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Philphine 06-09-2010 02:15 PM

the big dead tree next door (kinda long)
i'm not sure what section this would go in, or if it's a diy subject at all, but i need to start asking somewhere. i'll add some pics in a day or so. my home computer is down.

since i moved here about 3 years back there's been a big dead oak tree in the yard next door. huge, dead top to bottom, and kind of looms over the part of my yard where the deck and one side of my garage is. even moreso since i extended the deck out into the yard some. about once a year or so a big branch falls out of it.

today a big branch fell and hit the deck without causing too much damage, but it did break a fountain i had in a small plastic pond, and may have put a hole in the pond also (rainy day so the pond is still really full). the most serious thing was it hit the chain link fence bettween our houses and bent it down pretty good. about two feet more to the left and it would have messed up a bench built into the deck pretty bad, and possibly a glass patio table also.

i'm not too happy about the damage, but really i'm more worried about other branches falling. they seem to just break out of the blue. the one today broke just after it had been raining and the sun was shining at the time. other times there have been ice storms and a freak wind storm and nothing fell.

ok, all that to ask, is my neighbor responsible for that tree? they moved in maybe a year after i did, so the tree was there dead already, but are they still responsible if it's in their yard?

i'm not wanting to try and make them pay for the current damage, but i wish the tree could come down. i was just inside the garage door today. if i were on the other side of the door i'd have been hit or trying to dodge it, and i worry if i were to have guests out on the deck, along with the deck it's self, and maybe my garage if a branch fell just so. i'm thinking the tree is just going to get more rotten and eventually things will get worse.

i work second shift and didn't get an answer when i knocked on their door, so i just left a note before i went to work today to ask them to look in the back yard and also to consider cutting the tree down or back or something. i tried to make the note as non antagnonistic as i could.

the only other person i've asked so far is my brother, who said call my insurance co. and see what they say. that they would probaly get in touch with the neighbors and see what could be done since they would have to cover any damage to my property if things get worse, but i figured i'd ask the neighbors myself first 'cause i thought it might be better that way.

thanks if you read this far, and for any advise you might have.

frozenstar 06-10-2010 10:14 PM

Well I guess if it's on their premises, it should be their responsibility. But I think it's right to ask them personally first. Hope you can upload some pics. :)

Philphine 06-11-2010 05:49 AM

here are the pics

the green in the pics are other trees this tree is compleatly dead.

this was all the damage in the yard it's self. there was a water pot fountain over this small pond that got smashed and it broke the bracket that hung it over the pond. now with the rain done i can tell that it did make a hole in the pond also. i was gonna pull the pond out anyway and replace it with a liner, and i can reweld the bracket, but the pot i found in a thrift store and don't know where to find a new one or what it would cost.

the fence is actually a couple inches higher than the back of the deck bench in the pic. the branch bent it down from that height. the damage i can live with (hopefully the fence can just be bent back up or something), but i don't know how lucky i'd be next time. while i was looking this morning i saw another branch had fallen, but it was a much smaller one that happens kind of regulary and doesn't do anything damage wise.

i think she works maybe 3rd shift so i still haven't talked to her in person, but i got a note back saying she'll try to get it cut down, but also added that she wanted me to cut down/trim back a bush near her garage. this seems kind of tit for tat, especialy since there is absolutely no danger concernig it, and it's not really mine. it's bush growing in the chain link and as much in her yard as mne.

i'll probaly do it anyway, so there's no excuse not to work on the dead tree

DaveyDIY 06-13-2010 08:10 PM

Your neighbors insurance company is responsible for the damage
Talk to your neighbor, then your insurance company
Once your neighbors insurance company realizes the risk they will force the homeowner to have the tree taken down
Or write the tree & any damage it may cause out of the policy

In the meantime your insurance company will pursue the damages from the other company

the_tool 06-14-2010 02:48 PM

I agree with DaveyDIY, your insurance company should go after them, and once the trees owner gets hit up by his insurance to take the tree down, you can bet it will come down. I'm sorry about the damages you had happen. Good luck!

Philphine 06-15-2010 11:22 PM

i'm really hoping io can just get her to make some kind of arrangements. i finally talked to her in person last friday and she said she'd try to get something done. i think bringing the ins. companies into this could make things tence.

in the meantime, i just got home so i'm looking at it in the dark, but another big branch has fallen. i'll take a pic and see if any damage was done in the morning.

Philphine 06-16-2010 08:17 AM

i guess you could call this lucky. again it missed most things in the area, but i think i may have a hole in another pond i was gonna pull out anyway

fell right on top of the last one. haven't started to get rid of the first branch yet, waiting for a long week end i have starting tomorrow. so no more fence damaged anyway.

it's dead jim

right now it's mostly mess. the branches kind of shatter like glass so there are dead twigs and branches all in the area. i'm almost glad i didn't have the pond projects finished yet.

just from observation (i've never much talked to the neighbors before this), i think there was a breakup 'cause there's just been one person there for at least a few months. i've also noticed and heard a couple other things and i know forcing the issue by bringing in the insurance companies will probaly get ugly. but it's looking like i may not have any choice if she doesn't work out something. my luck with this minimal damage is bound to run out.

drunkenDIY 06-23-2010 09:43 PM

Oh the joy of living in close quarters with others. We have a neighbor that has a tree that drops needles, sap, pollen and cones on our deck and in our gutters year-round. It's so frustrating. It occasionally drops a limb or two, as well.

What we learned is that at least where we live, we're responsible for the portion of the tree that hangs over the property line, and so is our insurance if one of those branches damages something. I'd check with your own insurance company - they may be wiling to foot the bill to have the portion of the tree that hangs over the fence removed if it means they won't have to cover the cost of future damage. That might just incent your neighbor to have the rest cut down if the cost is shared. Just a thought...

TxBuilder 06-24-2010 01:21 PM

Good idea DrunkenDIY.

elan123 06-29-2010 12:37 PM

Let the insurance company fight on your behalf, its the easiest way to get it over with. Good luck.

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