[KeriVit]

Well, since State Farm is closed til Tuesday, I thought I'd ask homeowners here in the meantime. Heavy rains yesterday sopped the ground here. At some point a tree fell over- right out of the ground. You can't really see it's enormous size here. But, perhaps you can see it is currently still in the air being held up by another tree in my neighbor's yard.





Now, there may be some debate as to whose tree this is. It sits right on the property line. In the bottom pic, my fence is the pretty one on the right. Also, it could still fall further at any time, should the other tree give way. But, assuming it is my tree, do homeowner's policies cover this? Will it cover the removal? What about any damage to my neighbor's house/fence?

Oh and I also had another small one take out part of my back fence. It's pushing the fence from the other side.


My neighbor's rent and the owner is due by sometime today and I'd like to have a clue when he gets here. I can't find my policy anywhere.

Anyone here know?

[chabig]

This happened to me once. Your homeowner's insurance covers your losses. Your neighbor's insurance covers his losses. It doesn't matter whose tree it is. The fact that it fell is considered an act of God and is not your fault.

Chris

[design219]

Agreed. If you have home owners insurance, you are ok.

[KeriVit]

So, does that include tree removal- assuming there are no damages?

[ort888]

It's like the old saying...

If a tree falls on your house and no insurance company is around... do you still get screwed?

When our tree fell down, the damages were right over our deductible, so we decided to just eat the cost rather then file a claim. Cost us $600 to have the tree removed and we fixed the damage ourselves (it was very minor).

[Dork.]

The cost to remove a single tree is likely not much more than your deductible anyway, so I don't think you should bother making a formal claim. I can't really tell whether both properties are in danger from the tree, but if your neighbor is reasonable, he may split the cost of the removal with you, making it a better deal for both of you.

[ghporter]

The phrase "act of God" or "act of nature" applies here. This is not at all like you went out with a chain saw and goofed. You're in Georgia, with lots of trees that have shallow roots. Insurance companies know about this and can handle it.

I saw this sort of thing happen in Biloxi once-it was really astounding. The tree just started leaning in the wind and there was a sound that was a cross between creaking/cracking and mud having something pulled out of it. Then the tree fell. This was a 60' or more tall pine tree.

[SVass]

<<I saw this sort of thing happen in Biloxi once>>

Interesting as I lived in Ocean Springs and a tree was destroyed by lightning (as was my tv antenna) at my house. My State Farm agent who lived within a block paid for the repairs and the removal. Again I had a storm in the Seattle area do the same thing with a tree hung up on the power lines hanging over my house and my State Farm agent arranged for a tree removal firm to get rid of it. (He did not want it to fall on my house which is insured.) sam

[Sherman Homan]

Be really careful with your insurance company! Ask them directly what the deal is, and get their response in writing before you file a claim. Be especially careful with your future coverage. They may decline to renew your policy which will force you into a high risk, higher priced policy.

[KeriVit]

OK, great. I appreciate the advice guys. I'm still waiting on the other owner to decide what to do. In the meantime, my neighbors made a game of it with machetes.





Silly Boys.

[reader50]

That is a chainsaw problem, it's too big for machetes. Also, they'd need a chipper to reduce the limbs. And serious bracing later, if you don't want it to fall and/or roll. And do more damage in the process. Or kill the guys happily cutting away in the tree.

One or two people could dispose of that tree, with the right tools, if they really knew what they were doing. Your neighbors are getting it wrong right from the start. No protective gear (not even gloves or boots), wrong tools, no allowance for mistakes. If they take it much further, they're going to get into trouble. You could take out life insurance on them if you like.

[design219]

There are a few vids on YouTube of people taking apart trees without knowing what they are doing. Hilarity and heartache all around.

[ghporter]

Originally Posted by design219 

There are a few vids on YouTube of people taking apart trees without knowing what they are doing. Hilarity and heartache all around.

Don't forget the blood-plenty of it.

