neighbors rotten tree

What is the name of your state (only U.S. law)? texas
my next door neighbor has a large rotten tree that is leaning toward my home, when it falls it will hit my storage shed and my home. i've asked her to please have it cut down, i've even called and gotten her estimates to do this. she now tells me that she does not have to do anything about it because if it falls she won't be responsible because it's an act of nature. is this true? is it an act of nature when you know about it? i'm disabled and on social security and can't afford to have it cut down. what do i do?
thanks for any help!

She is wrong -- if she knows it is dead/dying, she knows it is a risk and cannot disclaim responsibility for damage it causes to your property. If she had no reason to know that it is dying/dangerous then she would (probably) be right.

Send her a letter, certified return receipt, requesting that she cut it down because it is dead and a hazard. If she does not do it, there's not much you can do except present the letter to your insurance company when it falls and let them go after her. You could sue, but probably not worth it.

I think you need more proof the tree is a hazard then just saying, I think something is wrong with it, and I demand you cut it down.

You need a arborist. Call the town to look at it. Get copies of the reports, and if they find the tree is a danger, then it is, and if she doesn't cut it down at that point, THEN it is her responsibility -not until then.

in all reality, if it appears to be a problem to you and you notify the neighbor, the onus is then upon them to either have the tree checked and removed or pruned (if possible) or live with the consequences.

so, take pictures of the tree for your records to show the condition. Send a letter to the neighbor informing them the tree appears to be dying. Once you have done that, there is really nothing you can do until the tree damages your property.

You do not have to demand the neighbor do anything. Simply informing them it appears to be a problem puts them on notice to check out the situation and remedy any problems.

It would only be considered an act of god if it were a healthy tree.

who says it's rotten

Is it a personal or proffessional opinion? (rotten tree)

No sign for the letter, then what?

MIKE_G said:

Is it a personal or proffessional opinion? (rotten tree)

No sign for the letter, then what?

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OP gets letter back and saves it until day tree falls. If the tree is rotten when it falls, then OP has a strong case that tree owner was aware of the hazzard. Tree owners insurance then pays claim and then when the owners insurance comes up for renewal the insurance company sends a non renewal letter. At this point it may be a personal opinion but if it falls and is rotten then it would be a correct one.

No sign for the letter, then what?

Click to expand...

You might consider sending a second duplicate letter, first class with delivery confirmation. If you get the record that letter was delivered, it will back up your claim that the duplicate CRR letter was received and reasonable to assume was read.

Talk to your insurance representitive now, before damage is done. Maybe they will take proactive steps to resolve the situation.