Who is responsible for tree damage (neighbors tree) (1 Viewer)

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My neighbor has 3 trees on their property. They look alive in some spots and turning black in others. I'd say 90/10. Everyone couple of weeks I go around and pick up all the branches since the people don't live in the house. Problem #1. Two of the trees have large branches that overhang over my house. Problem #2. I don't know the persons name who owns the house and I haven't seen them in a few months. Last I talked to them , I asked to buy the property and I would cut the trees down. Supposedly, he is "renting" the house from his aunt. Anyway, my question is who is responsible of these falling branches? If I contact them somehow and tell them that the trees keep dropping large branches, are they responsible? I don't know if they have insurance since no one lives there. Someone does mow the grass, but I've never seen it since I moved here. I started taking photos untouched so the EXIF shows the date taken. I am hearing so many mixed stories and I don't know who to ask. Do I call up a local lawyer and ask?

Here is the latest culprit

tree.jpg
 

HouseCall

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This is a similar problem to something I'm going through right now. Three HUGE water oaks are on my neighbor's property. They are clearly on his property but the heavy and prone to falling branches tower over my roof top and car port.

Here's what I've been told: The property line goes up to infinity. If the trees over hang on your property, you can trim them to the property line - without their consent.

If the tree falls on your house, your homeowners insurance will cover it, unless they have been informed of the issue and ignored a potential issue.

The best way to address it is to send them a registered letter stating your concerns and asking for some cooperative resolution. It's mostly a legal CYA in the event the tree damages your property as you will be covered under your policy, but obviously all deductibles will come out of your pocket.
 
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This is a similar problem to something I'm going through right now. Three HUGE water oaks are on my neighbor's property. They are clearly on his property but the heavy and prone to falling branches tower over my roof top and car port.

Here's what I've been told: The property line goes up to infinity. If the trees over hang on your property, you can trim them to the property line - without their consent.

If the tree falls on your house, your homeowners insurance will cover it, unless they have been informed of the issue and ignored a potential issue.

The best way to address it is to send them a registered letter stating your concerns and asking for some cooperative resolution. It's mostly a legal CYA in the event the tree damages your property as you will be covered under your policy, but obviously all deductibles will come out of your pocket.

I think my deductible is $5,000.
 

HouseCall

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I would cut the branches/limbs that hang over your house. If it's on your property, you can remove it -- especially if it's a threat.
I'm no lawyer, but I think you have rights as a property owner to protect your property.
 

soggymoss

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You can definantly cut anything hanging over on your property without any repercussions. My dad went through that same thing a few years ago. If I was you though just to be courteous I would find the people and alert them of the situation and see if they resolve it. If not then break out the chainsaw.
 

You

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yeah, you should make every effort to notify them even if it means a registered letter.

Ask them to remedy the situation with a reasonable deadline. Be courteous.
If they don't respond or comply, then you can cut it back as long as you don't go on their property.
 

SAINT BIGAL

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I agree with the others who would make every effort to inform the homeowner of your concerns. You may also want to contact your insurance company as they may be able to offer you some advice.
 

kansast

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Heck if I know. what little experience I had was a large tree of mine was leaning over and on it's way out and would have probably landed on the neighbors tool shed. I had assumed that if it did fall, my insurance would cover it. But the story I heard was that if say a storm had caused the tree to fall it would be covered. If the tree fell because I was negligent with what should have been "typical lawn maintenance" I would be responsible. So I paid to cut it down, made for some great bon-fires :)

meanwhile my idiot neighbor on the other side of me has trees with branches that have landed in my yard, and took out a bush or two of mine. For those keeping track, this was the neighbor that called the cops on my nephew who had mowed my yard and left a tire rut about a foot long a few feet into the their yard. her 3 acre yard by the way.
 

bozoka45

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This is a similar problem to something I'm going through right now. Three HUGE water oaks are on my neighbor's property. They are clearly on his property but the heavy and prone to falling branches tower over my roof top and car port.

Here's what I've been told: The property line goes up to infinity. If the trees over hang on your property, you can trim them to the property line - without their consent.

If the tree falls on your house, your homeowners insurance will cover it, unless they have been informed of the issue and ignored a potential issue.

The best way to address it is to send them a registered letter stating your concerns and asking for some cooperative resolution. It's mostly a legal CYA in the event the tree damages your property as you will be covered under your policy, but obviously all deductibles will come out of your pocket.

That's correct. You own the air above the property and the ground below.
 

MLU

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This is a similar problem to something I'm going through right now. Three HUGE water oaks are on my neighbor's property. They are clearly on his property but the heavy and prone to falling branches tower over my roof top and car port.

Here's what I've been told: The property line goes up to infinity. If the trees over hang on your property, you can trim them to the property line - without their consent.

If the tree falls on your house, your homeowners insurance will cover it, unless they have been informed of the issue and ignored a potential issue.

The best way to address it is to send them a registered letter stating your concerns and asking for some cooperative resolution. It's mostly a legal CYA in the event the tree damages your property as you will be covered under your policy, but obviously all deductibles will come out of your pocket.
This. I used to climb/cut trees and this was a weekly question from customers.
 

LKN H20Girl

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Heck if I know. what little experience I had was a large tree of mine was leaning over and on it's way out and would have probably landed on the neighbors tool shed. I had assumed that if it did fall, my insurance would cover it. But the story I heard was that if say a storm had caused the tree to fall it would be covered. If the tree fell because I was negligent with what should have been "typical lawn maintenance" I would be responsible. So I paid to cut it down, made for some great bon-fires :)

meanwhile my idiot neighbor on the other side of me has trees with branches that have landed in my yard, and took out a bush or two of mine. For those keeping track, this was the neighbor that called the cops on my nephew who had mowed my yard and left a tire rut about a foot long a few feet into the their yard. her 3 acre yard by the way.

What ended up happening with that?
 

BHM

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That's correct. You own the air above the property and the ground below.


Hmmm... so all those planes flying over my house are actually trespassing. What is the going rate for renting airspace to commercial airlines? :scratch:
 

parlorcitysaint

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In this area, you can get a list from the county tax assessor's office regarding who actually owns the property. You should start with the equivalent office there. It doesn't do any good to get into a slap fight with somebody who doesn't even own the place. Find out for sure, then send them a registered (and notarized, if it were me) letter regarding the issues.

In this area, I don't believe that the owner of the tree has any responsibility concerning whether branches may hit your home. Hence the option for you to trim it exists. If you had no such option, the culpability would be his entirely. As I said, that's up here, though. Down there, it may be a whole 'nother story.
 

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