Nope, what falls on your property is your problem to clean up (and pay for). If they KNEW the trees were damaged or sickly and a danger, then yes, they were obligated. That would be nearly impossible to prove, tho. You can put in a claim thru your insurance, and even if they pay, thye may take a second look at your property and raise rates.

The above is correct, however make sure to submit a claim with the fact that the trees were structurally weakened by their digging and filing. Additionally, it will help if you can document the fact that you advised them of the hazard before the windy storm.

Guy two houses up from me had a tree fall onto his fence from the neighboring lot which is owned by the County. He contacted the County and they actually removed the tree from his property and reimbursed him for the damage. It costs you nothing to try!

YEAH! You are among the lucky ones!

I've had something similar: a huge sweet gum (3.5' DBH) on the adjoining property had been dropping branches on and damaging my property for a decade. August a year ago, it started losing its leaves during the height of the growing season. It was an obvious problem, so I sent a registered, return receipt requested letter to the owner (it's a duplex rental) putting him on notice that the tree was a hazard. Since I put him on notice that there was a potential problem, any future damage would be on his dime.

He did nothing. Multiple letters and e-mails and still no response.

Several storms and more damage later, including one branch landing on the electrical service drop and severing the neutral conductor, I drafted letters to everyone who might be in a position to help. The city attorney, the city manager and the director of parks and forestry, as the city has provisions for the removal of a public nuisance tree from private property - fining and billing the owner for the trouble.

Well, the night I drafted the letters, a branch entered my second bedroom during a 2" an hour rain storm. Now this was some real damage, fulfilling all the 'requirements' in the definition of a public nuisance. Even his mortgage company.... (He's way upside down with about twice as much paper as property value.) One of the letters found its mark, as a tree crew showed up and removed the huge tree. It was 5' from his building and about 10 from mine....

My insurance company promptly paid for a new roof (I put the old one on 35 years ago) and interior damage. Their subrogation unit will be suing him for the cost of the repairs since I had put him on prior notice.

apg4,

Great job!

I guess I really got off easy with my issue!

no Decent insurance company is going to raise your rates on a small tree claim especially if you had no control of the tree. I have had ice dam claims to the tune of 10,000, tree fell on the house in the remnants of sandy (6 months after I had new roof put on) , and a sump pumps failure and consequent water back up ( which my policy does cover) . My company has never raised my rates because of these claims. I have been insured but them auto and home since 1988. That might help

I do not see where a single poster mentioned rate increases, however what you posted is not correct in my case.

A tree on my lot fell and did a miniscule amount of damage to my home. My insurance Co paid the $500 for a service to haul away the fallen tree. I repaired the damage at no additional cost.

They raised my rates over $350/year and have continued to raise the cost each year.

Oh, I'm insured with USAA. Been with them for over 50 years. They are reputd to be one of the top insurers in the Country.

That was the first Homeowners Claim I had ever submitted. (Wish I had not submitted it!)

I guess it depends upon the insurance company.... Years ago - a week after my wife gave me a Weber "Performer" grill, a branch fell out of my big gum tree (see a pattern here? damn gum trees....) in still air - and crushed in the lid, broke off the wheels and turned the tempered glass picnic table to dust. I *inquired* about filing a claim. First chance they had, they refused to renew my policy. No claim, just an inquiry. I would bad-mouth that company - if I could remember who they were.

Got a new lid and wheels for the grill. And the gum tree? The biggest in the neighborhood? I had that sucker cut down PDQ. Too bad the neighbor couldn't have done the same.

Geez I'd be looking for a new insurance company if mine did that.

Ya think?

You were lucky that the company covered it!

I just had a dead tree removed and it was in a tricky spot--between my carport and my neighbor's garage. I couldn't believe the previous owner allowed that tree to grow there. My house was built in 1939 and the previous owner lived here for the last 30 years before I bought it.

Anyway, they had to cut sections at the top and gently lower by rope to the ground. It set me back $850, but it would have been worse to have it fall and damage both structures.

My neighbor on the other side has a live pine tree leaning my way. I want to ask them to have it removed, because when it falls, it's going to hit my home, which I spent a year renovating.

"You were lucky that the company covered it!"

Nope. Would remove fallen tree as long as there was any damage to my property.

I initially reported no damage, as the damage was superficial. USAA would pay nothing. I asked if they would pay if there was any damage? "Of course," they replied.

"My neighbor on the other side has a live pine tree leaning my way. I
want to ask them to have it removed, because when it falls, it's going
to hit my home, which I spent a year renovating."

Leaning toward your home is and of itself is not justification for requiring the tree to be removed or otherwise trimmed

If it is diseased or otherwise at risk - think root system compromised by structures - if the owner can be shown was aware or should have been aware of the situation he may be liable. Send him a written notice of your concern and include a copy for your Insurance Co. Hopefully you can identify something of a more substantial concern than "it's leaning."