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Homeownership Question

Posted on 2/23/23 at 9:35 am
Posted by Peter Venkman
Jackson, TN
Member since Aug 2016
2463 posts
Posted on 2/23/23 at 9:35 am
Our home backs up to a vacant house that has several very large and obviously dead trees in the backyard. These trees have already dropped many branches into our backyard. We are afraid that a storm one day will bring down the trees onto our property and damage our fence/home. Any advice on who to contact and what I should do?
Posted by BU Bear In BR
Wacko
Member since Apr 2022
313 posts
Posted on 2/23/23 at 9:37 am to
Does anyone own the vacant property? You'd probably have to go through them if there is an owner.
Posted by GeauxGoose
Nonya
Member since Dec 2006
2516 posts
Posted on 2/23/23 at 9:40 am to
Call the assessors office and see who owns it. Not sure how you would get a number to call, but maybe they have an a current address of the current owner. I'm not sure, but I would think if the trees are dead, the owner has a responsibility to take them down. They are probably liable if the trees do any damage to your property, but are you going to spend money in court to get them to pay? If you contact them, maybe they will get them removed.
Posted by dyslexiateechur
Louisiana
Member since Jan 2009
32156 posts
Posted on 2/23/23 at 9:40 am to
I’d call the city and let them handle it.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7548 posts
Posted on 2/23/23 at 9:42 am to
You can send a certified letter with pictures to the property owner to document the situation and request they mitigate the hazard.

Ultimately if they fall through an act of God it is your homeowner’s policy that will pay the claim.

That letter may allow your insurer to seek some reimbursement from the other party but that depends on the claim amount and how much they are willing to fight for it.
Posted by idlewatcher
County Jail
Member since Jan 2012
79209 posts
Posted on 2/23/23 at 9:45 am to
Neither their insurance nor yours will do preventative maintenance unfortunately.

I'd get in touch with the homeowner and see if you can split the cost of removal. Otherwise, you'll be buying yourself a new fence before long....or worse.
Posted by ILurkThereforeIAm
In the Shadows, Behind Hedges
Member since Aug 2020
484 posts
Posted on 2/23/23 at 9:46 am to
Go to the tax assesor's website and search the address to get the name of the owner. Then, as suggested above, contact the owner. If they don't do anything about the trees, you can try your local councilperson to get advice on what your options are.

If it's private property and there are no code enforcement issues, you probably won't be able to do much. If the property is vacant and in poor condition, you may be able to contact your local code enforcement office to see if they can designate it as blight. But even if that happens, they have to contact the owner multiple times to give them proper notice before they do anything to the property (demo the house, clear the lot, etc.)

Other than that, you'll deal with your insurance company if/when their trees damage your property.
Posted by mylsuhat
Mandeville, LA
Member since Mar 2008
48945 posts
Posted on 2/23/23 at 9:48 am to
quote:

Does anyone own the vacant property? You'd probably have to go through them if there is an owner.

bro what? lol


every piece of land in the US is owned by someone or something
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
119244 posts
Posted on 2/23/23 at 9:48 am to
Someone owns the property, find out and discuss with them.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37116 posts
Posted on 2/23/23 at 9:50 am to
If it’s vacant it may well be owned by a bank or in the foreclosure process.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41634 posts
Posted on 2/23/23 at 9:59 am to
quote:

but are you going to spend money in court to get them to pay?

He doesn’t have to. Just send a certified letter to them outlining the concerns. If/when trees fall and damage his property he can turn it over to his homeowners insurance company and they’ll spend the money to subrogate against the owner on his behalf.
This post was edited on 2/23/23 at 10:00 am
Posted by LSUSkip
Central, LA
Member since Jul 2012
17566 posts
Posted on 2/23/23 at 10:13 am to
The owner of the vacant property. Get a lawyer to write a certified letter and have the delivery of that letter documented.

quote:

Ultimately if they fall through an act of God it is your homeowner’s policy that will pay the claim.


False. If there is documentation that they were told that the trees were an issue, they (by way of their insurance) will be responsible for damage.
This post was edited on 2/23/23 at 10:16 am
Posted by HarrisonTown
Member since Nov 2019
516 posts
Posted on 2/23/23 at 10:28 am to
So first you want them to clear out the bums, now you want them to cut down the trees?
Posted by Tshiz
Idaho
Member since Jul 2013
7588 posts
Posted on 2/23/23 at 10:36 am to
Grab your chainsaw and cut them down.
Posted by sidewalkside
rent free in yo head
Member since Sep 2021
1662 posts
Posted on 2/23/23 at 10:39 am to
You have the right to trim as much of the tree back that hangs over your property line. But unfortunately you'll have to do that at your own cost.
Posted by REB BEER
Laffy Yet
Member since Dec 2010
16213 posts
Posted on 2/23/23 at 10:40 am to
quote:

every piece of land in the US is owned by someone or something


And this info is readily available.

OP, most parishes have an interactive property search map on their website. Click on the property and you'll get all the info you need to contact the owner. Like others have said, take pictures and send a certified letter letting them know there is a hazard. Insurance company will likely have to go after owner if the trees fall and there was documented proof that there was a hazard present.
Posted by deathvalleygrassmmmm
Lafayette
Member since Feb 2011
580 posts
Posted on 2/23/23 at 10:43 am to
If they do fall your home owners would kick in. It wouldn't cover the cost to remove the trees, and fences are going to be covered at ACV not replacement. Always a good idea to look up the owner through the tax accessor site and have that conversation prior to any storm. They may just tell you to F off, but it is worth a shot.
Posted by LSUSkip
Central, LA
Member since Jul 2012
17566 posts
Posted on 2/23/23 at 11:08 am to
quote:

accessor


Assessor.

Sorry, I hate grammar names, but it may save someone a few minutes.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7548 posts
Posted on 2/23/23 at 7:18 pm to
quote:

False. If there is documentation that they were told that the trees were an issue, they (by way of their insurance) will be responsible for damage.


That is not true. You don’t get a “win” just because of this documentation. It’s ultimately a civil matter.

The homeowners insurance will initially pay the claim on the home to get you repaired as soon as possible.

But if the damage is significant and the claim is big they will definitely use that letter to go after the party who owns the property where the trees are.

And you don’t need an attorney to write a letter or send anything certified. Anyone can do that on their own.
Posted by White Bear
Yonnygo
Member since Jul 2014
13908 posts
Posted on 2/23/23 at 7:22 pm to
quote:

every piece of land in the US is owned by someone or something
Like chicks with dicks.
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