New house, neighborly advice.

[DT86]

So, we have just closed on a house. It's in a neighborhood, in city limits, which are both new for me (lived in the county my whole life).

Anyway, I'm concerned that my newly acquired prefab shed will be smashed by a tree fork that originates on a neighbors yard.



In my mind I have several options. In no particular order they are...

1) Drive the tractor 30 min from the farm and relocate the shed 20' forward.

2) Hire a tree company to come in and remove the limb over the shed.

3) Contact the owner of the tree and ask them to do something about it. (I'm sure the limb has been there longer than they have)

4) Cross my fingers and hope for the best.


If it would come down, who's insurance would cover our shed? Mine or theirs?

Any and all advice welcomed.

Thanks, DT86

 

[sparker133]

I just went through the same thing with my neighbor. He had a tree broken off leaning towards my daughter's swing set. I went over and talked to them about it and we used my tractor and together and removed the tree. Most people are willing to work things out to prevent future problems. His insurance would have to cover the damage if the tree is on his land.

 

[Coyote machine]

I just went through the same thing with my neighbor. He had a tree broken off leaning towards my daughter's swing set. I went over and talked to them about it and we used my tractor and together and removed the tree. Most people are willing to work things out to prevent future problems. His insurance would have to cover the damage if the tree is on his land.

Tree is - branch overhangs onto your land/property. Ask him if he'd like to work something out, in advance of something going wrong. Cheaper now than later to fix it, and neighbor relationship in the long run.

 

[square1]

Not certain of the legal position. In my case the offending tree was on my property.It threatened the neighbors utility line, garage, vehicles in their drive and, if a stiff west wind, their house. Not to mention persons in any of those locations

It was marked for trimming as part of a line clearing project but the crews missed it. The utility company said they wouldn't send the crew back.

I had it removed because my knowledge it posed a hazard to my neighbor would, in my mind, make me liable. The insurance companies would likely battle it out in the event of a substantial claim, but $100 (the cost of removal), is cheap peace of mind.

 

[2ndhalf]

Nothing worse than a bad neighbor especially a close one. i'm with Coyote on this one save the neighbor relationship. I think you should be able to work it out and find out what kind of neighbor you have at the same time.

 

[Boiler74]

Common rule around here is if it's over your property line you can cut it. But trying to work with the neighbor is a good idea. If you do consider it a liability, you need to make them aware of it via a letter mailed certified. If the tree falls today and crushes the shed, his insurance will call it an act of God and tell you to pound sand. But, if it falls in a month and you can produce a letter showing you made the neighbor aware of the risk and liability, then they may pay your claim. Of course, you did also move the shed under the tree limb recently so they may say you placed it in the area you consider risky and to go pound sand. Not trying to be a jerk..... I just deal with a lot of insurance on properties.

 

[Dftodd]

Neighbor had a tree on there property and lost a huge branch. Branch came down on our fence, and the sunroom on the back of the house. This was one week after closing. I was under the same impression, that we are liable for a tree on our property. I contacted the owner of the property next door. And he paid to fix the fence. The tree limb thankfully did not hurt the house. And I just cut and removed the limb myself, and the fence. Neighbor paid for the material.

That being said, after having two tornado's pass really close to the house, I have since found out that it isn't the case. We got hit buy the first tornado. Neighbors had trees on our property and vise versa. A tree branch from the neighbors actually went through the windshield of my old truck.

Here's what we found out from our insurance company. First, they don't cover tree removal, unless it's on the house, shed, or fence. If it's on a vehicle, whom ever owns that vehicle, there insurance is responsible for damage. So if a tree on your neighbors property falls on your vehicle, home, fence, shed, barn, ect..... your insurance takes care of it. And for a vehicle, it's based on what coverage you have on the vehicle. In my case, since the truck was old and I just had liability on the truck, I had to pay for the new windshield. The neighbors are not liable for it. The only time they are liable, is if they go to remove it, and drop it on your property. Then it's actually a civil matter to be settled by the party's involved or the courts,

That being said, I've gotten together with my neighbors and gone in halves with them to remove nuisance trees on the property lines. Had neighbors drop trees on my fence a couple different times. He was really embarrassed and said he would reimburse me for fixing that section. It was just steel drive posts and welded wire. I just had a good chuckle at his expense, then we straightened it back up as best we could after removing the tree

 

[rhunt]

You could eliminate the problem all together by simply relocating the shed! End of problem and your new neighbor doesn't even get involved. Bob

 

[MF283]

Tree is - branch overhangs onto your land/property. Ask him if he'd like to work something out, in advance of something going wrong. Cheaper now than later to fix it, and neighbor relationship in the long run.

Agree with this, then again, if moving it dosen't bother you, i'd do that.

Ronnie

 

[justinramani]

You dont lose anything by trying to talk with him/her first. It may be a good opportunity to start off on the right foot. Worst case scenario - you can always move the shed out of the way. Was the tree like that when the shed was delivered/built?