bad soil and 9 inches of rain = this

[joel95ex]

last june. this southern red oak simply tipped over after a ton of rain. In TX, regardless of where the tree is growing, the damage is the responsibility of the owner---so that was me even though it was my neighbor's tree. this is before they brought in the crane ----cutting it would have resulted in it falling into walls or rotation or both...... Note in the lower left corner the stack already in place

and here are two rows of some of the limbs/branches....

 

[CountryBoy19]

In TX, regardless of where the tree is growing, the damage is the responsibility of the owner---so that was me even though it was my neighbor's tree.

I believe it's that way in most places, at least in the US. Just like any tree branches from your tree hanging over the property line can be trimmed right up to the line by your neighbor, once that tree came across the line it was all yours.

 

[Backwoods Savage]

Looks like one that had to be taken down little by little. It pays to have good equipment for this type!

 

[burntime]

So what happends if he leaves a chunk standing and refuses to take it down and it hits your house? That does not make sense. It would be a lack of maintenance on his part that caused your loss. You may be right but it just does not sound fair...

 

[joel95ex]

If the tree is alive, then there is nothing you can do about a neighbor's hazard tree, but if it is dead then you have some leverage.......you guys won't believe it, but the tree guys I used removed all of this to the property line without damage, using a crane and bobcat, then my neighbor hired some idiots to trim a branch and they were pulling on it for some reason and sent it through my window. I nearly blew a fuse.......i asked them how in the world could a huge tree be taken down without incident and they can send a single limb through the window. the neighbor paid for the window.

 

[shawneyboy]

If the tree is alive, then there is nothing you can do about a neighbor's hazard tree, but if it is dead then you have some leverage.......you guys won't believe it, but the tree guys I used removed all of this to the property line without damage, using a crane and bobcat, then my neighbor hired some idiots to trim a branch and they were pulling on it for some reason and sent it through my window. I nearly blew a fuse.......i asked them how in the world could a huge tree be taken down without incident and they can send a single limb through the window. the neighbor paid for the window.

I sure as heck hope so...... the neighbor would have been smart to negotiate with the co you had, they were there, set up, could have done the job for a nominal fee. Instead, he/she pays for another company and then a window.

 

[CountryBoy19]

So what happends if he leaves a chunch standing and refuses to take it down and it hits your house? That does not make sense. It would be a lack of maintenance on his part that caused your loss. You may be right but it just does not sound fair...

If you have homeowners insurance then that would be a matter for your insurance company to take up in civil court. If they can prove the neighbor was negligent then they can recoup their payout to you. But it's not legally required that a neighbor pay for it, and that is for good reason. It's because circumstances vary, and it's not always the fault of the neighbor etc. That is why it is left to be a civil matter.

It's sort of like a tornado, it came from the neighbor's property too, but if it wasn't his negligence that caused it then it's not his responsibility. Your insurance company is there to pay for this exact sort of thing (acts of nature).

 

[joel95ex]

yes the insurance paid for the tree removal, new roof for the whole house (i was suprised) and interior repairs from the water coming in the hole. overall it wasn't that bad except my girls were really scared----my wife was out of town with our oldeest daughter for a basketball tournament, and the little ones were scared of the thunder-------so they got up and were in our bedroom trying to sleep when this fell on the master bedroom and bathroom....so for a while they were really scared of whenever there was a storm. Now my 8 yr old watches the weather

 

[katwillny]

Glad no one was hurt during this ordeal. Perhaps this experience will point into a career in meteorology. %-P

 

[PapaDave]

How much wood did you get outta' that?
New roof that you don't have to worry about for quite a while. Silver lining, and all that.
Glad no one was hurt.
My youngest daughter was deathly afraid of thunderstorms for the longest time for some reason.
When I was growing up, we'd put on shorts or trunks and run in the street.....at least until Mom darned near killed us for being so stupid.