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xosweetiexo
LIF Adolescent
Member since 8/09 856 total posts
Name:
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Neighbors tree
My neighbors enormous tree just came down in my backyard. Who’s responsible? Not sure what to do.
Update : just spoke to State Farm and they said my neighbor is responsible for filing a claim. I can file a claim but then would have to pay a deductible and then I’d have to get the money back from her insurance
Message edited 8/4/2020 6:22:30 PM.
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Posted 8/4/20 4:29 PM  |
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quasi3
LIF Adult
Member since 7/07 1764 total posts
Name:
Stacey
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Re: Neighbors tree
You are. Call your insurance company or a tree removal company.
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| Posted 8/4/20 4:56 PM |
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xosweetiexo
LIF Adolescent
Member since 8/09 856 total posts
Name:
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Re: Neighbors tree
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
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| Posted 8/4/20 5:09 PM |
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JME78
LIF Adult
Member since 11/09 3672 total posts
Name:
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Neighbors tree
If it was caused by them cutting it down then they are responsible. If its an act of nature then your homeowners insurance would cover it.
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| Posted 8/4/20 5:14 PM |
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quasi3
LIF Adult
Member since 7/07 1764 total posts
Name:
Stacey
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Re: Neighbors tree
Posted by xosweetiexo
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
I believe you can cut back branches that overhang your property. We’ve done it and so has my neighbor to our tree.
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| Posted 8/4/20 6:15 PM |
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NervousNell
Just another chapter in life..
Member since 11/09 54917 total posts
Name:
..being a mommy and being a wife!
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Re: Neighbors tree
Posted by quasi3
Posted by xosweetiexo
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
I believe you can cut back branches that overhang your property. We’ve done it and so has my neighbor to our tree.
Yep, we do it all the time
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| Posted 8/4/20 6:58 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Neighbors tree
Posted by NervousNell
Posted by quasi3
Posted by xosweetiexo
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
I believe you can cut back branches that overhang your property. We’ve done it and so has my neighbor to our tree.
Yep, we do it all the time
That is not true. If a limb over hangs on your property you can cut to the line. I always tell my neighbor when I am having it done before hand. They make sure they are home the day of and will usually tell the tree service to cut more., I.e. over the line. But that is my neighbors, you should speak with yours in the future. If the tree blocks the road your town may remove just that one though.
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| Posted 8/4/20 8:08 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Neighbors tree
Your neighbor will tell you to pound sand, tree law is really specific. I am super sorry to say you are responsible to pay your deductible and remove trees that fall on your property, even your neighbors tree. I am not your attorney. NY tree law is not a joke.
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| Posted 8/4/20 8:10 PM |
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xosweetiexo
LIF Adolescent
Member since 8/09 856 total posts
Name:
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Re: Neighbors tree
Posted by LSP2005
Your neighbor will tell you to pound sand, tree law is really specific. I am super sorry to say you are responsible to pay your deductible and remove trees that fall on your property, even your neighbors tree. I am not your attorney. NY tree law is not a joke.
I don’t understand why State Farm said she was responsible.
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| Posted 8/4/20 9:45 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Neighbors tree
Posted by LSP2005
Posted by NervousNell
Posted by quasi3
Posted by xosweetiexo
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
I believe you can cut back branches that overhang your property. We’ve done it and so has my neighbor to our tree.
Yep, we do it all the time
That is not true. If a limb over hangs on your property you can cut to the line. I always tell my neighbor when I am having it done before hand. They make sure they are home the day of and will usually tell the tree service to cut more., I.e. over the line. But that is my neighbors, you should speak with yours in the future. If the tree blocks the road your town may remove just that one though.
Actually it varies by town so check before you go cutting anything!
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| Posted 8/5/20 7:52 AM |
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HeyJude
LIF Adolescent
Member since 9/07 820 total posts
Name:
p
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Re: Neighbors tree
My in-laws garage was destroyed by neighbors tree, it was all on them.
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| Posted 8/5/20 8:41 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Neighbors tree
Posted by xosweetiexo
Posted by LSP2005
Your neighbor will tell you to pound sand, tree law is really specific. I am super sorry to say you are responsible to pay your deductible and remove trees that fall on your property, even your neighbors tree. I am not your attorney. NY tree law is not a joke.
I don’t understand why State Farm said she was responsible.
tree law is really specific. It goes back to the 1800s where a rich guy won a lawsuit over a poorer neighbor and everyone has been scr@wed since. She can call her town, but in general you are responsible for your own property and the trees that fall on them. The only way a neighbor would be responsible is if they had notice a tree was diseased and did not care for it.
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| Posted 8/5/20 9:37 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Neighbors tree
Posted by alli3131
Posted by LSP2005
Posted by NervousNell
Posted by quasi3
Posted by xosweetiexo
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
I believe you can cut back branches that overhang your property. We’ve done it and so has my neighbor to our tree.
