OT neighbor
On Monday, October 15, 2012 11:41:40 AM UTC-4, Jan Taylor wrote:
My neighbor has large trees, which overhang our property. During this past
wind storm, several large limbs ended up on my property. I asked him if he
could remove them, so I could cut the lawn. He called me every name in the
book, and told me it's my problem.
I suppose I could hire someone to remove them, but only having a fixed
income, and Arty didn't have life insurance, sure puts a bind on things
around here. I'd move them myself, but at 73, I'm afraid I don't have the
strength to, as it already takes me several days to cut the grass on a city
lot.
What would you do?
I would talk to my homeowner's insurance agent. Cleanup may be covered, but having a claim on your record for what sounds like a fairly small cost may not be economical. I don't believe cleanup would be your neighbor's obligation because it doesn't sound like he breached any legal duty that would have prevented or diminished the mess. Your state's or city's law may say otherwise, though. Although the trees grow on his property, the storm -- a classic act of God for insurance purposes -- caused the damage (the mess).
To put the analysis in perspective, could your neighbor legitimately expect you to rake leaves out of his yard that fell off your tree? The only difference in the two situations is one of degree.
I hope another neighbor or charitable organization is willing to help you out. Good luck.
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