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re: Tree and possibiliy of it falling question?
Posted on 9/20/21 at 12:39 pm to Team Purple
Posted on 9/20/21 at 12:39 pm to Team Purple
OP, i have had this exact thing happen to me.
first of all, right now, you can trim anything that hangs over the property line.
if it falls on your house, you will have to make a claim with your own insurance company. it will be up to your insurance company to subrogate with your neighbors insurance company to recoup their money.
the only issue in this is that you will not receive your deductible back until the two insurance companies settle on the numbers. do not be in a hurry to get that check.
first of all, right now, you can trim anything that hangs over the property line.
if it falls on your house, you will have to make a claim with your own insurance company. it will be up to your insurance company to subrogate with your neighbors insurance company to recoup their money.
the only issue in this is that you will not receive your deductible back until the two insurance companies settle on the numbers. do not be in a hurry to get that check.
1
Posted on 9/20/21 at 12:43 pm to Team Purple
quote:
white oak that is leaning towards my house. When it falls it will be right through my house
This tree might be 100% on your neighbors property...but, if you have determined that the tree (which hasn't yet fallen into your house) will fall into your house, then it is your responsibility to mitigate any future damage from the tree. Even if it fell tomorrow or next year...your insurance company would not cover it because you are aware of the danger.
Offer to split the cost with your neighbor to keep the peace and to get the potential hazard removed.
Posted on 9/20/21 at 12:49 pm to Bullfrog
“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 your fil removed branches without climbing trunk or standing on branches… if any of those happened he trespassed and could have been arrested… so he damaged the tree to the point of unstable.. unattractive.. or nuisance…. He cold have been sued easily…
You can trim what you can reach but not damage the look or life of the tree…
They would have valued the tree value by type (oak) and diameter of trunk… he could easily have been sued for tens of thousands of dollars….
Your fil is lucky the neighbor was nice and your fil is a jerk…
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 your fil removed branches without climbing trunk or standing on branches… if any of those happened he trespassed and could have been arrested… so he damaged the tree to the point of unstable.. unattractive.. or nuisance…. He cold have been sued easily…
You can trim what you can reach but not damage the look or life of the tree…
They would have valued the tree value by type (oak) and diameter of trunk… he could easily have been sued for tens of thousands of dollars….
Your fil is lucky the neighbor was nice and your fil is a jerk…
Posted on 9/20/21 at 12:53 pm to VABuckeye
quote:I had this very issue behind my house and contacted the HOA…..they promptly removed the dead tree.
Is there a neighbor back there or is it common land governed by an HOA?
Posted on 9/20/21 at 12:55 pm to tgrbaitn08
quote:
If the branches are over your property line you can cut them
This is illegal in Louisiana according to RS 3:4278.1 — Trees, cutting without consent; penalty. If you receive permission from the tree owner to cut the limbs, you can cut his tree.
Posted on 9/20/21 at 1:00 pm to shawnlsu
quote:
Send the property owner a certified letter requesting the tree be removed and a date for it to be removed by.
What if the property owner is the city?
This post was edited on 9/20/21 at 1:01 pm
Posted on 9/20/21 at 1:09 pm to DCtiger1
quote:
If it falls on your house, your homeowners insurance would be responsible.
unfortunately this is the case. And it makes no sense. if the tree is on someone else's property, i can't cut it down to eliminate the possibility of falling on my house. yet, if it does fall, it's on me and my insurance company to take care of it.
Posted on 9/20/21 at 1:09 pm to Mor Miles
That's why I asked if there was proximity to a power line. My city has it coded they will take care of branches close to touching the power line but if the tree is within 6 feet and endanger of falling they will contract someone to remove it. These things can vary state to state and city by city
Posted on 9/20/21 at 1:26 pm to Team Purple
quote:The mathematical probability of this is YES nearly 100%.
Tree and possibiliy of it falling question?
It will eventually fall.
The only exception being trees that are vaporized (during a nuclear event) or are surrounded by volcanic effluent, mudflow, or possibly surrounded and entombed by moving ice.
Posted on 9/20/21 at 1:32 pm to Team Purple
whoever owns the property is responsible. They do not have to cut it as far as I know, but could share in the cost as later on they would/could be culpable for ignoring the hazard on their property.
Posted on 9/20/21 at 1:34 pm to Wiseguy
quote:
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.
This. Also, your question has two parts; There is the damage the tree causes and the cost of removal of the tree. If the tree is growing completely on your neighbor's land (irrespective of overhang), then it will be your neighbor's responsibility to remove the tree when it falls. This is true even if knocked down by an act of God.
Who will ultimately be responsible for paying for the damage it causes depends on whether it has a "defect." I would argue that enough of a lean is a defect. Your insurance will cover it either way but will seek to get their money back from your neighbor if the tree fell due to a defect.
In any event, get an arborist to look at it and for God's sake, take a lot of pictures now, before it falls on your house.
Posted on 9/20/21 at 1:40 pm to Wiseguy
quote:Great point. This is going to be needed unless rot is open and obvious, because it's a knew or should have known standard and the tree must be found to have had a defect.
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
Limbs hanging over the line:
quote:
A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor.
A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.
Posted on 9/20/21 at 1:41 pm to Wiseguy
quote:
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.
The correct term in LA/MS is "methed up tree cutter."
Posted on 9/20/21 at 1:47 pm to Screaming Viking
quote:
first of all, right now, you can trim anything that hangs over the property line.
Wrong. No you cannot. Not in La. YOu have to get your neighbor's permission.
Posted on 9/20/21 at 2:20 pm to VABuckeye
Common Land!
Posted on 9/20/21 at 2:29 pm to Wiseguy
quote:
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.
He has no right to have anyone enter his neighbor's property to conduct any such inspection.
Posted on 9/20/21 at 2:31 pm to Team Purple
quote:
Tree and possibiliy of it falling question?
You won't hear it.
Posted on 9/20/21 at 2:42 pm to shawnlsu
quote:
Send the property owner a certified letter requesting the tree be removed and a date for it to be removed by.
I believe this only works if the tree is dead/dying. If it is a perfectly healthy tree and it falls then you are outta luck.
Posted on 9/20/21 at 2:43 pm to Team Purple
quote:
Common Land!
Owned by your HOA? Get on them or get them involved in the process. This is one of the (true) reasons they exist.
Posted on 9/20/21 at 3:04 pm to SixthAndBarone
quote:
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.
Not really. The op needs to make the owner of the property the tree is on that it is rotten expressing concerns that it could fall. If the tree is not visually rotten. The. The liability insurance for that property owner may deny liability.
Document document document. Email, send certified letters etc. If the property owner does nothing in a reasonable amount of time then he is negligent.
If they send a letter and the tree falls a day later you don't have much of a case. And don't rely on a conversation as if the property owner is shady he will deny that conversation ever took place
This post was edited on 9/20/21 at 3:06 pm
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