neighbors' dangerous tree

[Joacgo]

My neighbor has a huge dead tree on their property that is very close to my property line...less than a foot. If the tree falls, it will totally destroy my house. I have asked my neighbors to please have it cut down. They have ignored me. If the tree falls, will it be considered an act of God and my liability or will I have any legal recourse against my neighbor? Also, is there anything legally I can do now before the worst scenario becomes a reality. Thank you.
PS I live in New Jersey. Joanne

 

[Tracey]

Call your homeowner's insurance company and ask them if they will cover the neighbor's tree falling on your house. Get their answer in writing and save it. If you know who it is, you can also call the neighbor's ins. co. and let them know about the potential hazard. They may up neighbor's premiums until the tree is removed. Finally, call the city and ask if they issue orders to property owners to remove dangerous trees (hazards to public health).

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Joacgo:
My neighbor has a huge dead tree on
their property that is very close to my
property line...less than a foot. If the
tree falls, it will totally destroy my
house. I have asked my neighbors to
please have it cut down. They have
ignored me. If the tree falls, will it be
considered an act of God and my liability
or will I have any legal recourse against
my neighbor? Also, is there anything
legally I can do now before the worst
scenario becomes a reality. Thank you.
PS I live in New Jersey.
Joanne<HR></BLOCKQUOTE>


Send the neighbor a registered return receipt requested demand letter advising them to remove the tree and that they will be held liable for any damage to your property and to you, that may occur due to their apathy and negligence, until such time as the tree is removed. Tracy gave some good info. Also contact your own insurance company and they will advise you on the steps to take. There are legal remedies but I hope this matter can be resolved without going to court and having the court issue an order to your neighbor to remove the tree by a specified time period and at their sole cost and expense.

[This message has been edited by HomeGuru (edited May 28, 2000).]