If a tree in your yard is dying and may fall on your neighbor's dock?

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  #46  
Old 11-30-2021, 10:42 AM
kkingston57 kkingston57 is offline
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Originally Posted by Petersweeney View Post
If your neighbor is reading this thread …. I hope he/she copies it b/c it proves you have notice of the dangerous and defective condition- your sunk bro…Alex I’ll take protective measures fer 300….
Great response.
  #47  
Old 12-01-2021, 08:29 AM
Sunflower1 Sunflower1 is offline
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If you know, or should reasonable know that a tree is dead or dying (both of which you have admitted too), you would be found liable if the neighbor can prove it. If a healthy tree falls due to wind, it would be considered an act of nature and you wouldn’t be responsible.
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Old 12-03-2021, 10:09 AM
Dot Rheinhardt Dot Rheinhardt is offline
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Originally Posted by Koapaka View Post
From my understanding if a tree on YOUR property creates damages on someone elses property, YOU are responsible (or legally liable) should it go to litigation....I think in this situation I would call my insurance company for advisement (and ask them to back it up with email proof if they say not your problem)
A tree fell during a stormin Indiana. It caused $7,000 damages. Our insurance had to pay, not the neighbor whose tree it was. I don't know FL law.
  #49  
Old 12-03-2021, 09:57 PM
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tophcfa tophcfa is offline
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Originally Posted by Papa_lecki View Post
If tree is on your property, and it falls on neighbor’s property, you’re paying for repairs.
I could be wrong, I’m not an attorney, but if your neighbors dock is in the lake and your tree falls on it, I doubt there would be any recourse to you since the dock was not on your neighbors property. Your neighbors land does not extend beyond the high water mark of the lake. In addition, if the tree is noticeably at risk of falling in the direction of the dock, it should be a reasonable expectation that your neighbor should assume responsibility for putting their dock in harms way. All that being said, talk with the neighbor and try to find a mutually agreeable solution to the problem. It’s always best to prevent a problem rather than wind up lining the pockets of a couple attorneys after the fact.
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Old 12-04-2021, 02:10 AM
BigSteph BigSteph is offline
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I'm from Virginia. There, if you didn't know the tree was an issue and it fell, the neighbor's insurance would be responsible. If you knew it was a problem and it fell, you would morally be responsible. If your neighbor and you both knew there was a problem and you didn't do something about it, you would be responsible.

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Originally Posted by heims01 View Post
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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tree, lake, fall, neighbors, dock

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