[boogie32b]

Hi,
Our home is located at the base of a sloped hill on which there are many, very tall pine trees. They are beautiful, but we are worried about them falling on our house. The problem is that our property line cuts diagonally up the hill, causing most of the trees to be located on our neighbor's land. We have kindly approached him on the issue, asking if we (at our expense) could remove only those trees that could possibly fall on our house. (two have actually fallen in the last year, but missed the house, so this is a real danger) Also, we assured him that if there was any profit to be gained from the felled trees, it would certainly go to him. He refused. Will we have any legal recourse if one of his trees fall on our house, esp. since we requested he remove this danger? We bought our home with inheritance money, so own a nice home, but can't afford house insurance. We'll be in big trouble financially if a tree comes through our roof, not to mention the risk to our lives. We are near Spokane, WA if that info. Helps. Oh yeah, our neighbor is a lawyer so I guess I could ask him if he'll be legally responsible if a tree hits our house, but I doubt he'd appreciate it. LOL
Thanks for any advice!

[shygrneyzs]

Yes, you will have legal recourse if the tree falls and lands on your house or any other building on your property. Or, worse case, falls and hits someone.

Have you documented the times you have talked to your neighbor and his responses? Have you documented the times trees did fall on your property? Pictures tell more than words. Video says it great too.

You cannot afford home insurance? How do you get by without it? What happens if there is a fire, or flood, or tree landing in your living room? These days a person cannot afford to be without home owners insurance. If you had a theft, your valuables are not covered.

I used to live in Spokane, out by Veradale. Loved it there.

[shygrneyzs]

No, never too late to write things down.. Great if you have corraborating witnesses. Chances are your neighbor is not going to remember exact dates but might agree to an "around the time of" date.

He is an attorney and says he is not culpable? Now if it was a tree on your boulevard and the boulevard was owned by the city and the tree fell - guess what? The city can claim no responsibility. Ran into that one summer, cost a bundle to remove the tree and home repair. It's the pits sometimes.

[Cvillecpm]

Your insurance will pay for any damage to your home from a tree falling on on a dwelling or building.

You can certainly sue neighbor for any out-of-pocket costs that insurance won't pay for... you need to check with your homeowner's insurance carrier about your options if a tree falls.

[Fr_Chuck]

Actually HIS insurance will pay for it, you would make the claim against him.

If you make your insurance pay, they can increase your premium or even cancell your coverage. You can make a claim against yours, but should make him pay.

This is actually a fairly common claim ( happens all the time) and he will have to pay for it.

[landlord advocate]

Even though the tree is on your neighbor's property, it would be a claim against your insurance. Since you do not have insurance, you would have to pay for the repairs and then file a civil case against your neighbor the attorney. Take pictures, send a request to have the trees removed via registered mail return receipt required. In addition, I would be calling the city and asking for a building inspector to come to your home. Not that he is going to be able to do a darn thing, but he would be an excellent witness to the fact that the trees exist, that you are concerned and went to the city for help. Be sure to document the time he comes out, his name etc.