What does a banana sound like?

[racer72]

In addition to ecmst12's advice, you should also consider having a licensed arborist take a look at the tree. Even a visual inspection from your brother's yard should provide enough info as to whether the tree is a hazard or not. This would provide more ammunition in a letter and could be the the reason he wins or not if the issue ends up in court.

[FlyingRon]

Originally Posted by seniorjudge

Really!

What does a banana sound like?

Sounds like The Power of Positive Thinking to me.