 Neighbor's Tree (by Max [MA]) Dec 3, 2011 1:10 PM
 Neighbor's Tree (by Curious The George [NC]) Dec 3, 2011 1:14 PM
Neighbor's Tree (by Steve [MA]) Dec 3, 2011 3:07 PM
Neighbor's Tree (by Reid [KS]) Dec 3, 2011 5:23 PM
Neighbor's Tree (by BRAD 20,000 [IN]) Dec 3, 2011 11:26 PM
Neighbor's Tree (by Jim [OH]) Dec 4, 2011 7:07 AM
Neighbor's Tree (by Wilma [PA]) Dec 4, 2011 11:53 AM
Neighbor's Tree (by Max [MA]) Posted on: Dec 3, 2011 1:10 PM
Message:
During the recent snow storm here in MA, a neighbor's tree fell into the parking lot of one of my rental properties. There was a cost involved to clean up the debris. I spoke with my insurance company and they said I would need recoup the money from the owner of the neighbor's house, or possibly their insurance company. The neighbor is being less than cooperative. Is my only option to take him to court?
--71.174.xxx.xx |
Neighbor's Tree (by Curious The George [NC]) Posted on: Dec 3, 2011 1:14 PM
Message:
My insurance on my rental property has a $5000 deductible. No way would I speak to the insurance company about cleaning property. Damage the building, we got something to talk about.
How much money did you spend to get the tree cleaned up? --24.136.xxx.xxx |
Neighbor's Tree (by Steve [MA]) Posted on: Dec 3, 2011 3:07 PM
Message:
Did your neighbor do anything to make the tree fall?
Did the neighbor throw debris from his yard into your parking lot?
Had you previously notified the neighbor that their tree was in bad shape & it might fall?
If the answer to all of these is no then it would be considered an act of God & you are on your own for the clean up on your property & your neighbor is on his own for cleaning up the debris on his property. --72.85.xxx.xx |
Neighbor's Tree (by Reid [KS]) Posted on: Dec 3, 2011 5:23 PM
Message:
Unless Ma is quite a bit different than Ks I believe Steve(Ma) is correct. I had a tree fall against a neighbors house last spring during a thunder storm . I had to pay to cut and clean up what was in our Rental's yard and Neighbor had to pay for what landed in their yard. --99.103.xxx.xxx |
Neighbor's Tree (by BRAD 20,000 [IN]) Posted on: Dec 3, 2011 11:26 PM
Message:
If my tree fell on your property, my ins would pay (minus my deductible) to "clear the property line" 3 feet either direction.
If your tree fell on my parking lot, my ins would only pay for damage to improvements on the land (buildings, damaged asphalt...)
Generally, the law says that the property line goes straight up, so the limb hanging over your land belongs to you. The tree than blew into your your is now yours.
That said, a recent storm blew a neighbor's monster tree into our rental yard. After a handful of "clean up your mess" calls to that neighbor (a mobile home park who I thought would use the law against us) finally removed the tree and repaired our fence.
We had nothing to lose by asking and a little persistence paid off - about $2000 worth!! --50.129.xxx.xxx |
Neighbor's Tree (by Jim [OH]) Posted on: Dec 4, 2011 7:07 AM
Message:
Court because of a tree? What are you thinking? The neighbor is going to be there long after the cleaned up mess.I can think of a lot of things worth going to war with a neighbor over but tree debris from a storm is just a suck it up and move forward thing. Think Karma. --71.65.xxx.xxx |
Neighbor's Tree (by Wilma [PA]) Posted on: Dec 4, 2011 11:53 AM
Message:
Just had that happen ourselves, except it was on the garage and lawn, not a parking area. We talked it over in a friendly manner with the owner, and decided that we would cut up whatever was burnable in our woodstove, and also neatly stack the branches away from the back doors. Owner (elderly lady) then had her landscaping guy come to chip all of the branches on both yards. We even got a load of chips out of the guy - when we asked about the chips from the tree, and he said, "Nah, too many leaves, let me bring you a nicer load later this week." - which he did! It's always best to work with the other person whenever possible. --71.185.xxx.xx |
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