OT - Stressed!!!! Opinions please. UPDATE #23

[smkiya]

A neighbor has a large dead tree in their yard. Well a few weeks ago, a large branch fell onto an 8 foot section of my wooden fence and destroyed it. I waited a week for them to contact me, and nothing. I called them and was told they had a call out to their insurance company and would get 3 estimates to have the tree removed. I waited almost another week, and nothing, so I called again. They said their insurance company said they weren't responsible and me and the neighbor I share the fence with should share the repair cost. Well my insurance company says the neighbor who has the tree is responsible because it's dead. My insurer and several other sources suggested I send a certified letter stating the hazard of the dead tree. I did this, and in the letter restated their intent to have the tree removed. Because we don't agree about who is responsible, I also added that I would file a small claims suit for the fence repair and removal of the branch if he or his insurer wouldn't pay. Well, they got the letter today and called. I spoke with the husband and heard the wife in the background who was angry. He said he wanted to do things neighborly, and I'm threatening them with law suits, and why did I have to write the letter if we could do this neighbor to neighbor. I was very pleasant, and apologized for their misinterpretation of my intent. I am a nice person, but I'm also not stupid. I told them I didn't want them to think I was being mean, I just want this to be resolved fairly and promptly. If we get a storm or snow or ice, the dead tree will come crashing into my daughters room. The letter is to protect me and my property from future damage if they claim they're not responsible if the tree hits my house. I told them I had to send it certified, so there was proof that I notified them of the danger (people have a funny way of forgeting things). They didn't understand why I needed to get a a third party (judge) involved. I said because when 2 parties don't agree, it's best to have a mediator involved (one who knows the law). The letter was strictly business, not personal at all. I did use words like negligence, and time is of the essence, but never did I insult them or their intentions. There response kind of shook me up a bit. Like maybe I was wrong to send the letter, and maybe I should just suck it up and pay for the fence on my own. I've never talked or even seen these neighbors in the 3 years I've lived here.

I'm not asking for legal advice, so please refrain, their tree was dead not alive when the branch fell and there's a difference. Let's give the moderators a break, and leave this one alone...

What I'd like to know is should I feel bad about sending the letter? I just want to make sure that they are held responsible should the tree fall this winter or anytime in the future onto my house. Should I have said that I would take them to court? I mean they never contacted me about the tree falling, I had to contact them. They told me they weren't responsible, and they are. What's wrong with small claims court, that's why it's there right? If the judge says I'm wrong, that's ok, at least I know for sure. I just want it to be fair, and I want to protect myself, but now I feel like the bad guy. Everybody says get it in writing, well I did, and I'm kind of regretting it. But, if I didn't send that letter, would they really try to be reasonable and recontact their insurer... and would they really have the tree taken down?

This has to happen just before our trip to the World.

 

[kevschickee]

Heck no!! You were NOT wrong in sending that letter. You gave them plenty of time to work it out and they didn't. This is very smart on your end and maybe will light a fire under their butts.

 

[worm761]

Honestly, they probably never contacted their insurance company. Don't feel bad for trying to protect your family and your property. If they had wanted to the right thing they would have done it by now. They are only responding because you threatened to take them to small claims court. If I were you, I would go out and take pictures. Of your house, the ruined fence, the dead tree and the try to get the distance between the house and tree in a pic too. Just in case they do nothing and you do end up in court. It is always best to have your butt covered. Also, document every conversation you have with them. The date, time, and what was said by who. If you end up in court and need to prove anything you will have it. Have you thought about calling your insurance again and explaining that their insurance is refusing to cover? They will have better luck getting payment from them than you.

 

[PrincessBetsy]

No, you should not feel bad at all. They should have called you and straightened it out as soon as it happened - very irresponsible on their part . You reacted reasonably and it's good you sent the letter. Good luck, hope this all works out for you!

 

[micheleq]

Do not feel bad at all. You did the right thing and I hope it is resolved quickly and in your favor (which from what it sounds like it will).

 

[Luv Bunnies]

Don't let the neighbors stress you out. They're trying to intimidate you into paying for it yourself. You shouldn't feel badly for trying to protect your property. If you like and trust your own insurance agent, keep taking his/her advice. They know how these things should be handled.

The best thing you can do in these situations is to get good and accurate advice (which you did) and follow through with it. Then you need to be prepared to not back down because of intimidation tactics. Stick by your letter and follow through on what it said if the neighbor refuses to cooperate. You should never feel badly for doing what's right.

 

[smkiya]

Thanks for the replies. I don't feel so bad anymore.

 

[dis-happy]

You feel bad because you're trying to do the right thing and your neighbors are not! Don't let it get to you.

Personally, I'm aghast at their response. Last year my next door neighbor pointed out that I had a dead tree that is close to the property line (and within falling danger of their roof). It was situated behind a second tree and wasn't something I had noticed. But as soon as they pointed it out I immediately called and had someone out asap. In fact, I did it so quickly my ACC board sent me a nasty note about having a tree taken down w/o permission, but as soon as I explained the situation they were okay with it. I was very fearful a big storm would knock the tree into their house and become an insurance nightmare...much easier, better and smarter to pay to have it removed.

If those people have any sense, they will take care of things immediately. Make sure you take a lot of pictures. If it doesn't cost an arm and a leg, you might want to have an arborist out to write up that the tree is dead and hazardous, and give them a copy.