After a tornado in my home town, a neighbor who knew what he was doing was topping a broken tree. The tree was still standing, but a bunch of the top was beyond healing, so it's appropriate to cut off the top and let the tree heal at the cut. The broken part shifted and he found out that catching a chainsaw with one's thigh is NOT GOOD. He was not horribly injured (the quads are exceptionally good at healing in most people), but it was both scary and messy.

In other words, "what reader50 said." A professional arborist or even just a tree surgeon should be able to both remove the tree and protect everything around it. At not much cost too-when I had my trees maintained, they did almost two days worth of work, sculpted all the trees, corrected a number of problems with them and cleaned up everything wonderfully (plus quoted fixes for my neighbor, whose trees needed help too) for about $1500. Considering that my roof is now free of the threat of my own trees doing something to it, it was a bargain-plus all the trees are much healthier now.

[KeriVit]

They were just boys building a fort, not trying to remove the tree. I can't help it they're stupid. The one guy risks his life daily between his skateboard, surfboard, motorcycle... the list goes on.

Still waiting for the holiday to be over for some kind of response. It looks like my deductible is $1000, so I may be trying another route. The tree that hit the back fence came out of another neighbor's yard, and he already got an estimate. Actually, he didn't even know it fell til we told him.

[KeriVit]

Well, the owner seems to be pointing the finger at me, saying it's my tree, my responsibility. He was even saying something about having a property line survey done. Looks like I will be contacting the insurance company after all at least to see what they say.

[- - e r i k - -]

I think the real question here is:

Was anyone there to hear it fall?

[greenG4]

Originally Posted by - - e r i k - - 

I think the real question here is:

Was anyone there to hear it fall?

That's just silly. It wasn't even in the forest.

[KeriVit]

I HEARD IT! 3:27 AM! Haha!

[KeriVit]

OK, so I called the insurance company, they said- yes, it is an act of God and since the tree is not in our yard, it is the neighbor's responsibility. BUT, they went to the Community Association and blamed us and now the Community says we have to remove the tree. Where can I find some kind of law regarding this?

[design219]

Oh God, here you go brother. Good luck now.

[Dork.]

Sounds like you should go ahead and have the tree taken down yourself. And take your neighbor off your Christmas Card list....

[greenG4]

Originally Posted by Dork. 

Sounds like you should go ahead and have the tree taken down yourself. And send your neighbor the bill....

Fixed

[KeriVit]

Here's what I got:

To the homeowners of___

Re: Request for a tree removal

Your tree located on the side of your house [uh, hello, it fell] is almost falling on our property. Please remove the tree as soon as possible. to avoid danger to the people or damages to the property.

If this request is not heard immediately and results in injury to the people or damages to our proprty, you will be responsible for the damages.

We appreciate your quick actions in this matter.

Sincerely,

THEM






So, whatcha think?
I'm hateful right now. She did deliver the letter personally and I said I did not want animosity. She speaks poor english so as we talked, she amy not have understood that my insurance company says- "It's their responsibility." At least until the claims adjuster comes.

[Person Man]

Originally Posted by KeriVit 

So, whatcha think?
I'm hateful right now. She did deliver the letter personally and I said I did not want animosity. She speaks poor english so as we talked, she amy not have understood that my insurance company says- "It's their responsibility." At least until the claims adjuster comes.

Get a property line survey. Both of you. You need to settle the matter once and for all whose tree it is.

[Dork.]

Originally Posted by Person Man 

Get a property line survey. Both of you. You need to settle the matter once and for all whose tree it is.

The matter does need to be settled, but IMHO the tree also needs to be taken down ASAP, no matter who pays for it. But I'm not the type of person who would let a dangerous situation linger if I could remove the situation just by throwing money at it. Leave the stump if you think it will help your case.

If after taking the tree down the survey shows that the tree was on her property after all, or straddled the property line, then you should not only go back to the community association and explain the situation, but go to small claims court also. It's a shame to have to go that route, but this is America, after all, and suing our neighbors is practically the national pastime. Heck, even if it was your tree, you should raise a stink if it turns out that the local laws and regulations were on your side.

[peeb]

Sounds like your neighbour is a bit of a wanker. You share a property line, so suing each other can't end well, even if you save a few hundred bucks. Do you know the guy?