Durham, NC · Member since 2018 · 58 posts · 14 votes
One of our rental properties had a pine tree right on the edge of the property that fell recently into the neighbors yard. The neighbor called me to discuss taking care of it, but does "not want to involve her insurance". I told her I would look into it.
How does this work responsibility wise? Entirely mine, shared, or her's alone?
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
8y
You looking for technicalities or best practices? Forget about the insurance (yours or you neighbor's) and have the entire tree removed. Let the neighbor know you care about other people's property and want to be a good neighbor.
Flipper/Rehabber · Yardley, PA · Member since 2015 · 451 posts · 307 votes
8y
I believe insurance companies would call it an 'act of god'. However if the tree has been leaning and then neighbor (in writing) warned you of concerns of the tree I'm pretty sure that's on you.
If it were me, since the tree is from my property.. I would take care of it immediately (pay for it myself). This also shows the neighbors you care about the neighborhood etc.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
8y
When a tree fell on my tenants car tree removal was on me, but the car I only had liability if I was negligent. However if branches fall in neighbors yard they get to remove them so I think you would mainly be respondsible for the tree. curious what others say.
Investor · Edwardsville, IL · Member since 2015 · 432 posts · 481 votes
8y
Depending on your state laws, the neighbor is probably responsible for their portion and you yours. To be a good neighbor, I would go ahead and get it cleaned up at your expense.
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
8y
You looking for technicalities or best practices? Forget about the insurance (yours or you neighbor's) and have the entire tree removed. Let the neighbor know you care about other people's property and want to be a good neighbor.
You looking for technicalities or best practices? Forget about the insurance (yours or you neighbor's) and have the entire tree removed. Let the neighbor know you care about other people's property and want to be a good neighbor.
Thanks Mark. I'm looking for both. I like to know both the legalities and the more subtle aspects of good business practices. These neighbors have left their property abandoned for three years, and now the local drunks hang out on their front steps since it is conveniently located behind a gas station/convenience store. So...there's that.
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
8y
Whoa. Sounds like a buying opportunity to me!
Legally, property line defines responsibility unless you knew or should have known your tree was creating a hazard. otherwise what's on your side is your responsibility what's on their side is their responsibility.
I had a tree that was on the property line fall on one of my rental houses last summer. So, I investigated it a little and came to the same conclusion about legal responsibility as Marc expressed.
My insurance paid out for some minor damage to the roof, gutters, etc. To remove the tree, I posted online looking for someone wanting firewood. Two guys with chainsaws and a truck came and cut all the firewood out of the fallen tree and then I just had to make several trips with my truck to haul the brush to a composting facility. So, the cost to me for cleanup was nothing but labor.
Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
8y
If the neighbor has abandoned the house and doesn't care about the effect that it has on their neighbors, then I wouldn't bother to worry about their feelings either.
In Georgia, if the tree was not an obvious problem/diseased, then it's seen as an 'act of god' and you're responsible for your side and they're responsible for theirs. If they haven't cared much for the property in 3 years, then I assume they don't have a mortgage to pay. And if it's been vacant, they probably don't have insurance and that's why they 'don't want to involve their insurance'.
As others have said, try to buy the property next door.
Legally, property line defines responsibility unless you knew or should have known your tree was creating a hazard. otherwise what's on your side is your responsibility what's on their side is their responsibility.
I'd still approach them to buy it
Hmmm. Even after I vowed to my husband no more houses in scary neighborhoods? LOL. Srsly tho. That convenience store across the street is the problem. Maybe if I installed glass shards sticking out of the little wall the drunks like to sit on for their malt liquor picnics...the perfect spot to hide from the police. Or maybe if I did a petition to force the convenience store to build a fence between our street and the store? Hahahaha
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
8y
@Vishakha Penney, think of all the possibilities! IF you got the house at the RIGHT price (of course marriage is more important than a property) you might use it as a half-way house, lease it to the city as a homeless shelter, rezone for commercial or partner with a charity.
Usually the same guys will hang out in the same spot to drink their 45's. Try installing sodium (high intensity) lighting, install loudspeaker and play classical music (I know it sounds crazy, but it drives the younger ones away), or one of my favorites, a motion detector that turns on the sprinkler system.
Vandalia, MI · Member since 2018 · 569 posts · 264 votes
8y
Depends on your state. If you are in Michigan it is all on you. I guess it depends where you are. I had a tree fall on the road. It was over 6ft from center(the egress) so the state said my dollar, had to have insurance pay for it.