Yep, we do it all the time
That is not true. If a limb over hangs on your property you can cut to the line. I always tell my neighbor when I am having it done before hand. They make sure they are home the day of and will usually tell the tree service to cut more., I.e. over the line. But that is my neighbors, you should speak with yours in the future. If the tree blocks the road your town may remove just that one though.
Actually it varies by town so check before you go cutting anything!
which town? In NY you can cut overhanging limbs on your property to just before the property line.
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| Posted 8/5/20 9:39 AM |
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soontobemommyof2
My boys...my everything <3
Member since 4/15 3635 total posts
Name:
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Re: Neighbors tree
Posted by LSP2005
Posted by xosweetiexo
Posted by LSP2005
Your neighbor will tell you to pound sand, tree law is really specific. I am super sorry to say you are responsible to pay your deductible and remove trees that fall on your property, even your neighbors tree. I am not your attorney. NY tree law is not a joke.
I don’t understand why State Farm said she was responsible.
tree law is really specific. It goes back to the 1800s where a rich guy won a lawsuit over a poorer neighbor and everyone has been scr@wed since. She can call her town, but in general you are responsible for your own property and the trees that fall on them. The only way a neighbor would be responsible is if they had notice a tree was diseased and did not care for it.
Whose property was damaged? The rich or the poor guy?
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| Posted 8/5/20 10:26 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Neighbors tree
Rich persons tree landed on poor person's house. If the tree had been diseased and the owner knew then tree owner can be liable. Also if you cut a tree limb it can't do damage to the main part of the tree. But in general in NY you can cut overhanging. In other states the laws differ.
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| Posted 8/5/20 11:15 AM |
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Chai77
Brighter days ahead
Member since 4/07 7364 total posts
Name:
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Re: Neighbors tree
In my experience a couple of years ago, it is your responsibility for damages to your property when the neighbor's tree falls onto your property. Unless you can prove they were negligent and a reasonable person could have predicted the tree was sick and should have been removed. That is extremely hard to do. Otherwise, it is considered an "act of god" and you'll have to file your own insurance claim with deductible paid by you. Sorry.
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| Posted 8/5/20 11:17 AM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Neighbors tree
Posted by LSP2005
Posted by alli3131
Posted by LSP2005
Posted by NervousNell
Posted by quasi3
Posted by xosweetiexo
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
I believe you can cut back branches that overhang your property. We’ve done it and so has my neighbor to our tree.
Yep, we do it all the time
That is not true. If a limb over hangs on your property you can cut to the line. I always tell my neighbor when I am having it done before hand. They make sure they are home the day of and will usually tell the tree service to cut more., I.e. over the line. But that is my neighbors, you should speak with yours in the future. If the tree blocks the road your town may remove just that one though.
Actually it varies by town so check before you go cutting anything!
which town? In NY you can cut overhanging limbs on your property to just before the property line.
Town of Babylon.
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| Posted 8/5/20 12:00 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Neighbors tree
Posted by alli3131
Posted by LSP2005
Posted by alli3131
Posted by LSP2005
Posted by NervousNell
Posted by quasi3
Posted by xosweetiexo
Posted by quasi3
You are. Call your insurance company or a tree removal company.
Really? Ugh. I thought they would be since I heard you can’t trim back your neighbors branches or anything.
I believe you can cut back branches that overhang your property. We’ve done it and so has my neighbor to our tree.
Yep, we do it all the time
That is not true. If a limb over hangs on your property you can cut to the line. I always tell my neighbor when I am having it done before hand. They make sure they are home the day of and will usually tell the tree service to cut more., I.e. over the line. But that is my neighbors, you should speak with yours in the future. If the tree blocks the road your town may remove just that one though.
Actually it varies by town so check before you go cutting anything!
which town? In NY you can cut overhanging limbs on your property to just before the property line.
Town of Babylon.
okay, so I looked at the town code https://ecode360.com/6593916?highlight=trees&searchId=20864606045974009#6593916 and the tree would either have to be designated as a historic tree, or in the public right of way, which means the town has an easement over the tree and then the tree is not your tree.
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| Posted 8/5/20 12:11 PM |
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WannaBeAMom11
LIF Adult
Member since 1/11 7391 total posts
Name:
Name
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Neighbors tree
Your property. Your responsibility.
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| Posted 8/5/20 4:38 PM |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Neighbors tree
I'm in the opposite situation. Most of the tree is on my neighbor's property but it's my tree.
My insurance company specifically said I am only responsible for the portion on my side. I can technically have the tree company cut the tree at the fence and deposit what is on their side on their lawn.
That is a Level 10 d!ck move and I am not doing that to anyone.
I wouldn't be able to sleep at night.
We've been in contact and should be able to work something out.
Good luck
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| Posted 8/5/20 5:02 PM |
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