# Question about a dangerous tree in neighbor's yard



## Darien1 (Oct 6, 2011)

My girlfriend's neighbor has a dead pine tree in his yard that may fall on her house.  The tree is dead and already leaning towards her house.  It is a very large pine about 90 feet tall.  If it falls it will cut her house in two.  She has notified the property owner by registered letter and has had her atty. contact him by registered letter.  He has done nothing about the hazardous situation.  She has called the County authorities and they say that they are powerless to do anything about it.  This is in Glynn County.  Is she powerless in this situation?  She is just waiting on the tree to fall and crush her.  Seems like something could be done.  Does anybody have any experience or advice in a situation like this?  Thanks


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## jkkj (Oct 6, 2011)

Sounds like she has done her part. Maybe the neighbor will do theirs.


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## boneboy96 (Oct 6, 2011)

If she is carrying renters insurance, she may want to contact the insurance company.  They may find it to their advantage to pay a little now to have the tree removed vs. paying out a huge settlement later on after it falls.


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## Darien1 (Oct 6, 2011)

She is fully insured and has contacted her insurance company.  They will not pay to have the tree removed and they were the ones who advised her to send the registered letters.   We are just worried about her getting killed if the tree falls through her bedroom.  Not to mention the inconvenience if it just falls on her shed, carport car and her house without falling on her.


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## dwhee87 (Oct 6, 2011)

Offer the neighbor  to pay half?


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## rider1009 (Oct 6, 2011)

I had the same situation at my last house, I contacted the power company and told them it was dead and could possibly fall on the service cable to the house. Two days later they sent a tree crew and cut it down at no charge.


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## Reel Big-uns (Oct 6, 2011)

Contact the local Civil Defense Director and see if they will come to the location and look to see if they have any authority in this type of situation. 

If this doesn't do any good then see what a $125.00 letter, from an attorney, of intent to sue in the amount of $25,000 for negligence  plus the cost of damages in which will result  in the tree falling on the house.


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## Huntress (Oct 7, 2011)

My mom had the same problem, her insurance adjuster came out and took pictures of the tree that was posing a problem and contacted the homeowner that if it fell they would come after him for the cost of repair to her home.  It did not matter that an attorney had already contacted him but it was 5 days after the insurance contacted him it was cut down.  Certified letter and pictures was all it took from her insurance company.


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## Twenty five ought six (Oct 7, 2011)

She needs to send a certified letter to the homeowner advising him of the obvious dangerous nature of the tree, and ask him to remove it.  Photos of course will help.

If he has a decent ins. company, it will remove the tree as a proactive measure, just like most companies repair rock chips in glass for free.

If she does not send the letter and keep documentation, his company will claim it is an "act of God" when it goes, and not pay for the repairs.

Oral communication is not sufficient.

Other than the letter there's not a lot that can be done.


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## donald-f (Oct 7, 2011)

In the post above refering to (ACT OF GOD) is not correct. The act of god only applys if the tree is live and healthy. If the tree is dead the state says it must be removed. I had 4 trees fall from a lot next to mine and cut my boat half into and damage corner of house. I sued in small claims court and recieved judgement for $3,000. I settled for $1500 and another boat. I did the research on dead trees at local libriary and presented the case  myself.


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## Lukikus2 (Oct 7, 2011)

The registered letters will cover her in case the tree falls damaging her property. Their insurance will have to pay for damages. Loss of life is a whole other matter. Her insurance Co. should contact his Ins. Co., if in fact it is dead, and them remove it. She should not have to pay a dime to help remove something that is not on her property.


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## bamaboy (Oct 7, 2011)

This is what I had to do a few years ago with a neighbor same problem. Send a certified letter stating the tree is dead and is a safety concern for both parties and then when it falls the owner of the tree will have to pay for all damages and YES it worked! Save your receipt for the certified letter. A lawyer I called told me how to do this.


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## shakey gizzard (Oct 11, 2011)

Most insurance policys wont cover damage from dead or dieing/sick trees!


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## JustUs4All (Oct 11, 2011)

The insurance company of the owner of the tree will be on the hook for the damages when the tree falls if it is a known hazard that is ignored negligently.  That company may force the owner of the tree to act or cancel the policy.  He might find it difficult to get insurance on the property thereafter until the removes the hazard.   If he has a mortgage on the property the mortgagor requires that insurance be kept in force on the property.  There is another source of pressure for the owner to take care of the hazard. The insurance agent of the party who is in danger can be of assistance in this matter.  

If the tree owner resists all requests and all pressure that can be brought to bear, I would try making a complaint with the magistrait of reckless endangerment.


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## shakey gizzard (Oct 11, 2011)

Not to mention,( depending on how long the tree has been dead,) this is the exact type of weather that brings those trees down. Soaking rains fallowed by gusty winds!


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