Another Neighbor tree smashes my fence, c'mon now!

[AlDente67 563]

So after Sandy, when I had to file a claim to get my chain-link fence fixed, at great expense, now I have another one.

 

Neighbor's tree (different neighbor) got dropped in the ice bath last week.  It fell perfectly between his shed and back fence and smashed mine.  I couldn't let the dogs out in the yard to do their business, as they would easily hop out and do a runner.  So I asked the guy to deal with his tree so I could get my fence guy out and fix it.  He shrugged and blew it off.

 

As we were cutting up the part of the tree on my side, he shows up with a borrowed chainsaw and cuts up his part of it.  Didn't say a word.  No offer to split any cost.  Nothing.  He seemed annoyed that he had to clean up his own diseased treetrunk.

 

I hate this law that it is always my problem.  I'm out another $400 on top of the last $1000 because these people just don't give a damn, and I'm sick of it.

[intercooler 41]

Be glad it's a fence. My house got squashed twice by the same neighbors negligent disregard for rotted trees... I still have no sheet rock in my house as a result

[vladtepes 1,060]

People not being accountable.... Shocked I am not

[Njbanshee 9]

They would be liable if you had reported the tree as a problem. The town would come out and determine if the tree is in danger of falling. If the owner does nothing then they are liable for damages.

[RUTGERS95 890]

I never understood this rule given the tree emanates from someone else's yard and should be their responsibility

[Vlad G 345]

I make it a policy that I trim the trees from the neighbors yards whenever I think its time. Most of the time they do it themselves, whenever they didn't I ask them "Do you mind if I trim this bit of tree?", and they never said no. 

 

Should it be their problem on their dime? Probably, but you know what .. doing it myself is a hell of a lot cheaper then dealing with the insurance companies and the additional premiums and so on. 

 

I think people in general are to willing to resort to insurance companies and government intervention and not willing enough to take matters into their own hands, have a friendly  talk to the neighbor ahead of time and be willing to do some of the work for something that concerns them. 

[Porthole 15]

Been there more then once.

 

Hurricane Hugo, only damage in town was a tree from my neighbors property, on the right of way (the first 10. from the curb). From across the street the tree flattened my wife's car (totaled) and damaged mine. 2 $500 deductibles.

 

Sandy - I had several of my neighbors trees down. Took out 3 sections of PVC at $250 a section. And my deductible is - $750.

 

2 dogs that are used to running free in the back yard, so I had the same issues.

 

The only good thing about the rule/laws is that you can cut anything that is over your property line without asking.

[NJKen 23]

If the tree was dead/dying you are NOT on the hook for it.  A dead or damaged tree is a liability of its owner.  A healthy tree would be an act of god.  I have been through more crap with trees than anyone. 

Ken

[45Doll 5,897]

NJKen is correct. A diseased/dying/dead tree that collapses is not treated the same as a healthy tree that is knocked down by wind or ice.

 

If a healthy tree lands in your yard by an 'act of God' (read storm) it's your problem, no matter where it's rooted. This is commonly known in the northeast as the 'Massachusetts rule'. If it doesn't damage any of your real property (fence, car, house) your insurance company won't cover the cleanup. If it DOES damage some of your real property than you can file a claim with deductible.

 

If a tree is diseased/dying/dead and is KNOWN by the 'owner' to be so, then not dealing with it is considered negligent, and if it falls the 'owner' is liable for the cleanup and damage. BUT... it frequently must be shown that the owner KNEW about the tree's condition and refused to deal with it to make the owner 'liable'. So, if your neighbor has a diseased/dying/dead tree that you think may cause you a problem... document it. Take photos, and send a registered letter requesting that the owner deal with it in advance of damage. Then if something happens you can show that the owner was negligent and recover damages.

 

The Massachusetts Rule was implemented to stop (almost) all the arguing about who had to clean up and pay for what. If it's on your property as the result of an act of God, it's your problem.

[Bugsy732 1]

That sucks a friend had a neighbors tree fall across their yard and hit the entire from of the house. Took 3 months for things to get settled. Ended up paying out of their own pocket for repairs.

[brucin 923]

I have the same problem. My neighbors tree has a large dead branch that is over my house and deck. I asked them to take care of it but they cry poverty. I looked into paying for it myself but the tree service wanted $1500 to take it down. It's high up and not accessible with heavy equipment.

 

My insurance deductible is $500. I reported it to my insurance co (they were here estimating some damage from the same tree) and they said "we can't pay for anything until it falls" so they rather be on the hook for several thousand in repairs and I refuse to pay more than my deductible to remedy the situation.

[tony357 386]

A friend of mine had a large tree branch  over hanging from his neighbors that was hanging loose. the twp said it was his responsibility since it was overhanging onto his property.. eventually him and the neighbor split the cost to have the tree trimmed..    

[EWC88 24]

I have a neighbor who has a huge tree right by the fence line and we have some decent size beaches hanging over our side. Of course the branches that are on our side are mostly dead. He said when he moved into the house he was going get the tree removed but hasn't because price would be over a grand to do he was quoted. I always get nervous because I just built a shed right where branches are. I can't complain to township either because one the neighbor is cool, 2 he's a cop lol, and 3 I built my shed not to proper codes I know so I'd screw myself.

 

Then again his shed isn't done in proper codes either lol.