Neighbor situation: Can anything be done? UPDATE

[finally]

Our neighbors have a very large tree in their front yard that has leaning out of the ground since Sandy.  It was about 8" out of the ground all winter but with all the rain lately, it's now almost 2' out.

DH talked to neighbor about it a few days ago and neighbor told DH that he called a few tree-guys and the quotes were very high because everyone is having trees taken down damaged from the storm.  He told DH that he decided to just leave it and let it fall on it's own so that he can use insurance. 

Problem is, when it goes it is taking a ton of wires down with it which means we'll probably lose electricity and cable.  And there's a good chance it will block our dead end street.

Is there anything we can do?

UPDATE:  I called the electric company and because it's not on our property, we can't do anything. DH is going to try to talk to him today about it and bring up all the great ideas you had and especially if insurance won't take care of it if it only falls onlines and in the street.  Thankfully there's no danger of it falling on our home - it will just be more of an inconvenience if we lose power and can't get out of our street.

 

  

[adhdfashion]

Will the County or Power company cut back a tree that will ruin the power lines?

[Deleted]

May 25, 2013 11:53:31 GMT -5 adhdfashion said:

Will the County or Power company cut back a tree that will ruin the power lines?

I'd take this route. Our power company will trim/cut/take down anything in the path of a powerline no questions asked. I also know it's free or at least low cost if you request it before an incident happens, but if you willfully leave it, you'll get billed.

[RoxMonster]

Yes, our utility company comes out at least once a year and trims all branches and limbs that might interfere with the lines. I would call them and see if they can come out. Should be free, since we are never charged for it--they just leave a note in the door telling us when they will be out.

[finally]

Would they do this if right now they are not in the way of the lines? It's only if (and when) the tree falls that it will take the lines now. Right now, there's no interference at all.

[Deleted]

Where I live, the potential to fall on a power line qualifies as "in the way." It's like prevention in case something does happen. So call and check but here that's a big yes. It also depends on how many feet it is from a power line. There's a "safe" distance here and they'll trim anything back in that path.

But it's so damn windy here all the time, that they don't take chances.

[nomad100]

You may want him to check with his insurance since he is counting on the insurance to pay.

I know that ours won't cut/clean up a downed tree unless it damages property/fence/etc. So if it just fell over in the yard and took out power lines that would be fixed by the power company, it wouldn't be covered.

Not sure if this is the same situation with all insurance but it may be worth a call for him so he isn't surprised. Especially since he is aware that there is a problem.

[mollybrown]

Ditto advising the neighbor to call his insurance company now. His stance makes no sense. Insurance doesn't cover trees that just fall over. If his policy covers trees damaged by a storm, then there is no sense waiting for it to fall. He should have called right after Sandy if that's when the tree was damaged.

As far as what you should do, take pictures of it and send him a certified letter confirming that his tree is damaged and you are concerned about it falling on your property. You will need proof that he was aware the tree was a hazard if it comes down and damages your property. If there's no chance your property would be damaged, then I would focus on seeing if there is anything the power company can do.

[emoflamingo]

Insurance will not cover the tree with the company I work for and have my insurance through. It will only cover damages to the premises caused by a downed tree and not removal of the tree itself. I have no further advice, though you got some good ideas here.

[bunnymendelbaum]

A friend ran into a situation where a rotten tree fell in her yard and crushed her neighbor's fence. Her insurance would not pay because the tree was a hazard and she *should* have had it taken care of before.

Also, if this week has taught me anything, it's you never know how a tree will fall until it does. He should do something about it now.

[treedimensional]

May 25, 2013 22:00:04 GMT -5 mollybrown said:

Ditto advising the neighbor to call his insurance company now. His stance makes no sense. Insurance doesn't cover trees that just fall over. If his policy covers trees damaged by a storm, then there is no sense waiting for it to fall. He should have called right after Sandy if that's when the tree was damaged.

As far as what you should do, take pictures of it and send him a certified letter confirming that his tree is damaged and you are concerned about it falling on your property. You will need proof that he was aware the tree was a hazard if it comes down and damages your property. If there's no chance your property would be damaged, then I would focus on seeing if there is anything the power company can do.

THIS.
I get so many phone calls about this. Unless the tree itself is appraised and insured, it is worth nothing to his insurance company. It is a liability. People always call me to appraise their trees and perform hazard evaluations AFTER the tree falls, and they always hate what I tell them.
Homeowners insurance covers damage to the home and property, meaning the man-made structures and vehicles. The tree is not covered without a separate rider. He will have to pay to have it removed REGARDLESS of how or when it occurs.
He could be sued for negligence if the neighborhood loses power. However, you conversations with this neighbor must be documented, even if it is just an email saying something like "in reference to our conversation yesterday, about the dangerous tree leaning over the power lines, blah, blah, blah..." - it needs documentation.
Most people have no idea how many lawsuits stem from tree disputes. It's a big part of my practice.

[treedimensional]

May 26, 2013 0:41:28 GMT -5 bunnymendelbaum said:

A friend ran into a situation where a rotten tree fell in her yard and crushed her neighbor's fence. Her insurance would not pay because the tree was a hazard and she *should* have had it taken care of before.

Also, if this week has taught me anything, it's you never know how a tree will fall until it does. He should do something about it now.

The position of the insurance company is common, but  extremely easy to overcome in court.

How did the insurance company know the tree was a hazard? What was the hazard rating? There IS such a thing, and it can be determined by a qualified individual.
If the insurance company had previously determined that there was a hazard tree on the property of the home they insured, why did they withhold this potentially life-threatening information from the insured? etc etc etc. This stance could quickly backfire with expert witness testimony!
Cases like this go to court EVERY DAY. No judge or jury would ever expect a homeowner to be able to identify a hazard tree. It takes training, and there are not many qualified people in this specialty. And, healthy trees fall ALL THE TIME.