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Message
Tree question
Posted on 2/26/18 at 12:45 pm
Posted on 2/26/18 at 12:45 pm
I’m having an issue at my 97 year old grandmothers house regarding a tree. Tree is in neighbors backyard on the fence line but is on neighbors side of the fence. Tree was struck by lightning last year. There is a pretty significant split in the tree from the lightning. Nothing done by home owner. Yesterday there was significant wind in the BR area I’m being told. In my opinion, the tree is dead. Tree split even further from the wind. At this point the safety of my grandmother and her home are in jeopardy. If that tree comes down it’s coming in her direction. What steps should I take from here ? I’m in Houston and trying to handle the situation from a distance .
Thanks guys.
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Thanks guys.
[/URL][/img] [/URL][/img] [/URL][/img]This post was edited on 2/26/18 at 6:47 pm
10
Posted on 2/26/18 at 12:57 pm to Teauxler
Are y’all friendly with the neighbor? Even if not give them a call and express your concerns. Also doesn’t some homeowners Ins cover this?
Posted on 2/26/18 at 1:31 pm to Teauxler
If you know which insurance company insures the neighbor's house you can send them a letter with the photos and there is a good chance they will force the homeowner to deal with the tree.
Posted on 2/26/18 at 1:31 pm to LSUEnvy
quote:
Also doesn’t some homeowners Ins cover this?
Yours if it falls on your house and theirs if if falls on their house.
Posted on 2/26/18 at 1:38 pm to lsujunky
quote:
Yours if it falls on your house and theirs if if falls on their house.
If the tree is in their yard and shows obvious lightning damage and it falls on the grandma's home, then the liability coverage from the neighbor's insurance would have to deal with it.
Posted on 2/26/18 at 1:43 pm to Teauxler
Have your grandmother's home owner's insurance company come take a look at it. They will get in touch with the neighbors insurance and have it taken care of.
Posted on 2/26/18 at 1:55 pm to Teauxler
I would personally communicate with the neighbor and your insurance company both in writing for documentation purposes. Tell them both your concern for your grandmother's house and health.
Posted on 2/26/18 at 3:20 pm to wickowick
quote:quote:
Yours if it falls on your house and theirs if if falls on their house.
If the tree is in their yard and shows obvious lightning damage and it falls on the grandma's home, then the liability coverage from the neighbor's insurance would have to deal with it.
Not sure about other states but not in Louisiana. Your homeowners should cover that minus deductible. They'll pursue any suit if they think it is warranted, as I understand it.
If it were proven they knew it was a hazard, I think that would also give their insurance an out, anyway, and they would probably have to be sued directly to recover anything. Better for your insurance to have to deal with that than you.
Posted on 2/26/18 at 3:29 pm to wickowick
quote:
If the tree is in their yard and shows obvious lightning damage and it falls on the grandma's home, then the liability coverage from the neighbor's insurance would have to deal with it.
Damage looks visible only from Grandma's house. Best if OP sent certified letter w pics to neighbor warning of hazard, so he has foreknowledge of the danger.
Posted on 2/26/18 at 3:30 pm to Teauxler
Request the neighbor do something about the tree in writing so it is documented before there is a problem. That puts is on them.
If you don't say anything before it falls, it can become your problem if it falls in your yard.
If you don't say anything before it falls, it can become your problem if it falls in your yard.
Posted on 2/26/18 at 3:31 pm to Teauxler
Honestly from the looks of that tree, my untrained eye says it wasn't lightning that hit it. I think lightning usually leaves a strip of missing bark all the way down to the ground and that looks like it's just a small section that's missing. Could it be possible that the tree has some sort of disease?
Posted on 2/26/18 at 3:46 pm to TDsngumbo
That is lighting strike. What happens is that there was water/rain at the time and the lighting traveled to that. Reason as to why it is not all the way to the ground.
Posted on 2/26/18 at 3:53 pm to fishfighter
I agree with it being a lightning strike
Posted on 2/26/18 at 4:02 pm to fishfighter
quote:
That is lighting strike. What happens is that there was water/rain at the time and the lighting traveled to that. Reason as to why it is not all the way to the ground.
Huh... learned something new.
Posted on 2/26/18 at 4:02 pm to Teauxler
At the very least, make sure the neighbor knows about it...it would be impossible to see that from their house. I would think they would be interested in getting to fixed as well, if they a) know about it and b) are semi-responsible people.
they may have no idea.
they may have no idea.
This post was edited on 2/26/18 at 4:03 pm
Posted on 2/26/18 at 4:07 pm to CoachChappy
quote:
Have your grandmother's home owner's insurance company come take a look at it. They will get in touch with the neighbors insurance and have it taken care of.
