by deefutch » Fri May 28, 2010 10:03 pm
This is a homeowners insurance question: A "green" limb from a very large tree fell on the neighbors roof. The adjuster said it is a "joint" tree, and that he would recommend to remove the tree, and that the cost should be split. Does the insurance companies pay to take out this tree? I don't see the neighbor being willing to pay for the removal, and due to the size of the tree, we can't pay for even half of the removal cost. Also, we had the tree pruned etc. and had been told the tree had another 20 years of life.
Posted: Sat May 29, 2010 02:57 am Post Subject:
A "joint" tree? Is it exactly on the property line? Usually it's on one side or the other.... or there is some legal standing as to who's tree it is if it's right on the line. I doubt that this is the case.
Who insurance is telling you this? The neighbors? Why does the tree need to be cut down? From what you mention, a limb fell off of a living tree. I'm not understanding why anyone is talking about cutting it down.
Posted: Sat May 29, 2010 11:01 am Post Subject:
Well, the tree is growing through the fence. The tree guy one of the insurance companies sent is the one recomending the tree be taken down. The tree is a huge White Oak approx 70 old, and it's close to both houses. It has some dead limbs at the periphery. These trees usu get to be 90.
Posted: Sat May 29, 2010 11:36 am Post Subject:
He may be just trying to protect you, (and his carrier although I don't see any negligence) from additional claims...Did the limb that fell on your neighbors house damage it? Did you carrier pay anything for this damage?
No, I wouldn't think the carrier would pay to down a live tree..Are you sure he didn't say that the limb broke in a 'joint'? I've never heard of a 'joint' tree...thought it was a white oak? what does that mean? anyone?
Posted: Sat May 29, 2010 04:51 pm Post Subject:
Well, the tree is growing through the fence.
It does not matter where it goes or ends up... it's where it leaves the ground that determines who's property it's on and as such, who owns the tree.The insurance company has no obligation to pay for the removal as they don't pay to _prevent_ possible damage... this is the home owners responsibility.
Who ever owns the tree has the responsibility to make sure that the tree does not cause damage. If you own it and you (now) know that there are dead limbs then you could be held responsible for any additional damages caused by the tree... at least from the dead limbs. Living limbs in good condition are another story as they usually don't just fall. In this case it was probably caused by something else. The neighbor also has a right to prune the tree that is over the property line as the property owner owes the space above the owned property as well as the land itself.
Posted: Sun May 30, 2010 02:43 am Post Subject: where it leaves the ground
The roots of the tree are partly on our side, partly on the neighbors side. According to the adjuster we "jointly" own the tree.
It was a green, living limb that fell, likely due to the weight of the leaves after a heavy rain - maybe due to the fact that this is the first time it had this many leaves after getting pounded by Hurrican Gustav. It took down another limb on its way down.
We have already paid more than $1000 to have this tree pruned, dead limbs removed etc. There are some more dead limbs that we are willing to have taken out. However, taking down the entire tree would cost around 10K, and I don't like the idea that the insurance company could make us do that, especially since we've been told the tree is "in decline" but has another 20 years of life in it (by arborists who came around after Gustav - ours was THE worst hit single neighborhood)
White Oak is a large type of oak with very large acorns and leaves. I don't know the scientific name, but that's what these oaks are called down here.
Posted: Sun May 30, 2010 02:53 am Post Subject:
The roots of the tree are partly on our side, partly on the neighbors side. According to the adjuster we "jointly" own the tree.
It does not matter where the roots are (roots are long... if this was the determination everyone in the state would own every Aspen tree). It's where the tree meets the ground.I don't like the idea that the insurance company could make us do that,
The can't, this does not sound like your carrier anyway and from what you state they made a "recommendation".Posted: Sun May 30, 2010 03:11 am Post Subject:
Thanks for all the good info!
The tree starts right smack on the property line.
I am wondering what our insurance company could do if we didn't take out the tree? What are the ramifications? Like I said, the tree is not dead, and we would trim the dead limbs left after Gustav (we've had a few removed). I'm wondering if I'll need a lawyer by the time these two insurance companies get through?
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