Has anyone dealt with a neighbor's tree which has heavy limbs hanging over your roof? (rent, how much)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I have a major problem with a neighbor's tulip tree which has long and heavy limbs hanging over half my roof. In the last four months two very heavy limbs have broken off, first landing on the roof and damaging the gutters, and then falling to the walkway going up the side of the house. I was lucky that neither I or anyone else was in that vicinity at the time. There would have been major injury or worse.
There is no access to the tree except to climb it and for some unknown reason the neighbors will not give access. They have had many longer and heavier limbs overhanging their own roof cut back on occasion, making the tree more top heavy on mine.
The village ecode here stipulates that anyone in village government, not just the buildings dept, not only has the authority, but also the responsibility to send the owner of a dangerous tree a written letter stipulating whether that tree needs to be cut down or altered in any way, and yet they refuse to act. Could it be that it is because the neighbor is also part of the village government? I live in fear on a regular basis just taking the garbage out because that's where the cans are. I have cordoned off part of my yard on that side where there are limbs overhead because I am afraid my dog would be a victim. I am trying to sell this house because there is no way I can continue to live with this.
Anyone have any suggestions? I read in a local paper this week that an 89 year old woman was pinned to the ground by a huge limb from a tree over her yard. I envision the same for me, at the very least.
Have you contacted your insurance company for their help?
Once lived in an HOA where a lot of trees had grown far too large for spaces they were in. Sidewalks were buckling, limbs were falling on roofs.
As I understood it, according to NC law, if a neighbor's tree, or tree limb falls on your property, that's an act of nature and not your neighbor's fault.
However, if your neighbor has been notified, via a certified letter, that the tree is a hazard, then they are liable for all expenses.
IIRC, numerous neighbors had standard letters sent by the legal dept. of their homeowner's insurance company.
It is unfortunate that the village government won't insist that your neighbor, who is in the village government, do the right thing here. Sadly, so often the case.
But if your goal is to get the branches removed, you may have better luck with a certified letter form your insurance company notifying them that future repairs to your roof, and gutters will be at their expense, and should anyone be injured due to their neglegence in this matter, they will be sued for medical and additional expenses as well.
I didn't keep track of how many trees were removed due to the flurry of certified letters, but I know several were. People just decided it wasn't worth the risk of being sued for thousands.
Last edited by GotHereQuickAsICould; 08-27-2023 at 04:55 AM..
Un-trimmed or poorly maintained trees along property boundaries in suburbia is a common issue. Your inability to cut overhanging and dangerous limbs is a little less common. But not at all unprecedented.
I’ve heard the ‘letter’ suggestion before and that might make your neighbors rethink their decision not to permit your arborists on their property to cut the overhanging and dangerous limbs. As it might cost them cash down the road.
Sounds like this tree has grown way too tall to be that close to homes, and that is top heavy on the OP's side puts it in some danger of falling during a heavy rainstorm/windstorm.
If insurance company isn't helpful, perhaps contact the local tv stations. Perhaps they would be interested in doing a piece on a member of the local village government endangering the property, and very life ,of a local citizen by refusing to allow tree company on property.
Sounds like this tree has grown way too tall to be that close to homes, and that is top heavy on the OP's side puts it in some danger of falling during a heavy rainstorm/windstorm.
If insurance company isn't helpful, perhaps contact the local tv stations. Perhaps they would be interested in doing a piece on a member of the local village government endangering the property, and very life ,of a local citizen by refusing to allow tree company on property.
Already have contacted some of the local newspapers, but so far have not heard back. Insurance company can not help.
Un-trimmed or poorly maintained trees along property boundaries in suburbia is a common issue. Your inability to cut overhanging and dangerous limbs is a little less common. But not at all unprecedented.
I’ve heard the ‘letter’ suggestion before and that might make your neighbors rethink their decision not to permit your arborists on their property to cut the overhanging and dangerous limbs. As it might cost them cash down the road.
That’s probably your best/only option.
They have been sent a multitude of those "letters" over the past few years, as has the village which refuses to act on my behalf.
This could pose a problem. My next suggestion (if you have not already done so), was to elevate contact/communication to your Senator, Congressperson (keeping it PC), Governor, etc.
You usually get one of the "guards at the gate" who takes your info, pre-screens it for legitimacy, appropriateness, etc. before forwarding it to the head honcho. But one of the questions they may well ask you prior to considering taking action may be "What does your insurance company think?" "Do they consider it a hazard/danger?" "Have your rates gone up as a result of this?"
If the answers are "They apparently don't consider it an issue worthy of intervention" "No" and "No" you can see how this may water down your stance.
Can't do that without access to the tree. It's on the neighbors property, there is no access on that side of the house for equipment. It would mean getting permission to climb the tree and they won't give it.
I don’t understand this. There are things like scaffolding that could be constructed next to your garage, or on your garage.
Can't do that without access to the tree. It's on the neighbors property, there is no access on that side of the house for equipment. It would mean getting permission to climb the tree and they won't give it.
Climb up onto YOUR roof and cut smaller, manageable pieces off the limbs
Crossing your property line gives you the right I believe
You also might consider asking your home insurance agent if your roof/house was damaged would YOUR insurance company sue the tree’s owners for damages
Already have contacted some of the local newspapers, but so far have not heard back. Insurance company can not help.
Cannot or chooses not to?
Usually when homes have tree damage the insurance company will claim damage is due to owner negligence (for not trimming trees to protect house) or that it is act of nature your aren’t insured for
What reason did the ins company give for not getting involved?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
