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Legal question . . neighbors tree

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    Legal question . . neighbors tree

    My neighbor on Toledo Bend has a couple of 100 - 125 ft. pine trees that have the scars (10 - 15 ft) of lightning strikes . . i was under the impression that to protect myself I had to write a letter to him describing the situation and send it certified mail, return receipt . . and it then becomes his responsibility to correct the situation . . Tru dat? . . Thanks

    #2
    protect yourself from what?

    you want him to cut them down? are they dead?

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      #3
      Would think if you documented it before hand with pics/video you'd be ok. Property owner is responsible for the trees on their property

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        #4
        The letter should help with your liability claim if he doesn't take care of the trees and they cause damage to your property.

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          #5
          EDIT: didn't see your entire post LOl

          OP, I'm of no help but that sounds like "a thing" to me. Good luck

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            #6
            Can't you just stay out of his yard?
            Sounds like the tree's have worse luck than you.

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              #7
              Originally posted by mmoses View Post
              protect yourself from what?

              you want him to cut them down? are they dead?
              With a scar 10 ft long and 8 in wide of dead wood, yes I want him to cut them down . .

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                #8
                Originally posted by LWC View Post
                The letter should help with your liability claim if he doesn't take care of the trees and they cause damage to your property.
                Yup, An act of God doesn't count I believe. But if you bring it to his attention that a storm can knock em down, then if it happens his insurance would take care of it.

                I was told by the neighbor after his healthy tree fell through his fence into the neighbors above ground pool. He wasn't responsible. Now, don't take my word for it.

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                  #9
                  Originally posted by systemnt View Post
                  Can't you just stay out of his yard?
                  Sounds like the tree's have worse luck than you.
                  Screw the trees . . Don't want them to be my bad luck . . twice

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                    #10
                    Have you walked over and talked to your neighbor?


                    DJ

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                      #11
                      Originally posted by DJM View Post
                      Have you walked over and talked to your neighbor?


                      DJ
                      it was discussed many times before he bought the lot . .

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                        #12
                        "Yup, An act of God doesn't count I believe. But if you bring it to his attention that a storm can knock em down, then if it happens his insurance would take care of it."

                        That's what I'm thinking . .
                        Last edited by Sharecropper; 09-08-2017, 12:37 PM. Reason: clean

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                          #13
                          Check out the dead deer under a tree in a post on here.
                          Don't want that to be you!

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                            #14
                            Originally posted by Sharecropper View Post
                            "Yup, An act of God doesn't count I believe. But if you bring it to his attention that a storm can knock em down, then if it happens his insurance would take care of it."

                            That's what I'm thinking . .
                            You would have to prove that the neighbor knew the trees posed a danger, then ignored it. I don't think just because a tree was stuck by lightning the tree is a higher level of danger of falling over. I have heard that a tree actually becomes harder, thus stonger, after being struck. If lightning killed the tree and it died and started to rot, then fell over you might have a case. Not from lightning but from having a dead tree.

                            Either way, you would likely file on your insurance, and your insurance would seek damages against your neighbor thru subrogation.

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                              #15
                              I'm writing the letter . . Send certified, return receipt requested . .

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