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Re: OT:Tree cutting ? on neighbors line, liability-long


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Posted by PeteTheRookie on January 01, 2012 at 15:10:43 from (72.224.236.255):

In Reply to: OT:Tree cutting ? on neighbors line, liability-long posted by redtom on December 31, 2011 at 17:20:55:

Common law regarding "Acts of God".

If it falls on your property its you and your homeowners responsibility ONLY if it is a healthy tree. If it is dead, rotted, or obviously damaged or diseased, then it is the home owner on which the tree originates responsibility. Only a fool leaves a obvious dangerous tree as insurance co. will deny any claim from a dead or rotted tree.
Simply speak with him regarding your concern about the trees and the need to take them down.
He will either then "get it" and do the right thing OR, he will ignore and do nothing.
Then you send a certified letter detailing your conversation and CC your insurance co who will then contact him and his insurance co.
You, as the insured, are required to eliminate known hazards or your insurance co will deny your claim in case of property damage.
Keep in mind that while these trees will not fall on your house, In a tornado or hurricane then can become missile like projectiles and go right thru your house.
BTW, my lovely neighbor was throwing his grass clippings(even his lawn service continued to after I asked them not to) and dog droppings on my property.
Pics sent to the local code officer and a call to the local police dept for trespass finally put a end to it. Code officer saw in pics his dog house and his old broken swing set violated 20ft setback. Both were actually rotted and not in use and had to be moved.
He is still a jerk and always will be. Never lifts a figure to help anyone. But the next time he dumps on my property he will be arrested for criminal trespass.
Don't take crap from neighbors or they will just keep shovel it at you.

Pete


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