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Falling trees...

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SubroSuzie

Junior Member
In San Diego, CA - my neighbor had a tree, with the complete root structure on her property. The tree, however, decided to grow sideways and the majority of it resided on my side of the property. It necessitated making a hole in the fence to accomodate for the trunk and branches, which were growing over our roof. It was clearly not a well balanced tree.

I talked with the neighbor, indicating that the tree had to come down. She refused to get the permit needed or to call an arborist out and four months later the tree came down onto our house. Almost $9k in damages.

She, and her insurance company, are refusing to cover the damages, despite the fact that she had four months warning, a conversation witnessed by two other people, and knew she was the one who had to do something about it, because the entire root structure was on her property.

Are there any legal presendents for this case? What legal leg do we have to stand on to settle this case?

Any help, or a point in the right direction, is greatly appreciated. Thank you in advance!
 


Ohiogal

Queen Bee
SubroSuzie said:
In San Diego, CA - my neighbor had a tree, with the complete root structure on her property. The tree, however, decided to grow sideways and the majority of it resided on my side of the property. It necessitated making a hole in the fence to accomodate for the trunk and branches, which were growing over our roof. It was clearly not a well balanced tree.

I talked with the neighbor, indicating that the tree had to come down. She refused to get the permit needed or to call an arborist out and four months later the tree came down onto our house. Almost $9k in damages.

She, and her insurance company, are refusing to cover the damages, despite the fact that she had four months warning, a conversation witnessed by two other people, and knew she was the one who had to do something about it, because the entire root structure was on her property.

Are there any legal presendents for this case? What legal leg do we have to stand on to settle this case?

Any help, or a point in the right direction, is greatly appreciated. Thank you in advance!
Why didn't you trim the branches growing over and through your property? you had the right do so.
 

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