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Old 05-28-2018, 11:17 AM   #16
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Re: ask neighbor to share sick tree removal cost?


You can always ask. It can't hurt anything. I he refuses then pay it yourself. If he agrees then bonus for you.
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Old 05-28-2018, 11:33 AM   #17
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Re: ask neighbor to share sick tree removal cost?


My stepson had a metal shed that he failed to secure to the ground well and during a storm it blew off the property and hit the neighbor's truck. I was shocked when I found out the homeowner's insurance wouldn't cover it and the neighbor's auto policy was responsible.
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Old 05-28-2018, 11:34 AM   #18
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Re: ask neighbor to share sick tree removal cost?


Quote:
Originally Posted by Bud9051 View Post
If any of the removal process might result in a complaint from that neighbor/lawyer be sure to get them to sign a waiver. if they refuse that maybe justification for delaying the removal.

Somewhere in my reading I saw it mentioned that a tree falling from one property onto another is the responsibility of where it landed. I noted that because there is a dead half of a tree next door that could fall onto my property where I have a shed. If that shed were damaged it was my understanding it would be my insurance that would need to pay. Might be interesting to ask your insurance company?

Bud
I asked the same question to my insurance agent last year via a email with pics. I told him a large big forked tree that belongs to my neighbor that is to the left in the pic, is dying. (I had this confirmed by my local AG extension office arborists) .

And that if and when it falls, it will take out the whole corner of our homes roof and brick walls under it most likely. I told my agent that when I asked my neighbor if would get it cut down, he told me that he was NOT going to do so. (as he had his home up for sale at the time)

So when I asked my agent how it will be handled if and when the tree does fall and damages our home, he gave me what seems to be a sensible reply.

My agent said his company will instantly see to it that our homes damage is paid for and repaired. Then, he will sue the neighbor for our homes repair costs, any medical costs if needed and even punitive damages, if warranted.
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Old 05-28-2018, 12:02 PM   #19
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Re: ask neighbor to share sick tree removal cost?


Quote:
Originally Posted by Bud9051 View Post

Somewhere in my reading I saw it mentioned that a tree falling from one property onto another is the responsibility of where it landed.

Bud

My somewhat informed understanding is that rule does apply to healthy trees and 'acts of God'. A diseased or dead tree, especially one you have been warned about is a whole different game.


Even if you win do you want to spend the time and money to hire a lawyer, do depositions and go to court. A grand to be done with the obvious and real problem is cheap.


It is the OP's tree and his responsibility.
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Old 05-28-2018, 12:02 PM   #20
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Re: ask neighbor to share sick tree removal cost?


You need to be a good neighbor yourself. It is one thing if you have a nuisance on your property that just affecst you.
Why should it affect the neighbor. And ridiculous asking him to pay for your responsibility and problem.
Who cares about previous owners. You bought the house and the problem. Cant complain now you did not notice the tree or have it inspected before purchase.

It was nice of the neighbor to try and talk with you first. Before just sending a letter.

Very different rules and laws if you dont know about a problem tree.
But now the letter can prove you knew or should have known about a problem. Much different.

The neighbor can go to court and force you to remove it.
Or wait until it falls and does damage. Then his insurance will pay him. And they will go to court and collect from you. Or he can skip his insurance and just sue you and have an easy win.
If your insurance knows you knew about the tree. They will not help you at all and may even cancel your policy.
Just like if you know you have a bad roof with a hole in it. You cant just sit back for weeks and let the rain come in.

You have a legal responsibility to keep the property in safe condition and limit any damages.

Or maybe you can offer to split the cost of a home improvement project the neighbors want to do to there own property. Makes as much since as what you are asking.

Again neighbors have the right of Quiet Enjoyment of their property. Without the threat or nuisance for you or your property.
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Last edited by RRH; 05-28-2018 at 12:04 PM.
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Old 05-28-2018, 03:00 PM   #21
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Re: ask neighbor to share sick tree removal cost?


If a 'healthy tree' falls in your neighbors yard or on your neighbors house,
their insurance pays to remove it and repair damages.

If 'your sick or dead tree' falls on your neighbors house, then
their insurance company will repair their damages and
then go after your insurance company for reimbursement.
That is what insurance is.

She notified you in writing and most likely notified her insurance
company regarding her concerns and her request to you to remove
your sick tree. She covered her bases.

I believe that they can not compel you to take down a sick tree on your property,
however, you are at a high risk if this sick tree or a dead branch falls and
injures someone in their yard.

Everyone is best served with removal of this tree...do it before your next
windstorm.
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