"Phisherman" wrote in message
news
On Tue, 28 Apr 2009 19:09:11 -0700 (PDT), Joe
wrote:

My neighbor has had a dead tree in the back of his property for about
a year, last night the wind finally broke the trunk and it fell a
little toward my yard but was stopped by a large oak tree on my
property. I'm worried that it might break apart and fall when my
children are playing in the yard. I need this tree to come down and
I'm worried that my neighbor won't do it. They have a habit of only
doing the kind of maintenance that is absolutely necessary. How do I
approach them to make sure they take care of this problem? I'm on
good terms with this neighbor and I'd like to take care of this in the
most tactful way possible but I get the feeling they are going to tell
me that if I want the tree down I'm going to have to pay for it
myself.

I spoke with an insurance adjuster tonight that is licensed in every
state, Canada and most countries in Europe. So I trust their opinion,
which is strictly from an insurance standpoint.

First question: Did you ever discuss the dead tree with the neighbor?
Or him with you? (Was he aware that it might be dangerous?)

If yes: Call your insurance company. They will remove the tree and
collect from the neighbor or his insurance. There may be a limit to
how much they will pay to dispose of the debris.

If no: Is the fence yours? (Yes means it is covered by your insurance)
If yes: Is the dead tree touching the fence? If yes: Your insurance
will pay to remove the tree to prevent addtional damage to insured
property. No coverage for your tree unless you have a landscaping
rider.

If the fence is the nieghbor's and the tree is touching it, his
insurance will pay to remove it.

If the neighbor was not made aware of the danger and the tree is not
toughing the fence then God intended for you to have that tree, dead
or not. It is your responsibility to remove it.

But, God may not be finished with the tree. A late, windy night the
tree could fall farther and contact the fence. Then, whoever owns the
fence needs to call their insurance company.