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Forum topic by MrRon posted 08-01-2009 09:04 PM 907 views 0 times favorited 7 replies Add to Favorites Watch
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MrRon

10 posts in 2710 days


08-01-2009 09:04 PM

Topic tags/keywords: question

I have a very tall pine tree on my property and my neighbor wants to build a house in the shadow of that tree (actually two trees). He asked me if he could cut down those trees because he is afraid a hurricane could knock down those trees and hit his house. What is my liability in this matter? It is my belief that where he builds his house is his responsibility and if my tree falls on it, it is his responsibility, not mine.


7 replies so far

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lew

11344 posts in 3222 days


#1 posted 08-01-2009 09:11 PM

I think that if something from your property damages something on the neighbors property, it is your responsibility. Check with your homeowners insurance company to be sure.

-- Lew- Time traveler. Purveyor of the Universe's finest custom rolling pins.

View Milo's profile

Milo

869 posts in 2785 days


#2 posted 08-01-2009 09:59 PM

MrRon,

The very thing happened to me. The neighbors dead tree went BOOM into my garage, and thier insurance payed for it, not mine. However, if your trees are healthy and strong, you should be OK. Hurrincane=ACT OF GOD. If we carried out your neighbors logic, noone would have trees.

If it’s a present danger, you responsibility. If it strong and healthy, too bad for your neighbor. Tell him to suck it up. Plus you where there first.

-- Beer, Beer, Thank God for Beer. It's my way of keeping my mind fresh and clear...

View Scott Bryan's profile

Scott Bryan

27251 posts in 3288 days


#3 posted 08-01-2009 11:16 PM

This will vary according to state insurance laws. I asked my agent a few years back that same question and he told me that in Kentucky if a neighbor’s tree falls on your property due to an act of God it is your responsibility and your insurance has to foot the bill.

-- Challenges are what make life interesting; overcoming them is what makes life meaningful- Joshua Marine

View CharlieM1958's profile

CharlieM1958

16244 posts in 3685 days


#4 posted 08-01-2009 11:58 PM

Milo is right. If the trees are healthy, any damage would be the responsibility of your neighbor’s insurance. He does have the right to cut anything hanging over his property line.

-- Charlie M. "Woodworking - patience = firewood"

View BeachedBones's profile

BeachedBones

201 posts in 2868 days


#5 posted 08-02-2009 12:10 AM

I’d take some pictures of the “before”. This way you can show he had prior knowledge of the hazard, and built there anyways. Might help, might not.

-- You know.... I think that old wood needs to be furniture.

View JimF's profile

JimF

143 posts in 2759 days


#6 posted 08-02-2009 12:57 AM

I had this happen after hurricane Ike. A tree in my yard was pushed by wind over on my neighbor’s garage roof. I called my insurance and asked about liability. They said that if it just fell due to being rotten or damaged some other way, they would pay, but since it was a hurricane, it was my neighbor’s insurance that had to pay for roof damages. I did have to pay to remove the tree. I told my neighbor I would fight my insurance on it if his wouldn’t pay, but heard nothing more from him. You should be in good shape if the trees are sound and not at risk of falling under normal conditions.

-- Insert clever tag line here

View skidooman93's profile

skidooman93

36 posts in 2710 days


#7 posted 08-02-2009 01:37 AM

“Milo is right. If the trees are healthy, any damage would be the responsibility of your neighbor’s insurance. He does have the right to cut anything hanging over his property line”

This again is open to interpretation. I had a neighbor attempt this a few years ago. He was obsessed with a large oak tree that was on my property, but we basically shared. The tree had a few small braches close to his gargae. But the bulk of the tree was not a threat unless it were to get blown down. Which unless we have a storm of the millenia isn’t going to happen. Well he was obsessed with the tree getting cut down and I wouldn’t do it. So he was all planed to cut off every single branch that was on his property. This would certainly have killed the tree. As it turned out he could cut down what hung over his garage but he could not cut off all that hung on his property because this put the tree in danger, and in the end would have cost me $$ to have the rest of it removed. We never had a very good relationship after that but he moved a year ago. The new neighbors are great. So I would have cut down a perfectly good tree just to please that prick.

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