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

[StepfanKing]

"HeyBub" wrote in news:LY2dnU61CuiW9JjXnZ2dnUVZ [e-mail]:

BTK was in code enforcement.

[sligoNoSPAMjoe]

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.

[KLS]

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.

[Joe]

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.

[Han]

Joe wrote in news:8dadd703-7e9c-4413-9afa- [e-mail]:

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).

[norminn]

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.

[norminn]

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?

[aasberry]

I spoke with an insurance adjuster tonight that is licensed in every state, Canada and most countries in Europe. So I trust their opinion, which is strictly from an insurance standpoint.

First question: Did you ever discuss the dead tree with the neighbor? Or him with you? (Was he aware that it might be dangerous?)

If yes: Call your insurance company. They will remove the tree and collect from the neighbor or his insurance. There may be a limit to how much they will pay to dispose of the debris.

If no: Is the fence yours? (Yes means it is covered by your insurance) If yes: Is the dead tree touching the fence? If yes: Your insurance will pay to remove the tree to prevent addtional damage to insured property. No coverage for your tree unless you have a landscaping rider.

If the fence is the nieghbor's and the tree is touching it, his insurance will pay to remove it.

If the neighbor was not made aware of the danger and the tree is not toughing the fence then God intended for you to have that tree, dead or not. It is your responsibility to remove it.

But, God may not be finished with the tree. A late, windy night the tree could fall farther and contact the fence. Then, whoever owns the fence needs to call their insurance company.

[aasberry]

If you can get a statement from the tree trimmer that he informed the neighbor the tree was dead or dangerous, call your insurance company. They will hadle it for you.

[trader4]

You first asked about this 3 weeks ago. People giving opinions suggested a variety of options, with most of them suggesting you simply go talk to the neighbor first. And if that didn't work, then to check with the municipality code enforcement official, who may treat it as a public safety issue.

Since the tree is obviously dead and a danger, I think the neighbor would likely be responsible for damage if it occurs to other property owners when and if it finally falls. That situation is different from a tree with no obvious problems that falls, in which case the person who's property if falls from is generally not responsible. However, you aren't going to get a for sure answer here, as we don't even know where you live, let alone what the local laws may be. If you want a real legal opinion, talk to a local attorney. The attorney aside from giving an opinion, will most likely want to write a letter. And be aware that who may be responsible and actually establishing that and collecting are two different things. Since you now say a second property is in danger too, why haven't you and that owner just gone over and discussed it instead of engaging it open ended "what if" speculation?