Quote:
Originally Posted by heims01
We have a large tree near a lake shore at home. It is dying and will eventually fall into the lake, and perhaps on the neighbor's dock if it falls when the dock is in. If we would like to let nature take its course and let the tree fall naturally in the lake to provide structure for fishing, etc. are we liable if the tree damages the neighbors property?
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I had a similar situation, in fact, about three years ago back in Minnesota. Had a gorgeous walnut tree in my back yard. During a thunderstorm, lightning hit it and split it right down the middle. Half fell on my deck, half on my neighbor's house. I don't know how the insurance companies down here view it but back there, with the company I had anyway, a tree falling from your property and damaging your neighbor's property means you are liable to pay for his damages and the insurance won't pay a dime for that--unless, of course, the accident was caused by an "act of God" which is defined as a natural occurrence outside of human control, such as an earthquake, tsunami--or (thankfully) lightning.
If your tree is dying then you have the choice of whether to remove it or not. I'd remove it. I very much doubt your insurance would cover it anyway and you'd keep up a good relationship (assuming you have one now) with your neighbor.