| We live in area with under quarter acre yards, side set back is 10 ft. My neighbor has quite a few very tall 60+ft poplars, some are almost on property line, i.e. within 10-20 ft off my house and covered with ivy. I constantly get large branches flying into my yard in high winds. Luckily no major damage was done so far other than dented grill and broken gazebo roof. I am willing to pay to take a couple of particular trees down.. but the owner of the house ( he rents it out) is not willing. His back yard is full of very old poplars, most of which are heavily leaning over his dwelling, half are covered with ivy. He does not leave in the house, but rents it out. When approached, he said there is house insurance for if the tree falls.... |
| what's the question |
| If his tree falls and damages your property then in many jurisdictions it will be your homeowners insurance that will need to cover the repairs, not his. That’s what he meant. |
| Op. I am asking if there is anything I can do to make him remove at least the deceased trees that are near my property? I know my home insurance will cover, but I would want to avoid having to rebuild full brand new house. Let alone somebody gets injured while being home. Another home in the area was hit by huge poplar like ours and sliced the house in half. Good nobody was home. |
| OP, I am willing to cover the expense of removal of that tree |
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Get it all in writing. Create a paper trail
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Send a letter about the dead trees. Those are your neighbor’s responsibility, generally speaking. Offer to pay half to remove them (I wouldn’t agree to pay all of it right up front). |
Unless there’s a problem with the tree, like it’s dead. Then it’s the owner with the tree’s problem. |
| I’m pretty sure, depending on jurisdiction, that if you get an arborist to certify they are dead and notify that in writing, that he will responsible for damage to your property, i.e. over the fence line. A neighbor had to do this with another neighbor of ours. But, also what an @ss. When we were renting out our house, our neighbor sent us something showing our tree was dead, which was like 5 feet from his house, and we immediately removed it. |
It will be my problem if that dead/non healthy tree falls on my home. And I am trying to save this from happening. Try to NG to see if there are ways to "make" the neighbor remove it, as I said I am willing to cover if not all, half the cost |
First check the tree ordinance for your jurisdiction. Then get an arborist report and talk to your neighbor. |
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I'm sorry, OP. Your neighbor is a menace.
There's not much you can do, legally, apart from persuading him to see an arborist and offering to pay. Continue to try to talk him into it - it's important, and tell him two things: A. People can die, and their families may sue him if it's from a tree on his property; B. Insurance never covers all the damage from falling trees. An acquaintance of mine had a large tree fall on her house and car, and not only did it take years to fight with insurance, but it also didn't pay for all the damage! It was a nightmare. |
You’re misinterpreting what I’m saying. The neighbor has a legal duty to remove dead and diseased trees at risk of falling. The neighbor does not have a duty to remove healthy trees that you fear could call, but you could ask politely. |
This. You may be able to trim the parts of the trees that hang into your property. If the arborist says trees are healthy, there isn’t much you can do. Sorry your neighbor isn’t easy to work with. |
| Some people just really don’t like having trees near the house, that’s something I’ve learned from dcum. Other people love trees. So the chances they see eye to eye on this are not good. What OP sees as a menace, the neighbor sees as a feature. |