Among Friends

[newagain888888]

Heck yes, I would deeply apologize and do my best to make things right. I would also have the remainder of my trees inspected so it did not happen again. Gosh, I feel regret when large amounts of leaves from our trees affect the pristine appearance of our neighbor's lawn! My husband and I make a point of removing them as quickly as possible. The second time this happened, you had every right to be deeply upset. If the shoe were on the other foot, your neighbor would be too. The law is surprising to me and surely doesn't take into account negligence and improper maintenance on his part. If he has been negligent and continues to be, I would ask the insurance company what could be done to document that to protect yourself in the future.

[RinaRina]

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@Nightowlz wrote:

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@Boehm Collector wrote:

@RinaRina .. report him to your municipality.  In our town he would be given a notice for a specific amount of time to correct the problem.  If he fails to comply he would be fined.  

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@Boehm Collector We did that & they will not do anything.

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Yeah, I know! 

When I called, the girl said to me, "THAT'S BETWEEN YOU & YOUR NEIGHBOR.  HAS NOTHING TO DO WITH US".

Our tax dollars at work!

[Isobel Archer]

You may want to check the law in your area.  While generally a falling tree becomes the responsibility of the property owner whose property it falls on, that isn't always true - especially if the tree was dead or dying or otherwise a menace AND the property owner of the tree was notified by the neighbor who stood to receive damage from the tree that they wanted the tree removed, trimmed or whatever it took to ensure the safety of their property.

Check into it.

[RinaRina]

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@KingstonsMom wrote:

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@CrazyDaisy wrote:

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@Plaid Pants2 wrote:

When person"A" shares a property line with person "B", and person "A" wants to put up a fence on that property line, legally, person "B" does NOT have to split the cost for the installation of that fence.

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Nor can they take it down once a neighbor has tied into it.  Most municipalities as part of the permit application require permission from all parties which follow all future owners.  

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@CrazyDaisy

Not true in my area, but our fencing is 1 ft. inside our property line, so we can take it down completely if we want to, even though our neighbors on both sides have tied into it....they're legally 'encroaching'.

They would then be responsble to fence in that one side of their property.

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I'm going to have a survey done and have him MARK MY PROPERTY LINE.  I will put the new fence ON MY PROPERTY LINE.  I'll tell the fence installers to leave the chainlink fence in the neighbor's yard.

BTW,  for anyone's who's interested, the chainlink fence that is used to simply designate property lines is called a prescriptive easement.

[RinaRina]

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@qvcfreak wrote:

During Hurricane Dolly, my neighbors tree fell into our yard. Immediately after the storm, they came and told us they would take care of it. They paid for clean up and replaced the two plants that were damaged. That is awful that your neighbor just shrugs it off.

And yes, I would apologize and offer to take care of the problem.

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I always thought he was creepy.  At least now, I have a reason to IGNORE him ... forever.

[Perkup]

I have heard that in Louisiana if you send a certified letter, written by your attorney, advising him/her that some or all of his trees are a danger to your home and property, and if a certified copy is sent to his insurance company, you have shifted the responsibility from your insurance policy to his and from you to him.

I cannot definitely tell you that this is true, as I have had no issues of this kind. But I think it bears checking with your insurance carrier to see what their opinion of this might be.

[Sweetbay magnolia]

I would perhaps offer to make amends, but I also have my trees inspected and assessed by certified arborists.

My neighbors do not.  I suspect I will have to foot the bill should something happen on their side.  I try to evaluate my liability before the fact, and have a case ready should it be necessary.

I am a horticulturist by trade.

[Plaid Pants2]

That's the whole point, and what it all really boils down to, was the tree owner notified (by certified mail) that his tree was diseased/dying, as determined by a certified arborist?

Did he have foreknowledge?

[cerb]

Oh, I sympathize about this whole issue.  We have not had a tree fall onto our property, but in recent years we have had 3 neighbors plant trees right next to OUR property line.  Trees that will grow huge, planted 2 feet from our wall.  It's just a matter of time until damage occurs.  I have no idea why so many people are thoughtless and rude.

[occasionalrain]

This neighbor's trees didn't just show up overnight so you bought your home knowing they existed and that in a storm, which is beyond the control of your neighbor, one or more could damage your property. Yes, he should be sympathetic and  he's sorry it happened but you are unreasonable in thinking he should pay for your loss.

If you give it thought, you will see the reason insurance is the way it is. In a storm a roof may be lifted off one house and land on a house blocks away so tracking down where the roof originated to make that home owner pay would be prohibitive. Multiply that by all  the debris in the area and all the damage it caused, a nightmare.