Bad advice.
1. Unless they're both insured through the same insurance company, how does his grandma's insurance company know who the neighbor is insured through. Homeowners insurance isn't like auto insurance with the electronic reporting to DMV.
2. You're bringing up a red flag to your grandma's insurance company. In Louisiana, if your grandma has been with that insurance company less than 3 years, the company can non-renew her policy for damn near any reason they see fit. So they could decide that the neighbor's damaged tree poses a risk and they could decide they don't want to renew grandma's policy unless the tree issue is taken care of.
Talk to the neighbor first to express your concerns and ask them if they can have it taken care of. If they refuse or don't do anything, contact the local department of code enforcement and make them aware of it. They should send out an inspector and will force the neighbor to handle it if its deemed to be a danger.
Posted on 2/26/18 at 4:11 pm to SportTiger1
OP, that looks like a water oak. Good size one with about 50-60 years on it. It's at it's end of life, but yet I see them live over 75 years. I would wait to see if it is dead first before pissing off people. Trees can survive lighting strikes and heal.
Posted on 2/26/18 at 4:12 pm to Tiger Prawn
I just wanted to say that tree is gonna be $$$$$$ to cut down...
Im assuming its an older neighborhood as 90 year olds rarely move, so you may be in a situation where the neighbor can't really afford to pay for the tree to be cut down unless they are forced to pay.
It looks quite aways away from the house, if it does fall are you sure it will even reach?
ETA: She is legally allowed to trim any branches over her property right? She could hire a crew to cut all the limbs from say a bucket truck on her side. That would make it more liable to fall on your neighbors property...
Im assuming its an older neighborhood as 90 year olds rarely move, so you may be in a situation where the neighbor can't really afford to pay for the tree to be cut down unless they are forced to pay.
It looks quite aways away from the house, if it does fall are you sure it will even reach?
ETA: She is legally allowed to trim any branches over her property right? She could hire a crew to cut all the limbs from say a bucket truck on her side. That would make it more liable to fall on your neighbors property...
This post was edited on 2/26/18 at 4:16 pm
Posted on 2/26/18 at 4:32 pm to Teauxler
Law Explanation
This has a decent explanation of the laws. It is a little old so the statutes may have changed slightly. Summary is to notify the neighbor in writing that the tree is damaged. If it falls and does damage, he will be liable.
There is not a clear statute that I know of on your neighbor's responsibility for preemptively clearing a tree if it is dead to prevent future damage.
This has a decent explanation of the laws. It is a little old so the statutes may have changed slightly. Summary is to notify the neighbor in writing that the tree is damaged. If it falls and does damage, he will be liable.
quote:
Art. 688. Branches or roots of trees, bushes, or plants on neighboring property. 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. Acts 1977, No. 514, §1.
There is not a clear statute that I know of on your neighbor's responsibility for preemptively clearing a tree if it is dead to prevent future damage.
Posted on 2/26/18 at 4:39 pm to Tiger Prawn
quote:
You're bringing up a red flag to your grandma's insurance company. In Louisiana, if your grandma has been with that insurance company less than 3 years, the company can non-renew her policy for damn near any reason they see fit. So they could decide that the neighbor's damaged tree poses a risk and they could decide they don't want to renew grandma's policy unless the tree issue is taken care of.
No, yes, and no.
No, your homeowners insurance company doesn't give two flying rats' shite about your neighbor's property. The reason is because you can't be rated by your homeowners insurance company for your neighbor's shitty habits.
Yes, in Louisiana a homeowners insurance company can cancel you after the first claim, regardless of fault. If the neighbor's tree comes down, don't contact your grandma's insurance company. Contact your neighbor's insurance company. If they don't cooperate in telling you who they're insured with, file a police report and get the police to gather that info.
No, they can't non-renew your grandma's policy due to her neighbor's tree being a liability.
Insurance is very simple and most people don't think it through properly, making it seem much more complicated than it is. And insurance company is only allowed to "discriminate" against a customer based off of facts about THAT CUSTOMER. In other words, a person can be rated for past claims, which are factual. But you can't be penalized for living next to a guy who always makes a claim.
Your grandma's insurance company doesn't give a damn about her neighbor's negligence because in the event of negligence on the part of the neighbor that causes damage to your grandma's property, they're off the hook for that. That falls completely on the neighbor.
If my house burns down because I left something on the stove, my neighbor's insurance company won't do a damn thing to his policy. Not his or their problem. It's my problem. Same applies with this tree and your grandma.
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