Neighbor's dead tree is leaning against my oak and threatening to fall on my property

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My neighbor has had a dead tree in the back of his property for about a year, last night the wind finally broke the trunk and it fell a little toward my yard but was stopped by a large oak tree on my property. I'm worried that it might break apart and fall when my children are playing in the yard. I need this tree to come down and I'm worried that my neighbor won't do it. They have a habit of only doing the kind of maintenance that is absolutely necessary. How do I approach them to make sure they take care of this problem? I'm on good terms with this neighbor and I'd like to take care of this in the most tactful way possible but I get the feeling they are going to tell me that if I want the tree down I'm going to have to pay for it myself.
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Stop worrying and ask them. Let us know what they say, and we can proceed from there.
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JoeSpareBedroom wrote:

That's first thing he has to do. I had a neighbors tree fall into my yard and he did not even know it as it was winter and he could not see the area from his house. He, his wife and son came out with a chain saw and removed it. On reflection it was probably my total responsibility. In this case there may be neighbors home owner insurance coverage.
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.
Normally if your neighbor's tree falls on your house its not your neighbors fault or responsibility. In the case of a dead tree that is obviously a hazard things may be different.
Jimmie
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Frank wrote:

The owner of the property where the tree grew might not get insurance coverage for a dead tree, but the OP might. I'd call my ins. co.
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snipped-for-privacy@earthlink.net wrote:

You never know. In-law in Cleveland got money from his insurance company for removal of branch on one of his trees threatening neighbor's garage.
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Frank wrote:

Lordy. Way overthinking this. Around here, the property line rules- it hits your land, your problem. Call a tree service, get an estimate for your part and for his part. Show it to the neighbor, and along with asking for permission for the tree guys to go on his side of the line to work, ask if he wants them to clean up the part in his yard as well. Note that around here, 'reasonable access' must be given for situations like this, but knocking on the door and asking is still considered polite. Big factor on the price will be if they can get a bucket truck back there, or if they have to do it the hard way. Do you, your neighbor, or any nearby neighbors, want the tree for firewood, assuming it is suitable for that? Running through the chipper is usually an additional charge, since they have to drag it all to the road. If they can just cut into 2-foot lengths on the ground and leave, less work for them. Grinding the stump will probably be an extra c-note, if the neighbor wants that. Around here, insurance usually only covers if tree hits house or outbuilding, or house/outbuilding is at risk. I had a tree take out my shed, and my agent told me I'd be better off eating it (the $500 above the $500 deductible), because the NEXT claim would bump me into high-risk category. So I paid the tree guy out of pocket ($325), and I am (slowly) blacksmithing the shed myself, instead of buying a replacement.
I wouldn't even dream of involving lawyers in this. It is going to cost a couple of grand at most, and even if you win, who wants to live next to an enemy? Life is too damn short, etc. -- aem sends....
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m...
my opinion from experience...........
the property owner the tree grew on knew it was dead, and didnt have it removed.
as such he is responsible for all costs.......
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my opinion from experience...........
the property owner the tree grew on knew it was dead, and didnt have it removed.
as such he is responsible for all costs.......
============
Let's all keep guessing. Meanwhile, I suspect the OP won't ever return to the discussion. He's lost in google land, trying to figure out how to find the thread he started.
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JoeSpareBedroom wrote:

That's not an "opinion," that's a FACT.
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m...
Well I had a similar problem and my neighbor paid to have the tree removed. I guess if you have money to burn, then yeah, go ahead and shell out the bucks before asking.
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aemeijers wrote:

Where's "around here?" Zimbabwe?
If anybody (neighbor, stranger, martian), through action, inaction, or negligence causes damage to your property, he is liable. "It was okay when it left my place" is not a viable defense.
Suppose your neighbor CUT his tree down and it fell on your house, killing your children and cat. "It's on your property, deal with it" would not be an acceptable response to your polite complaint.
There is no legal difference between negligently chopping down a tree and allowing a dead one to fall on its own.

I agree that a lawyer would be inappropriate at the beginning. Should a resolution not be forthcoming at stage one, a lawyer would, however, be necessary to recover the loss of heirlooms, medical expenses incurred in trying to lift the tree, pain, suffering, emotional distress, loss of consortium, punative damages, and the interests of the unidentified heirs.
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On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), against all advice,

I'm having some weed trees taken down next Friday. It will be $190 an hour. Were I in your shoes, I'd just get it done.
I guess you could present the bill to your neighbor, say his tree littered your yard and this is what you had to do to clear it up, and see what he says. Or you could ask him what he plans to do about it. Or you could have the work done, and then go see Judge Judy.
--

Real men don\'t text.



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to say:

take pictures for evidence.
--
Jim Yanik
jyanik
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wrote:

    The law will vary from location to location. However around here and I believe most places, you have the right to cut or trim any part of a tree or other plant that is on or over your property. I don't believe many if any areas require the property owner who has the base of the plant on their side of the line is obligated to pay any of the cost.
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On Sat, 09 May 2009 20:25:26 -0400, snipped-for-privacy@hotmail.com wrote:

This is true generally, yes, but it's also true that one cannot cut or trim a neighbor's plant so excessively that it dies. Discretion is the better part of valor in cases like this.
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Just want give everyone an update, I'm the OP, I've been putting off talking to my neighbor but finally talked to him the other day and now I know why I was putting it off. He basically offered to pay for half of the removal - after he tried to argue with me that the tree was on MY property! I wasn't really in the mood to argue with him considering he just found of he has cancer so I agreed with him although I really feel like I'm getting the shaft in this deal since it's his tree and it's been dead for years.
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Now you have established he is willing to pay for half the costs, why don't you offer to get it done? Then he can spend all his efforts to beat his cancer. (of course depending on the kind of cancer, you may want to hurry up or not).
--
Best regards
Han
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Joe wrote:

Look on the bright side - paying 1/2 for tree removal is a whole lot better than having cancer. :o) He may be a jerk, may just have made wrong assumptions (most of the tree IS now on your property, no?), or just preoccupied with his situation. Young? Old?
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KLS wrote:

You can trim what is over your own property, to an extent. Our bldg. code has prohibition of "mutilating" trees - likely so neighbor doesn't cut half of a tree that is over his property. Lot of logic to the bldg. codes, as far as I have read.
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