Homeowner Claims/Tree Removal ???

[DanC78]

Big storm blew through Friday night. Knocked down an 80 ft pine tree in my backyard, about 60ft of it fell on my neighbors yard, top half was laying on their house, (has since been removed).

There is a good portion of the tree still in their yard. Obviously the right thing to do is for me to have it removed. I don’t mind doing this if that is the case.

Why I’m kind of torn. My neighbor also had a pine that was in their years fall. Their tree was equally as big and fell directly on their house, ripped right through the roof. There is major damage done to their house.

Since they will obviously be filing a claim, will their insurance pay to have the tree that fell from my yard removed?

Anyone know or have experience with this?
Being the cheap bastard I am, I don’t want to pay if I don’t have too....just sayin.

 

[FSUdawg]

I will start off by saying I have no idea what is the correct legal thing to do.

Personally I would have the tree from your yard removed ASAP, hopefully before they even have an insurance adjuster out to look at the damage caused by their own tree. This way their insurance company doesn't try to pin some of the damage on you and ask for your insurance to pay for part of the damages.

 

[seminole97]

Big storm blew through Friday night. Knocked down an 80 ft pine tree in my backyard, about 60ft of it fell on my neighbors yard, top half was laying on their house, (has since been removed).

There is a good portion of the tree still in their yard. Obviously the right thing to do is for me to have it removed. I don’t mind doing this if that is the case.

Why I’m kind of torn. My neighbor also had a pine that was in their years fall. Their tree was equally as big and fell directly on their house, ripped right through the roof. There is major damage done to their house.

Since they will obviously be filing a claim, will their insurance pay to have the tree that fell from my yard removed?

Anyone know or have experience with this?
Being the cheap bastard I am, I don’t want to pay if I don’t have too....just sayin.

Had a similar storm snap the top 40' off my neighbor's red oak three days after my first mortgage payment.
Dropped it on the roof of my garage and it required replacing two pieces of decking and re-shingling the roof.
My insurance took care of everything. I was told since it was a living tree it was an 'act of god', if it had been a dead tree the neighbor would have been responsible.
Adjuster wrote up a $3200 estimate, but I was able to get everything taken care of for ~$1800, so I was money ahead with some new shingles for a few months with the insurance company...

 

[DanC78]

I will start off by saying I have no idea what is the correct legal thing to do.

Personally I would have the tree from your yard removed ASAP, hopefully before they even have an insurance adjuster out to look at the damage caused by their own tree. This way their insurance company doesn't try to pin some of the damage on you and ask for your insurance to pay for part of the damages.

Good point.

From my research online, their insurance is liable for damages to their house when the damage was inevitably caused by a natural disaster, like a thunderstorm....which makes sense to me.

The cause of the damage was the storm, the effect was the fallen tree.

 

[DanC78]

Had a similar storm snap the top 40' off my neighbor's red oak three days after my first mortgage payment.
Dropped it on the roof of my garage and it required replacing two pieces of decking and re-shingling the roof.
My insurance took care of everything. I was told since it was a living tree it was an 'act of god', if it had been a dead tree the neighbor would have been responsible.
Adjuster wrote up a $3200 estimate, but I was able to get everything taken care of for ~$1800, so I was money ahead with some new shingles for a few months with the insurance company...

This is good news. Thanks!

 

[amicusnole]

Yes, it’s their insurer’s responsibility. You have no liability unless the tree fell due to an apparent disease or condition that you didn’t remedy.

 

[cmanole]

Any part of the tree on their property is their responsibility and any part an your side is your responsibility. Does not matter whose yard the tree grew from. You have no legal obligation to help them with any cost...

 

[SoddyNole]

If it was my tree, I would have it removed no matter where the property lines with the permission from the property owner. I would feel like it is my responsibility. Heck, I helped a retired neighbor cut up one of his trees that fell in his yard just to be nice.

Let me add he was very old and had breathing issues and I wasn't sure if he would survive the work. I ended up cutting most of it and carried the pieces into the woods behind his house. A few days later I ended up with poison ivy and had to pay $70.00 for a shot. Probably a bad example because being nice here cost me.

 

[DanC78]

I’m removing the additiaonl 25ft stump that remains in my yard. The tree removal guy is charging me $500 to remove, haul off, and grind down. He said he’d remove the rest in the neighbors side at no charge. He did say that it’s not my responsibility being it was an “act of God”, but doesn’t mind taking care of it just to elevate any confrontation on my end.

Thought that was nice if him.

 

[SoddyNole]

I’m removing the additiaonl 25ft stump that remains in my yard. The tree removal guy is charging me $500 to remove, haul off, and grind down. He said he’d remove the rest in the neighbors side at no charge. He did say that it’s not my responsibility being it was an act of god, but doesn’t mind taking care of it just to elevate any confrontation on my end.

Thought that was nice if him.

That sounds like a very high price for said work but maybe that is going rate in Atlanta.

 

[OsceolaNole]

That sounds like a very high price for said work but maybe that is going rate in Atlanta.

That's the price you pay to elevate confrontation.

 

[DanC78]

That's the price you pay to elevate confrontation.

Well crap...I googled and that seemed to be the going price.

 

[F4Gary]

It's recommended around here to not just leave all the woodchips/sawdust in the stump hole. They take forever to decompose. Better to spread them around the yard or use them for mulch in your flower beds. Fill the hole with dirt.

 

[Bud Fox]

It's recommended around here to not just leave all the woodchips/sawdust in the stump hole. They take forever to decompose. Better to spread them around the yard or use them for mulch in your flower beds. Fill the hole with dirt.

Isn’t it best to have the stump grinded down below the grass line?

 

[bigmamanole]

Well crap...I googled and that seemed to be the going price.

That is a good price!

 

[SoddyNole]

That is a good price!

To make 10 cuts on a tree that is already down and grind a stump? That is why he offered to do the rest of the tree for "free" I'm guessing.

 

[F4Gary]

Isn’t it best to have the stump grinded down below the grass line?

Yes, but the stump grinder guy will just rake all the wood chips into a pile where the stump was.

 

[amicusnole]

Just to clarify--there actually can be liability for grinding your stump on certain parts of your neighbor's property.