<p>The neighbors behind our second home have a tree that looks obviously dead (no leaves.) It’s at the very back of their yard, and hangs over our garage. Though we can legally cut off the branches immediately above, we’re also worried about the whole thing falling on the garage.</p>
<p>We went around the block to their house, introduced ourselves to the man there, and brought up our concerns. His reply (immediately, before we even pointed out which one): “it’s not dead.” We pointed out the lack of leaves, but he just kept repeating “it’s not dead.”</p>
<p>(The Monty Python “dead parrot” skit went through my mind “it is an ex-tree!” but then S showed us a Ron White video about a dead tree which was even more apropos. )</p>
<p>So. We’ll take pictures, document we spoke to him, etc. We were thinking of calling our own insurance agent, but not sure if there could be repercussions from that. Was wondering if others had dealt with this sort of issue. Any advice? </p>
<p>I think I’d tread lightly. If you’re covered by insurance, then you’re exposed to the risk of having to pay your deductible. It sounds like the neighbor is there full time possibly, and you’re there sometimes. That situation gives an irritated neighbor the opportunity to create mischief for you. </p>
<p>Depending on where you’re located there is possibly a higher likelihood of it falling in one direction rather than the other. In the northeast (do I remember you’re in NJ?) the strongest winds usually come during nor’easter type storms, which usually blow from the north or northeast or east, which means things fall most often towards the west to southwest to south quadrant. Maybe it’s most likely to go away from you and towards somewhere else when it falls. </p>
<p>Good luck. BTW, I really enjoy Ron White. He’s borderline raunchy sometimes, but he’s also very funny. I like the “thrown out of a bar----tater salad” routine the best. </p>
<p>If you live in a city, there might be a dept that can go and check on it and tell you it’s fine or issue a citation that it needs to be removed.</p>
<p>Dadx–we’re there all summer and almost every weekend and holiday in between, but yeah, they look to be full time. I don’t want neighbor troubles. Unfortunately, we are due west of them. My first thought was, well, we usually have west winds, but as you point out, a good nor-easter will blow it towards us.</p>
<p>Sylvan–the garage is in good condition. We might talk to a tree guy. I know our insurance will cover (minus deductible), but that’s fairly high, and I can guarantee our rates will go up. I’ve heard that if you can document that they know or should know it’s a threat, they can be made to pay because of negligence. </p>
<p>I’d much rather they just voluntarily took it down.</p>
<p>Twoin–it’s a fairly rural area; not sure the town wiould look into that, but I can check.</p>
<p>Offer to split the cost with them, but my guess is if the tree goes it’s not going to hurt their property and they figure since it’s a second home for you, that if it falls and if it falls on your garage you’ve got insurance and/or can afford to rebuilt the garage and they probably don’t want to spend the money to have the tree taken down…just a guess. </p>
<p>Our neighbor has two gorgeous great firs, I would guess over 100’ tall. One is much happier than the other and he actually agreed to have an arborist look at it, it is stressed, but not dying. I prefer it not come out, it’s wonderful to see, but I also prefer it not smash my house. Awkward! Can you believe the arborist even if you get one?</p>
<p>The article makes it sound like the tree costs are your responsibility UNLESS your neighbor should have known. Can you hire an arborist to come, stand on your property, not touch the living tree, but perhaps cut off a branch that is hanging over your property line. Use that info in your letter, which you then keep with photos, just in case?</p>
<p>I prefer, honestly, not to pay for his tree removal. I would rather he did, or be held responsible because of negligence. (He may or may not know if we’re there all the time. In any case, it’s basically our “retirement plan” and not a vacation home. it would be a real stretch to pay even half. )</p>
<p>We have a tree of our own that we’re already looking to take down or severely trim (depending on what arborist says). I would rather we each take care of our own (knowing not everyone feels that way, of course.)</p>
<p>When you have the arborist come to trim or remove the tree on your property, have him look at the neighbors tree and advise, and perhaps trim the branches hanging over the garage.<br>
Btw, if his tree falls on your roof during a storm, I believe his insurance, not yours, would be responsible for any damage.</p>
<p>^ I think it depends on the state you are in. We had a live tree fall on our property from the city’s property during a storm, It caused damage and it was our insurance’s responsibility. At one time we noticed a couple trees on the city’s property that were dead and so we called them and they came right out and cut them down. I would have someone look at it and if it is dead, document it and send a letter to them. If it’s dead it’s their responsibility to cut it down. Otherwise if it’s just stressed I don’t think there is anything you can do. </p>
<p>^^ The parkway (city property) adds an interesting twist. </p>
<p>Sovereign immunity laws will keep you from collecting from a municipality if a parkway tree falls - and I guess that makes sense. Otherwise a “prudent” city would rip out every tree on the parkway to make sure it doesn’t have to pay for damage - obviously not a desirable course of action. In most jursidictions, the liability answer changes if the city has been “put on notice” that there is a dead tree/limb - if they don’t take action to remediate problem parkway trees in “a reasonable period of time”, the city may be held liable. (How much notice and how long to take action is not usually defined and will be based upon case law in the jurisdiction.) That is why at least in my town (and it sounds like your town also), they normally send someone out to inspect the situation within a day or so. </p>
<p>As far as involving the city regarding the OP’s situation, I can’t speak for all states, but in Illinois, the legislature has given municipalities the authority to declare dead or diseased trees public nuisances. Cities can pass ordinances authorizing city officials or contractors to enter private property during reasonable hours to inspect and test for disease. If disease is found, they can demand the owner remove nuisance trees and if the owner does not act, to remove such trees. If the owner fails to pay the costs of removal, a superior lien on the property can be filed. </p>
<p>I think the legislature was motivated by the destructive nature of Dutch Elm disease, the Emerald Ash Borer and Asian Long-Horn Beatle which have devistated the native trees. </p>
<p>Has the tree died since you purchased the property?
Do you know how long that has been?
How close is it to the garage?
If you know what kind of tree it is, that could tell you something about the root system
Our neighbors have a half dead tree, im waiting for a good windstorm.</p>
<p>This article is helpful. Basically read your home owners insurance policy. </p>
<p>Then you get to decide your next step. It may benefit you to have an arborist look at the tree and then make recommendations. Then send the old registered letter to your neighbor informing him the arborist thinks the tree is dangerous. Then see what happens.</p>
<p>Thanks, all. I’m pretty much up on the recommended procedures. How’d it all GO for anyone who’s had this exprience? Or equivalent fenceline disputes?</p>
<p>A big oak tree from the unoccupied bank-owned house next to our home fell in our backyard Memorial Day weekend a few weeks ago. We just sawed it up and used the oak wood as firewood in our backyard smoker to smoke 3 racks of spareribs. Too much trouble having to contact bank and trying to get them to clean up the old tree. The free oak firewood sorta fell like a gift right out of the sky and into our BBQ smoker!</p>
<p>We (in NJ) had a neighbor’s dead tree threatening to fall on our house. The neighbor has a history of being unresponsive in such circumstances, so we had the town arborist look at the tree, and he sent her a letter giving her 30 days to remove it. </p>
<p>If she didn’t have such a history, I would have talked to her first. </p>
<p>We had a fenceline dispute.
Our neighbor was building a new garage, more or less on the old footprint.
However, since he has an easement onto our property to access his garage, and since he had completely removed the old one, I knew he could not build onto what was actually our property.
I had an assessor out to mark the lot lines and he had to tear down and move it over.
For someone that was the liaison between the city & county, he was a little clueless.
We just paid for it.</p>
<p>Update–just about one month later, and tree guys have just showed up and are working on the “live” tree. Guess our visit did have an effect. Whew!</p>
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