Location: North Carolina
Submitted 04/20/07 06:10 PM

Q. My neighbors tree fell on my property during a recient storm, who is responsible for removal and disposal?

 

Answer #1
Submitted 04/20/07 07:46 PM
Dann Coffey (coldwell banker real estate professionals ): Real Estate Agent in Iowa City, IA Dann Coffey (coldwell banker real estate professionals )
Real Estate Agent
Iowa City, IA

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A. Hmmmm, I would have to say you are if you want it done right and in a timely fashion. Why not do it together? Good luck.

Answer #2
Submitted 04/20/07 08:13 PM
Tracy Santrock, Raleigh - Cary Realtor (Fonville Morisey/Santrock Realty Group, Inc. ): Real Estate Agent in Cary, NC Tracy Santrock, Raleigh - Cary Realtor (Fonville Morisey/Santrock Realty Group, Inc. )
Real Estate Agent
Cary, NC

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A. It depends on where the tree fell. If you are within a community that has a Homeowners Association the HOA will pay if it is a common area. If, however, the tree is located on your property then you would be responsible for the tree and its removal. If the neighbors tree is located on his property the neighbor would be responsible for hauling it off.

Answer #3
Submitted 04/21/07 10:44 AM
Steven L. Smith, Bellingham WA Home Inspector (King of the House Home Inspection, Inc): Home Inspector in Bellingham, WA Steven L. Smith, Bellingham WA Home Inspector (King of the House Home Inspection, Inc)
Home Inspector
Bellingham, WA

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A. The answers above are good. However, if you are not in any homeowners association, just living next door to someone on two different lots, I can give you a rule of thumb. If the tree appeared to be failing or dying, and you told your neighbor in writing or some manner you can prove that you were afraid it would damage your property, then his insurance will probably cover it. If, on the other hand, the tree appeared to be just fine, and came crashing down, then it is more your problem as it is not the fault of the neighbor. In that case, your insurance is likely to cover it. Of course, here we get into deductibles and whether it is even worth making a claim as it sounds like it did not damage your home, and that would change the scenario. Dann's advice was pretty good. Another option would be to list it as free firewood. That will often get people out. However, make sure you get them to sign a release that if they hurt themselves, it is not your problem.

Answer #4
Submitted 04/21/07 07:29 PM
Donna McCrummen (Keller Williams Towne Square Realty): Real Estate Agent in Bernardsville, NJ Donna McCrummen (Keller Williams Towne Square Realty)
Real Estate Agent
Bernardsville, NJ

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A. Trees are one of the biggest causes of litigation between neighbors.....I don't have an opinion.......just wanted to wish you luck.

Answer #5
Submitted 04/27/07 02:05 PM
Diana Gardner (Long and Foster REALTORS): Real Estate Agent in Elizabeth City, NC Diana Gardner (Long and Foster REALTORS)
Real Estate Agent
Elizabeth City, NC

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A. Having lived through Hurricane Isabel and other such storms you need to talk with your insurance agent. With one firm if your neighbor's healthy tree comes down during a storm and falls in your yard your insurance will be responsible for the removal of the debris up to your property line. Anything on the neighbors' is their responsibility. However, a good neighbor may volunteer to be responsible for clean up. On the positive note, if the tree which falls is great for firewood, you may want to keep it.

Answer #6
Submitted 05/10/07 12:18 PM
Cheryl Powell, The Powell Team- Helping YOU make the right move! (RE/MAX Executive Realty - The Powell Team): Real Estate Agent in Concord, NC Cheryl Powell, The Powell Team- Helping YOU make the right move! (RE/MAX Executive Realty - The Powell Team)
Real Estate Agent
Concord, NC

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A. This happened to me when I lived in West Virginia. My insurance company told me that since the tree didn't do any damage to a structure on my property that it was an "Act of God" and the tree removal wasn't covered by my insurance. If the tree was in poor condition, rotted or obviously ready to fall...then I was told that would have been a different matter. I was responsible for removal and disposal of the part of the tree that was on my property, my neighbor was only responsible for removal and disposal of the part of the tree on his property. I think that you should check with your insurance company or an attorney for further information on this matter.

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