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Tree and possibiliy of it falling question?
Posted on 9/20/21 at 11:49 am
Posted on 9/20/21 at 11:49 am
I live in a subdivision. Just off the back of my property, there is a humongous white oak that is leaning towards my house. When it falls it will be right through my house. Who would be responsible if it did and if I want to get it cut down, who should pay for it?
This post was edited on 9/20/21 at 12:00 pm
19
Posted on 9/20/21 at 11:51 am to Team Purple
Thread title made me believe this was going to be a philosophical question
Posted on 9/20/21 at 11:52 am to Team Purple
If it falls on you, you. The owner should pay for it to be cut
Posted on 9/20/21 at 11:55 am to habz007
quote:
Thread title made me believe this was going to be a how many pots have you smoked question
FIFY
Posted on 9/20/21 at 11:56 am to habz007
quote:
Thread title made me believe this was going to be a philosophical question
I was going to say, yes they do make a noise when they fall.
Posted on 9/20/21 at 11:56 am to Team Purple
If it falls on your house, your homeowners insurance would be responsible. Who owns the land?
Posted on 9/20/21 at 11:57 am to Team Purple
YEARS ago when we lived in BR, we had elderly neighbors that we actually shared a tree or two with on the fence line ... We spoke with them about removing and they offered to split the fee .. if we found the people and checked them out for insurance etc.
Was a great win/win for us both.
Was a great win/win for us both.
Posted on 9/20/21 at 11:58 am to Team Purple
If it falls on you, it's your problem.
You can cut down whatever overhangs your property line.
talk to your neighbor about splitting the cost of having it removed. Document these conversations (have them via text, email)
You can cut down whatever overhangs your property line.
talk to your neighbor about splitting the cost of having it removed. Document these conversations (have them via text, email)
Posted on 9/20/21 at 11:58 am to Team Purple
If it falls, will it make a sound?
This post was edited on 9/20/21 at 12:01 pm
Posted on 9/20/21 at 11:59 am to Team Purple
Send the property owner a certified letter requesting the tree be removed and a date for it to be removed by.
Posted on 9/20/21 at 12:00 pm to DCtiger1
quote:
If it falls on your house, your homeowners insurance would be responsible. Who owns the land?
That is correct assuming the tree is healthy and in good shape. In this case OP says the tree is leaning toward his property already. I would pay for an arborist to come out and give an opinion on the health and stability of the tree. If they say it should come down then present that to the owner of the property the tree is on and ask them about having the tree removed. If you like the neighbor and want to be nice offer to pay for half. If not, tell them they need to cut it down or they will be responsible when it falls on your house.
Posted on 9/20/21 at 12:01 pm to Team Purple
quote:
. Just off the back of my property, there is a humongous white oak that is leaning towards my house.
If the branches are over your property line you can cut them
Posted on 9/20/21 at 12:02 pm to Team Purple
If a tree falls on your property, it is your responsibility.
Unless... unless the tree is rotten, dead, or proven to be an issue. If this is the case, it's the responsibility of the tree owner.
Unless... unless the tree is rotten, dead, or proven to be an issue. If this is the case, it's the responsibility of the tree owner.
Posted on 9/20/21 at 12:02 pm to habz007
It could still be philosophical and up for debate. OP should build a structure to support/protect his home if the tree fell. Or the owner of the property should have the tree removed. Which is it? Why? Just because a law states something doesn't mean it is moral.
Back to the OP. (From insurance stance) Fairly certain the limb overhanging your property is your responsibility to a certain extent. If the base of the tree falls onto your property it is your neighbors responsibility. Now if the tree is split on property line and deemed hazardous you probably have some legal recourse to split the cost of removal. Surveyor or real estate attorney probably knows the intricacies a little better.
Also if there is a power line going underneath it of you live in a City they have a responsibility and will remove it usually 6 feet is the distance (I have one 10 feet and city won't remove it and commercial property behind and I Can't get in touch with them)
Back to the OP. (From insurance stance) Fairly certain the limb overhanging your property is your responsibility to a certain extent. If the base of the tree falls onto your property it is your neighbors responsibility. Now if the tree is split on property line and deemed hazardous you probably have some legal recourse to split the cost of removal. Surveyor or real estate attorney probably knows the intricacies a little better.
Also if there is a power line going underneath it of you live in a City they have a responsibility and will remove it usually 6 feet is the distance (I have one 10 feet and city won't remove it and commercial property behind and I Can't get in touch with them)
Posted on 9/20/21 at 12:03 pm to Team Purple
Act of God it is your responsibility. If rotten, their responsibility. I had this exact scenario occur. I would do what the other poster said. Have it evaluated and go from there.
Posted on 9/20/21 at 12:06 pm to Team Purple
My father in laws neighbor would not help with the cost of taking down a huge oak with large branches over both homes, with the trunk of the tree in the neighbors yard.
So he had every branch above his property, taken out. The tree was left so unbalanced, any storm would bring it down on them.
They soon went on and had it taken down at a good bit more that what their half would have been.
So he had every branch above his property, taken out. The tree was left so unbalanced, any storm would bring it down on them.
They soon went on and had it taken down at a good bit more that what their half would have been.
Posted on 9/20/21 at 12:25 pm to Team Purple
I just researched this before the storm and spoke with my insurance. Unless you can prove it was dying before it fell, it's on you.
Posted on 9/20/21 at 12:32 pm to Team Purple
Is there a neighbor back there or is it common land governed by an HOA?
Posted on 9/20/21 at 12:33 pm to SixthAndBarone
quote:
If a tree falls on your property, it is your responsibility.
Unless... unless the tree is rotten, dead, or proven to be an issue. If this is the case, it's the responsibility of the tree owner.
Oh, great... another category of impossible-to-answer question for lawyers to argue about. How rotten was that tree? Maybe we can ask the elusive "reasonable person."
Posted on 9/20/21 at 12:38 pm to SixthAndBarone
quote:
If a tree falls on your property, it is your responsibility.
Unless... unless the tree is rotten, dead, or proven to be an issue. If this is the case, it's the responsibility of the tree owner.
More or less this.
If the owner of the tree "knew or should have known" the tree posed a dangerous condition (such as the owners knowing the tree was rotten, dead, etc or, perhaps, so leaning that it was obvious it would fall at some point) then they could bear some liability.
If you are worried about it falling on your house maybe reach out to your neighbor and ask about having it removed. Offer to share in the cost of doing so if it is a big concern for you. If the owner doesn't want to remove it, then maybe send him a certified letter voicing your concerns. That way if/when it falls you may be able to establish he knew or should have known it was likely to fall.
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