Dumb tree law

HDRchampion · Jul 27, 2016

So couple of weeks ago, my next door neighbors tree split & landed on the side of my house.

I just got a call from the neighbors insurance that im responsible to fix the damage of my house that the tree cause & not my neighbor.

Apparently only if you have certified letter informing them that their tree is hazard, they would cover it.

Its dumb, like how the fuck would i know that their tree is splitting in half or its rotting.

So FYI, you guys need to be proactive in letting your neighbor know about their tree. Make sure its certified, so in case a tree ever falls on your property, hopefully you wont be responsible for it.

GohanX · Jul 27, 2016

Call your own homeowners insurance company, let them duke it out. A friend of mine is going through the same issue except in reverse. Part of his tree broke and fell on the neighbors property, the friend called his insurance and they told him it was the neighbor's problem.

BanishingFlatsAC · Jul 27, 2016

HDRchampion said:
So couple of weeks ago, my next door neighbors tree split & landed on the side of my house.

I just got a call from the neighbors insurance that im responsible to fix the damage of my house that the tree cause & not my neighbor.

Apparently only if you have certified letter informing them that their tree is hazard, they would cover it.

Its dumb, like how the fuck would i know that their tree is splitting in half or its rotting.

So FYI, you guys need to be proactive in letting your neighbor know about their tree. Make sure its certified, so in case a tree ever falls on your property, hopefully you wont be responsible for it.

It's called an act of God. If a tornado blew your neighbors tree over it wouldn't be their fault. It's why you have home owners insurance.

HDRchampion · Jul 27, 2016

The thing is that it wasn't a storm, we haven't had a storm probably over 5 years if not longer. Even then the storms are pretty mild. Their tree was just getting too big & they didn't prune the branches letting it grow out. Eventually the weight got to heavy & cause the tree to snap.

Not sure if that is Act of God, seems like some negligence or probably would have been prevent if they cut their branches down.

If this Act of God law can be used at all times, then there should be some kind of law where trees should not be close to a person property. As it can be a endangerment to themselves or others.

BanishingFlatsAC · Jul 27, 2016

HDRchampion said:
The thing is that it wasn't a storm, we haven't had a storm probably over 5 years if not longer. Even then the storms are pretty mild. Their tree was just getting too big & they didn't prune the branches letting it grow out. Eventually the weight got to heavy & cause the tree to snap.

Not sure if that is Act of God, seems like some negligence or probably would have been prevent if they cut their branches down.

If this Act of God law can be used at all times, then there should be some kind of law where trees should not be close to a person property. As it can be a endangerment to themselves or others.

If the branches came into your yard, you have the right to prune them. You gotta be a little.proactive man. And no, cutting down all your trees is not the answer.

HDRchampion · Jul 27, 2016

Yes i do prune them if they go to my property but i can only go so high. This was over 30foot tree branch. Should be part of the neighbors respnsiblity to let their property not invade our space.

StevenK · Jul 27, 2016

Any half decent neighbour would just offer to sort it out regardless of what the insurance company says. Sorry to hear you have a twat of a neighbour.

MuppeT · Jul 27, 2016

HDRchampion said:
The thing is that it wasn't a storm, we haven't had a storm probably over 5 years if not longer. Even then the storms are pretty mild. Their tree was just getting too big & they didn't prune the branches letting it grow out. Eventually the weight got to heavy & cause the tree to snap.

Not sure if that is Act of God, seems like some negligence or probably would have been prevent if they cut their branches down.

If this Act of God law can be used at all times, then there should be some kind of law where trees should not be close to a person property. As it can be a endangerment to themselves or others.

I hear you .. but keep in mind you seen them branches get big and heavy and not getting pruned as it didn't happen within a day. All you had to do is ask the neighbor to do something about it ... and if he declined you had a case.
Sadly now as this has happened the law is not on your side. Get your neighbour to help you and clean the shit. It doesn't look that bad.

uiengineer · Jul 27, 2016

Have a consultation with an attorney in your state. The general rule is that the insurance of the property that was damaged would be the one covering the claim/damage. To get the neighbors insurance on the hook, it comes down to how negligent the neighbor was in maintaining the tree or removing the hazard (or how obvious the hazard was). I've never heard of a certified letter being required, but it could be different in whatever state you're in. You may have the burden of proving that it was a hazard. Good luck to you, man.

BanishingFlatsAC · Jul 27, 2016

The fact that you think people should be pruning branches 30ft high is hilarious. If your neighbor is a dick and won't at least split the fence cost with you, suck it up and just file a claim.with you home owners insurance. People aren't negligent for not pruning a tree 30ft in the air. Shit happens.

mjmjr25 · Jul 27, 2016

As others have said. Contact your homeowners insurance - it's akin to having full coverage on your vehicle. You come home and someone damaged your vehicle. Maybe you can prove who did it, maybe you can't, either way you have full coverage insurance for a reason.

If your homeowner's insurance wants to go after the neighbor's insurance, or the neighbor himself, for at-fault compensation - that's their option to do so, but really has nothing to do with you. They need to take care of the home they are insuring.

Perhaps as another example - we recently got crushed by storms in Duluth, MN. Thousands of hundred year old trees uprooted, snapped in half, etc. It technically was never called a tornado - but there was no difference. People had trees from literally undetermined locations hit their homes and do damage. They couldn't go after neighbor x or y - they couldn't determine which tree it even was, but that's the point, it doesn't actually matter. You insure YOUR home.

