My tree causing damage to my neighbor's roof?

by samipaindo » Fri Mar 20, 2009 04:55 pm

My neighbor just complained that a part of his roof has been damaged because of one of my tree branches banging against it? He is asking for my insurance company's contact number. Now we bought this place last October. So I do not know how much of it is my responsibility? He is selling his property soon and I guess he is getting to replace the entire roof. The roof has to be atleast 10 yrs old.

I am a first time home owner. Can someone tell me am I liable for it? I asked the neighbor if he had notified the previous owner about the branch, he siad that he had not.

So what would be the best way of going about this?

Total Comments: 20

Posted: Wed Apr 29, 2009 03:11 am Post Subject:

BTW the inspector for the house general inspection I hired told m nothing about the trees.



So many of these home inspectors are trash. You really need to do your homework before hiring one.



what should I do?



At this point, you are on notice of the dead trees. If something would happen and your neighbor's house was damaged and they knew that you knew there was a problem or if it was obvious that there was a problem, you would be on the hook for the damage. You probably need to get them taken care of.



I heard that sometimes city is taking care of dead/dying trees, is that true?



Check with the city. If they are on your property they normally would be your responsibility. The only time that I have seen someone other then a homeowner cut trees (branches) is when they are near power or phone lines.

Posted: Wed Apr 29, 2009 04:50 am Post Subject:

Since you were aware of the dying trees any claim arising in the future involving the trees would be your responsibility. IMO you should get the trees removed from your property to avoid paying out claims to the neighbors in the future.

~Jeremy

Posted: Wed Apr 29, 2009 11:30 am Post Subject:

Yep I agree, you 'know' now, so if they do fall, you'll be on the hook...check with your city, and if the limbs are in any lines call the company that owns the lines. You can always 'shop' the tree trimming job if you cannot do it yourself, just make sure that the contractor is insured...

(sorry that's three adjusters' opinions that you'd likely be held responsible for your neighbors damage, better do something before some big winds come)

Posted: Wed Apr 29, 2009 10:00 pm Post Subject:

NO KIDDING. I'll talk to a builder first, may be he will take care of it. I didn't close yet, will take possession on a property later in May.

Posted: Thu Apr 30, 2009 06:22 am Post Subject:

NO KIDDING. I'll talk to a builder first, may be he will take care of it. I didn't close yet, will take possession on a property later in May.



Hope things will soon straighten out. You surely don't need this headache with the new house. Trust me things can take really ugly turn between the neighbors over these issues.

Posted: Thu Apr 30, 2009 10:50 am Post Subject:

I didn't close yet,

If the contract has not been approved and signed by all parties you could add this to the contract...even if it has, 'technically' the builder owns the property at this point...I think a little pressure from you will get this done...the builder will likely have a couple of guys on his crew do it...let us know how it turns out.

Posted: Wed Jul 22, 2009 01:48 am Post Subject: Tree damage to roof

I have a neighbor who has planted fast-growing (will get to be 30 to 50ft tall) trees on the propery line.
HIs tree leaves are in our gutters and we have to pay a guy 2X per year to clean out his leaves! The branches are so close they skim my second floor windows. Now they are towering over the roof! This will cause damage as it continualy scrapes our shingles. He has never trimmed the trees in 5 years. It is our expense also to trim all branches that tower into our yard. He is a class#1 jerk who doesn't care about shading our house interior, doesn'r care about our financial burden or work.
But of course the city can't do anythng. We have tried to talk to him, sent polite requests thru the mail - no reponse. He is a curmudgeon who wants his yard to be a jungle and apparently wants ours to be part of his jungle as well. I feel sorry for the neighbor with the trees
brushing against the roof!

Posted: Wed Jul 22, 2009 11:02 am Post Subject:

Living next to Jungle I certainly feel for you. What's that old saying about fences making good neighbors? :wink: It's very frustrating when you take good care of your place, and have a lazy jerk without any 'neighborliness' to him next door.

If I were you I would have those limbs cut back to the propertly line. That way you should only have to do it every other year or two if that. All city/county regulations I've read, say once that limb crosses the property line you are free to cut at will...as long as you don't cross his line without permission.

Be sure you are keeping copies of these letters you've sent requesting he trim his trees to prevent damage to your property, should a claim arrise, you can prove that you put him on notice.

Posted: Thu Aug 06, 2009 04:49 am Post Subject: trees close to roof

Hello,
I have some trees that are overhanging my roof. I heard that the leaves falling on the roof could damage it...can you explain how the damage could occur? I would figure that the leaves would blow away or wash away in a rain. thanks in advance.

Posted: Thu Aug 13, 2009 08:29 am Post Subject:

Just a few:

Wind can blow braches along the shingles causing premature wear to the shingles and shortening their life.
Tree that cover your roof do not allow the shingles to dry out causing excessive moisture to the house and possibly the attic. Leaves that stay on the roof can do the same.
Leaves that fall can clog the gutters and downspouts and not allow them to work properly.

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