I actually just spoke to my insurance agent about this because we're buyig a house with several large trees on the property line.

He said that if one of our trees were to fall on the neighbor's house due to a storm or lightening, or through no fault of our own, THE NEIGHBOR'S homeowner's insurance would pay for it and we ARE NOT liable. At least in our state. That is what BillswifeRebeccasmom is describing as well. Yes, it sucks if you are the one that suffers the damage because your policy has to cover it unless a rider in the policy specifically excludes fallen trees. The tree's owner is not responsible for damage due to an act of god, just like they wouldn't be responsible if a tornado threw their car into your house. Even though their car technically caused the damage, it was an act of god (tornado) that caused the car to move. Same with a tree.

On the other hand, if the tree is dead or you have good reason to believe that it might fall over because of disease or something, but don't do anything about it, you are considered negligent, and no one's insurance would cover it. So, you could sue the neighbor whose tree fell on your house. But, if the tree was in good shape before the incident, whoever suffered the damage has to file with their own homeowner's insurance.

This is always a gray area and usually varies to some degree from court to court. Generally, if you don't cut it down, your neighbor still legally has a right to enjoy his yard so you need to trim the tree to allow for that (some hanging branches). He can't just cut straight up and cut all the branches that cross into his property (as he doesn't own the air), because he may kill the tree. Try trimming it back and see if he is happy with that. If not, and you both agree, have it cut...and it is generous of him to offer to pay for half. But he is doing that because he wants the tree cut, and without that offer, he prob figures you won't go for it.

It would vary from state to state as to what legal responsibilities are and who can do what to the tree. I'm pretty sure in my state, you can cut down anything that hangs into your yard, even if the tree is on your neighbor's property. I think it's great the neighbor is paying for 1/2 of it.

We to have trees on the property line that need to go too one is visiable leaning and one went already. We called our insurance about the fence damage and its a $1000 detuctable and then they cover the rest only the depreciape fences so they don't have to pay anything. We lucked out in that there is an empty lot behind us. We told the owner and she had the tree removed (though they left logs alond the fence line. Anyway we couldn't get them to do anything else. Really you don't have to do anything either.
If you were going to get rid of it anyway then great deal with them paying half. However, If its healthy why should you pay anything. If you don't care give them permision to cut it at there exspence.
In our case the lot is for sale so we hope that the new owners will do something.

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Kimberly Proud Mommy to Bethany Rose April 2006 &

Organizer of the Coupon Clippers of Tacoma

Yeah its your responsibility...

DH just recently cut down like 3 trees cause they were rotting and I was fearing them falling on the neighbors house, or there pool or something.. So DH went out there with his chainsaw, and some ropes got it pulled down.

I know in our city if a tree is close to a main power line near the road, they will cut it down, no questions asked... But if it is a tree that is near a line of the house comign from the street they dont care, thats your responsibility

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Tara, wife to Jason, mama to Jayden 12/23/06 PG with #2 EDD 8/3/08 ~ non vaxing, co sleeping, cding, bfing,AP family.

Why don't you just trim away the part of the tree hanging over his house and drive? Then you don't have to cut down the tree and lose the shade on your side.

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When I was living with my parents our neighbor always asked for them to cut some dead branches of our tree down that hung over his garage. We called several tree companies and no one would cut it down because it was so large that the pieces they would cut could damage his garage. Sure enough a storm or two later a large branch fell onto and damaged his garage roof and side. Our insurance did pay for it even though it was a act of god because we tried every attempted prior to correct the situation.

It sounds like he is a great neighbor because I don't think he legally has to pay for it at all. But, it also sounds like he doesn't want it cut down, just realizes it should be cut down. Good luck.

I think that he would have a tough time getting your insurance to pay for it. When my brother first moved into his last house, he cut down all the trees that were in his backyard. Then hurricane Charley hit and the trees from either side fell into his yard. It was basically determined that since the trees were now in his yard, it was his responsibility to remove them, not the neighbors where they originally grew.

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Pain is temporary, quitting is forever....

This has been such an interesting thread. Thanks for the responses. I think we've both (us and the neighbor) have done a nice job of working together and keeping our communication open and that surely counts for something!

We're having the "tree guy" come and check out the tree. Though, last winter, he fell like 60 feet out of a tree and I'm not sure if he is back in business yet, though I think his son is working with him now. I do know he attempts to save the tree when possible. The tree, other than it is large and on our property, does not affect us either way. It is in the corner of our lot and the shade it provides is actually more to our neighbor's benefit than ours. Not that I'm super excited about paying for the tree removal, I hear it is very expensive (even if we split the cost), but I cannot imagine keeping something that has the possibility of falling on top of my neighbor's house. If I'm right, that is the end that they sleep in.

I'll let you know what we decide to do!