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Esteemed Contributor
Posts: 6,475
Registered: ‎03-14-2015

Re: Would YOU Apologize?

[ Edited ]

How do you know for a fact that your neighbor's trees are "diseased"?

 

 

Have you had an aborist come out and physically inspect his trees, and give you a written determination, or, are you just assuming that they are diseased, simply by looking at them?

 

 

 Even the strongest, healthiest trees can fall over in a strong enough storm.

 

 

Honored Contributor
Posts: 14,938
Registered: ‎03-11-2010

@RinaRina wrote:

@Tallgal wrote:

I understand your frustration about this situation with your neighbor and his trees and being this is the second time one of his trees fell on your property.    Being you had previous discussions with him regarding the diseased trees and he did nothing to get rid of the trees on his property it appears to me that this was not a high priority on his to do list.   I don't think you will get an apologize because he doesn't see this as being his problem.  Back when i lived in a house, one of my neighbor's trees fell on my driveway and in my front yard.   I never received an apology from the neighbor regarding the tree.   Fortunately I had some great neighbors who helped me with chain saws to cut the fallen tree so that I could get access to my driveway.   


 

You'd think after living in the same neighborhoood for 26 years, he'd have the DECENCY to say something other than, "you're insurance will cover it".

BTW, he's retired -- but he's too busy to say, sorry this happened AGAIN.

 


@RinaRina That's how our neighbor is. He's retired & says he's on a fixed income & cannot afford to trim his trees. Another big lie since he sold his old truck, bought a newer one, bought a fishing boat, camping trailer, & a Corvette.???????????

Honored Contributor
Posts: 14,938
Registered: ‎03-11-2010

@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.  


@Boehm Collector We did that & they will not do anything. We were told they are trees up in the sky & just like those drones they cannot say how high up in the sky is yours???????? So just because the trees are in his yard does not mean they can say he owns them up how high? Seriously!!! The trees are on his property so he owns them. I don't care if they grow to the moon & back they are still on his property.

Honored Contributor
Posts: 14,938
Registered: ‎03-11-2010

@KingstonsMom wrote:

@RinaRina

 

We went through the same scenario, when a large limb from one of our neighbor's 4 trees, planted right along our adjoining fence lines, crashed into the side of our house and on top of DH's truck in the driveway, doing thousands of $$ in damage.

 

They were very apologetic and immediately called their homeowners insurance agent who promptly told them that it was OUR responsibility, not theirs, even though it was their tree, citing the same insurance industry standard in these situations of an  "Act of G--".

 

The neighbors stopped speaking to us after finding this out.

 

We protested to our insurance that we had made many complaints to these neighbors, as their trees had been dropping large limbs on our property for years, but not causing damage till now.

 

That fell on deaf ears, even with our own insurance company. We had to pay our deductible for repairs and I cringe every time it storms now.


@KingstonsMom We are in the same boat as you. It's not right. The property owner should have to take care of their property. We had all our trees removed so we would not have to deal with them falling thru the roof etc. Now we are suppose to pay to take care of the neighbors trees. The laws need to be changed since that is so not right. We don't talk to our neighbor anymore either. All he gets from me is the bird & some other choice words he does not like. Too bad. I told him if he did not like it he could move. LOL!!!

Honored Contributor
Posts: 19,658
Registered: ‎03-09-2010

@Nightowlz

 

In our case, our neighbor simply says he "likes the shade" from his trees, so refuses to get rid of them, even when we offered to pay half of the cost to remove.

 

We did pay to remove any limbs extending over onto our property, but the limbs are falling from the top of the trees and manage to land on our property 90% of the time, since they're so close to the fence line.

 

The limbs aren't the only problem with his trees. We have a chain link fence on the fence line and the above ground roots to these trees have it jacked up in places now.

 

Of course, when we fenced in our property with this chain link fence many years ago, he didn't hesitate to tie into our fence between us, to fence in the rest of his yard.

 

Not a bad deal for him, he got one 'free' side of chain link fencing.

 

We recently replaced the chain link fencing for our entire (large) yard, except for that adjoining side, since there's no point with those roots still in the way.

You never know how strong you are until being strong is the only choice you have.
Honored Contributor
Posts: 14,938
Registered: ‎03-11-2010

@KingstonsMom wrote:

@Nightowlz

 

In our case, our neighbor simply says he "likes the shade" from his trees, so refuses to get rid of them, even when we offered to pay half of the cost to remove.

 

We did pay to remove any limbs extending over onto our property, but the limbs are falling from the top of the trees and manage to land on our property 90% of the time, since they're so close to the fence line.

 

The limbs aren't the only problem with his trees. We have a chain link fence on the fence line and the above ground roots to these trees have it jacked up in places now.

 

Of course, when we fenced in our property with this chain link fence many years ago, he didn't hesitate to tie into our fence between us, to fence in the rest of his yard.

 

Not a bad deal for him, he got one 'free' side of chain link fencing.

 

We recently replaced the chain link fencing for our entire (large) yard, except for that adjoining side, since there's no point with those roots still in the way.


@KingstonsMom We are dealing with the same thing. His trees are all closer to our property. His have got out of hand & he's not going to do anything about it. He said he does not care because by the time they do damage to his property he said he would not be around. The large roots are getting closer to our driveway. He put a fence in the front yard that looks really stupid & connected to our fence out back. That fence needs replaced & I know he's not going to pay for any of it either. I told DH to take it down move it all on our property so he can no longer tie the one in his front yard to the one in our back yard since it will only be on our property. I think it will be funny when he finds out what's happening & nothing he can do about it.

My sister has a huge back yard & has the expensive vinyl fence. Her neighbors would not split the cost with them for the fence between them so she had theirs installed on their property so they could not connect to it. They were not happy but so what. LOL!!! They should have paid for half the fence.

Respected Contributor
Posts: 2,847
Registered: ‎03-09-2010

i live in the state of Maryland and we had a huge tall tree fall in my neighbors yard crushing a panel on his wooden fence.  We contacted State Farm and according to my agent, it wasn't our responsibility to have the tree removed.  It was my neighbor's responsibility and that's exactly what we told him.  Yes, we did apologize so you can put the rocks away.  

 

We got lucky.  Most of the neighbors wanted the tree for firewood and they all came by and chopped up the tree and removed it.  The neighbor paid for his crushed wood panel to repair the fence.  Yes, put the rocks away again ladies.  We did offer to pay for the wood panel, but he wouldn't hear of it.  

Honored Contributor
Posts: 20,143
Registered: ‎04-18-2012

take him to small claims court to recover your deductible. 

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Esteemed Contributor
Posts: 6,475
Registered: ‎03-14-2015

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.

 

 

Esteemed Contributor
Posts: 7,170
Registered: ‎03-11-2010

Lost my post... hope this is not a double.... @RinaRina  Yes,  totally what I was told.  I had some issues.  About 10 years ago two neighbor trees came down and bashed in the tops of my two cars.  But the trees were alive and well and not visibly dead or decayed.  My insurance fixed my cars... Then a few years later on my other border my trees came down across my neighbors driveway.  My insurance company directed me to TELL HIM to call his insurance company.   He was not all that happy but I was right.  My tree--- but it was not dead, decayed visibly.  I felt bad but my insurance refused and his paid.

 

However I am told:  If an owner knowingly leaves a dead tree or a damaged tree and it  falls .... it is on his dime and his insurance company must do something. If if is not an act of God and someone is neglectful then it is on them. 

 

I am in the state of Maryland. Might vary from state to state. Not sure.

 

Lucky me I live in the woods so this can be ongoing.