Neighbors dead tree damages fence

[maggie6983]

What is the name of your state? Massachusetts

 

[maggie6983]

My neighbor has a dead tree near my property line, and branches come down onto my property with strong winds. They leave the cleanup to me. I am planning to have a fence installed ...who is responsible if the tree damages the fence?

 

[adjusterjack]

There's no fence there now and you want to know how to make the neighbor responsible in the future?

Here's how.

Take dated photos of the dead tree and the dead branches on the ground. Send the photos to the neighbor warning him that the tree is dead, that it presents a hazard, and that if he doesn't remove the tree he will be responsible for any future damage caused by the tree. Send it with tracking and a delivery confirmation.

Keep copies of the photos and letter in your permanent files.

Send similar notices every few months if he doesn't remove the tree.

 

[PGHOA]

More assertive, with the photos send a certified letter that says he has been notified of the potential damage from falling dead tree and limbs more than once (name dates). If any damage is done to your property from any part of that tree, he is libel for reparations. If I'm not mistaken, this overrides the "act of God" insurance claims reference. Lawyers, am I right?

 

[Zigner]

More assertive, with the photos send a certified letter that says he has been notified of the potential damage from falling dead tree and limbs more than once (name dates). If any damage is done to your property from any part of that tree, he is libel for reparations. If I'm not mistaken, this overrides the "act of God" insurance claims reference. Lawyers, am I right?

That's exactly what was posted in November.

 

[quincy]

... If any damage is done to your property from any part of that tree, he is libel for reparations. If I'm not mistaken, this overrides the "act of God" insurance claims reference. Lawyers, am I right?

Libel is the written form of defamation. I think you mean "liable" (legal responsibility). And "reparation" has a different meaning than compensation, compensation of which would be the correct word to use.

But the gist of your post is correct.

 

[Zigner]

But the gist of your post is correct.

...as it was in November, when adjusterjack stated substantially the same thing.

edit: forgot my