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neighbor'sa trees dead, my urban gas kiln beneath

updated wed 23 apr 08

 

Jon Brinley on mon 21 apr 08


Hello All=0D=0A=0D=0AAfter talking with my insurance agent. Whom just =
so happened to come by the house today.=0D=0A=0D=0AAs long as the tree=
is healthy, their insurance will/should cover =0D=0Aany cost/repair t=
o the property damaged no questions asked ....IF...the tree is disease=
d or already damaged,=0D=0Ait is the reponsability of that home owner =
to maintain that tree...i.e. remove it. If the home owner =0D=0Adoesn'=
t remove the tree and it falls and damages someone elses property, it =
then falls under the =0D=0Ahome owners liability policy and then the d=
eductable has to be met and then the insurance will=0D=0Acover it. If =
the home owner doesn't cover the deductable or want to reimburse, then=
the other party(Meg) should seek =0D=0Aadvice from an attorney.=0D=0A=
=0D=0AI should probably add that...in South Carolina it may be differe=
nt. But I don't think so.=0D=0A=0D=0AJon Brinley=0D=0ASweetgum Pottery=
=0D=0AMidland, Ga. USA. =

Donna Kat on tue 22 apr 08


On Sun, 20 Apr 2008 14:09:49 EDT, Clayart SCtag wrote:

>I am not sure how to address this, as I had our dead trees, infested with
>pine beatle, removed [$$$$]but in spite of having my tree man give the
>neighbor his card, he hasn't bitten.We have tried to be neighborly with this
>neighbor but get no response. ....................

Almost anywhere I have ever lived you are allowed to trim a tree that over
hangs your property as long as you do not do damage to the tree. Did you
ask your tree guy about the cost of cutting the part of the tree that is a
hazard to your property? Of course the neighbor should be responsible for
cutting down this tree not only because it is dangerous to your property but
because the bark beetles are a serious concern for the local environment.
However, since you want to stay on their good side it might be easier to
simply pay to have the branches cut away that have a direct impact on your
property. Your tree service should be aware of what the laws are concerning
this.

On the other hand you might be surprised at the response of your neighbor.
If you tell them that the kiln is worth many thousands of dollars and you
worry about the tree falling on it they might help find a solution to this
that works for you both. I have had very smiley, pleasant neighbors that
would actively work against you while the quite, private neighbor would go
out of their way when I requested help. One neighbor when I offered to pay
for one 6' strip of fencing they were putting in if it shielded their car
lights from our back windows told me that this wouldn't do because she like
seeing the cars go by from her back yard. People can be more than a little
odd when the get possessive about their 'territory'. I know - I'm one of them.

Donna