Images if anyone is interested: https://www.google.com/search?q=dul...wJTOAhXKOD4KHdGJD24Q_AUICSgC&biw=1280&bih=923

HDRchampion · Jul 27, 2016

Im not talking about pruning, im talking about just cutting the branch off completely from the main tree. Having something that tall nearby houses is pretty dangerous to have. That's why people cut down trees to prevent from falling on to property all the time. The tree has several big branches & it can fall on the other neighbor to the right too..

The thing is, i found out that the neighbor doesn't have to do anything at all. As long as the tree is not dead or decaying, they can let it grow however they want. If it happens to fall onto another person property, its the other persons problem.

I just made this thread because i never knew about this stuff & i find it pretty silly that such a law exist.

hyper · Jul 27, 2016

what kinda damage?

pics pls

btw you could probly cut down a good amount with just a machete and sharpening stone

mr_b · Jul 27, 2016

Once you file a claim, if the damage exceeds your deductible that is, your insurance will definitely be calling your neighbor's insurance and they can duke it out. It's very easy for the neighbor to not do anything as the law doesn't require them to, but once you make a call to your insurance you can damn well bet your claim adjuster will see the situation and know if there is any money they can squeeze out of the neighbor.

Bottom line, call your insurance. They have more pull than you do.

hyper · Jul 27, 2016

don't you want to figure out how much the actual damage is gonna cost to repair first?

if its a trip to home depot and $100 paying a deductible and waiting around wouldn't be worth it

hyper · Jul 27, 2016

or lowes w/e

HDRchampion · Jul 27, 2016

Besides the fence, the roof gutters got dented up a bit. Also, our new patio deck got scratched up a little when they did the tree removal.

I'll probably not even bother reporting it to my home owners insurance & just pay out of pocket to fix it or just deal with the cosmetic flaws. I needed a new fence anyway.

Cant risk my insurance to go up or get cancelled.

mjmjr25 · Jul 27, 2016

Unless you have a history of claims, it's unlikely to get cancelled or even go up on a first claim. When you call - make sure you cite EVERYTHING. If something looks small now - report it. Dented kids bike, chipped railing, loose piece of siding, etc - EVERYTHING. They have a flat rate they are going to pay out on each item, but once that check is cut and you sign off - you can't go back 30 days later and tell them about something else.

Even in a worst case scenario and you're canceled - there are plenty of places that will be very happy to take your business and insure you.

Ip Man · Jul 27, 2016

stevenk said:
Any half decent neighbour would just offer to sort it out regardless of what the insurance company says. Sorry to hear you have a twat of a neighbour.

1+

i remember when my mum reversed the car into our neighbours car by accident. and our neighbour was nice enough to tell us not to worry about it. he said if the repairs are out of his budget, he'll tell us to pay a small some to fix it. if not, he'll pay for the whole thing. and that's what he did. my mum didn't have to pay a thing. that's how neighbours should be.

Tripredacus · Jul 28, 2016

stevenk said:
Any half decent neighbour would just offer to sort it out regardless of what the insurance company says. Sorry to hear you have a twat of a neighbour.

Yeah man, talk to your neighbors. It works fine. My neighbor complained about one of my trees and he says he wants to cut the branches that go over the property line. Go for it, who cares?

K_K · Jul 29, 2016

My parents have a tree who's roots grew down into the sewage pipes of the house and cause the toilet to backup on a weekly basis. They decided to cut the fucker down. Apparently the neighborhood association doesn't allow this. My parents own their house, and have had it paid off now a few years so they decided fuck the homeowners association and cut it down, got a chipper and chopped it up, and had the stump removed and in its place put in some grass. The damage to the pipes is something they can't afford to fix, but it doesn't seem to matter because the toilet works fine for now. I just hope I don't get left the house when they die.

Lesson here: chop down the fuckers. Trees are a nuisance. Homes for bugs, rot, mold, fungus, and rodents. If there was some sort of tree removal service that you could hire to quickly get rid of the whole thing while the neighbors were away, do it. Don't think about the consequences!

BIG BEAR · Jul 29, 2016

https://www.ncsu.edu/project/treesofstrength/benefits.htm
If they grow too large to where they become a problem you may have to cut them down completely but before you do that it would probably be best to plant a new one to fill that void.
BB

bloodhokuto · Jul 29, 2016

I would tell the neighbour's insurer that it is not your duty to do anything about that tree. But your neigbour does have a duty to ensure that trees on their property do not fall down and cause damage.

Res ipsa loquitur and all that, can they prove the neighbour has no negligence and they have no liability?

That's what I would say in the UK, bit of a try on, but stuff like that is a bit more flexible over here. Unfortunately I do not know US or your state law, and knowing the US, big corporations regularly screw over individuals, so maybe you are indeed fooked.

HDRchampion · Jul 29, 2016

Actually got done talking to state farm, neighbors insurer...Looks like i cant submit any claims & its my insurer responsibility to fix any damages cause by my neighbors tree. Reason is that they could not find any evidence of the neighbors negligence.

I asked what happens if the other branches of the tree decides to snap & fall onto my house again, wouldn't this prove that the tree is indeed risk/endangerment to people/property. Neighbor should be responsible right? If the the tree is healthy no.

Looks like im shit out of luck & its up to the neighbor if they want to keep the tree. I mean, it can hit their house too, so im hoping for the best.

NeuroticMoose · Jul 29, 2016

out of curiosity is this a state thing, an insurance thing, or a federal thing? I'd be interested to know if the law changes depending on where you live. Seriously sucks either way though.

Dumb tree law

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