What is the name of your state (only U.S. law)? virginia
our neighbor has a very tall oak on their side of the property line -- it's obviously dead. it's about 20 or 30 feet higher than surrounding trees and there have been no leaves on it for years.
the way the land lays, if it falls for whatever reason, it will fall away from their house. it could go down in their backyard, but more likely it will fall towards our house or at least across our privacy fence.
i realize that if a live tree falls, the person who gets the damage is responsible regardless of whose property the tree was on -- but what if the tree is dead?
i've read some opinions that if a person knows they have a dead tree on their property and doesn't remove it, they are negligent and responsible for the damage, but i can't find any law saying that.
we don't want to get into one of those things where our insurance & their insurance are pointing fingers -- and we're not on speaking terms with those neighbors -- a long story and the reason for the privacy fence.
to get to the point, who would be responsible for damages?
what would be the best way to ask them to take care of the tree without talking to them?
our neighbor has a very tall oak on their side of the property line -- it's obviously dead. it's about 20 or 30 feet higher than surrounding trees and there have been no leaves on it for years.
the way the land lays, if it falls for whatever reason, it will fall away from their house. it could go down in their backyard, but more likely it will fall towards our house or at least across our privacy fence.
i realize that if a live tree falls, the person who gets the damage is responsible regardless of whose property the tree was on -- but what if the tree is dead?
i've read some opinions that if a person knows they have a dead tree on their property and doesn't remove it, they are negligent and responsible for the damage, but i can't find any law saying that.
we don't want to get into one of those things where our insurance & their insurance are pointing fingers -- and we're not on speaking terms with those neighbors -- a long story and the reason for the privacy fence.
to get to the point, who would be responsible for damages?
what would be the best way to ask them to take care of the tree without talking to them?