 

[AnxiousDad]

I agree... you should not feel bad at all.

However, and having survived my share of neighborhood quarrels, and if I were you, I would probably try a last call just to let my neighbor know that I was forced to send a letter in order to protect both my property and my family.
I am willing to bet that they were more upset to deal with a neighbor in such a "litigious" manner than the actual liability of the discussion, I am not saying that they are right, or rightfully upset, probably (I am just guessing here) naturally surprised.

if I am somewhat right, they will show some defensive position that could have been avoided with a last call. And on the interest of an amicable resolution with your neighbor, that's worth a 2 minute call.

Again. That's just me. You did fine.

 

[notsosnowwhite]

I think you handled this in a very responsible manner. Unfortunately we live in a world where not everyone can be trusted to do the right thing and we have to take care of our families by at times being assertive about problems. Assertiveness is not the same as aggressiveness - it sounds as if you handled this rationally.

 

[smkiya]

I agree... you should not feel bad at all.

However, and having survived my share of neighborhood quarrels, and if I were you, I would probably try a last call just to let my neighbor know that I was forced to send a letter in order to protect both my property and my family.
I am willing to bet that they were more upset to deal with a neighbor in such a "litigious" manner than the actual liability of the discussion, I am not saying that they are right, or rightfully upset, probably (I am just guessing here) naturally surprised.

if I am somewhat right, they will show some defensive position that could have been avoided with a last call. And on the interest of an amicable resolution with your neighbor, that's worth a 2 minute call.

Again. That's just me. You did fine.

I did call on Thursday, to tell them I would send the letter, and discuss the fence. They weren't home, so I left a message for them to call me, and waited until yesterday for a call back. Nothing. So I sent the letter.

 

[Bren's Mom]

I don't think you have anything to feel bad about.

It's possible they're angry at each other. Maybe the dw wanted him to do something about it and he procrastinated and now she's po'd. Or vice versa.

In any case, you did what you needed to do. You attempted to be neighborly by calling. They didn't respond. You gave them some time. They did nothing.

 

[ireland_nicole]

I agree that you have done the right thing. I'm sorry that you're having this experience, I know it's stressful. I hope you're able to resolve things soon.

 

[loritemp]

You did the right thing!!! No worries at all! And you had to send the letter to protect you from any future issues. We had a similar issue except it was a tree on township property. Split in a storm and damaged our brand new fence. After much back and forth with the insurance company for the township we were told it was an act of God and not covered. If we felt the tree was a danger, we should have registered a complaint, then if it fell it would have been covered. Made no sense to me but since then we have called to complain about every tree on our property line so that if in the future this happens again, it is on them. Same thing shoudl apply here. You notified them of a dangerous situation and if they don't fix it and heaven forbid something else happen, insurance should cover it.

 

[mjkacmom]

I live in an area with old oak trees, and from what I understand, if my neighbor's tree falls on my property, I am responsible for the tree removal. If the tree does damage to my home, my homeowner's insurance is responsible, unless I provide proof that I let the my neighbors know that I felt their tree was a danger - BEFORE it actually fell.

My neighbors have an old oak tree that had large limbs over my roof. It looks healthy, but so did the last 6 or so oak trees that have fallen during storms over the last couple of years.

Sometimes it's best to let a third party work out the details.

 

[mjkacmom]

And tree removal is not covered by homeowners insurance (I've probably spent over $5000 here myself). That's why they're not removing the dead tree - it's expensive! However, once you have written documentation that you told them to remove it, they will have to pay OOP if it does any damage to your property.

 

[maggieusa]

maybe these people do not have the money to have the tree removed
you should get together with them and do it together on a weekend and then have a cook out or something like it.

 

[bankgirl05]

maybe these people do not have the money to have the tree removed
you should get together with them and do it together on a weekend and then have a cook out or something like it.

This I don't suggest, if someone gets hurt (and it is bound to happen since tree removal is not just "pruning a few Bushes") or damage does occur, then who is the responsible party? I doubt ANY homeowners insurance would touch that with a ten foot pole(or a ten foot dead tree branch)...

OP you did the right thing, you have to protect what is yours, and I agree that you should document every phone call and take pictures as well, even ask your insurance company if they would come ot and photograph just for future reference your local agent might, they'll do anything to keep your business these days. perhaps in the spirit of being neighborly, after all is done and dealt with you can send them a "thank you" basket with some goodies...

Good luck to you!

 

[badblackpug]

You did the right thing. You gave them every chance to rectify the situation and they chose not to. They know they are in the wrong and they are trying to focus the blame off themselves and onto you by accusing you of being "un-neighborly." I think they are trying to get you to drop the issue by making you feel bad. Stick to your guns. Don't set the precedent that you are responsible by paying for the fence. Remember, if the tree does damage to your house it will cost waaaay more than a section of fence.

 

[sunnyday123]

This happened to me in our last big storm. I waited a few days to see what would happen. Right before I started to worry my neighbor wasn't going to do anything, he showed up. He had been out of town. I just explained his tree fell on my fence, and our puppy was coming home soon, and when he thought he'd have it fixed.

He had it done the next day. Hopefully you and your neighbors can come to an agreement, but I don't think you should feel bad at all. His tree-his responsibility.