January 2017

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January 2017

Postby kHT » Feb 27, 2018 12:52 pm

Last January we had to deal with our neighbor's trees dropping limbs in our back yard again. It was
a huge mess all that dropped and yes it hit the fence again! This is now the third time! The first time
we just bit the bullet and put in the new white PVC fence. The second time in 2016 the new neighbors
to the west tried to hind the fact that our fence was hit. The insurance company paid for the damage as
the storm was considered a catastrophic storm but the storm in Jan 2017 that dropped a large amount of
snow plus wind wasn't. We talked to the insurance company and they said they could cancel our insurance if
we file to many claims and this was best just paid for. These are not our trees and so we worked to gather
enough information to file a claim with the courts to take our neighbors there for damages. It has been a
eye opening for us on what can and can't be done. Laws are different per the city verses the county and let
me say the county has no codes to protect one's values!! If you have neighbor's with trees along the property
line, just scream as that is all one can do. They say if the limbs cross the property line you can trim, but did
you know you could be sued for doing so? One can't even cut the roots if they cross into your yard. Here
one can only be sued if you neglect the maintenance of said trees or damage is done to adjacent property and you
take them to court. Hearing is set for March 12 and we are not looking forward to this. I will also add in my
research here, if their leaves, needles or cones come down and it's in your yard.........you have the right to
return the said material!! If it's not yours, return it!! Don't cut without consulting an arborist. If you have issues
with neighboring trees, Google what you can or can't do per your state. Also read any lawsuits on the State level to
find out your rights.
karma 'Happy Toes' (kHT)
The Goddess is Alive and Magic is Afoot!!!!
I'm just a simple housewife.
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Location: PNW, some where over the rainbow?
USDA Zone: 7-8 Z-nial

January 2017

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Re: January 2017

Postby LucyGoose » Mar 05, 2018 5:24 pm

:eek:
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Re: January 2017

Postby kHT » Mar 30, 2018 10:19 am

Thanks, LG, been dealing with the courts on this and the journey is still ongoing.

Lots of education is needed not only on the homeowner's level but the local govt.
which lacks in codes to protect the adjacent properties. I will tell you it's been
an eye-opener for us and do not touch your neighbor's trees that have crossed the
property line....branches or roots!! Here in the state of WA, a tree has more rights
then the adjacent property owner. But if you show it's been neglected, damaged or diseased
and destroys like a fence or pipes there is a good case. The county only tells you that
the tree's owner is liable for damages. The City in which we are not annexed to has some
great laws and information on their site. Plus don't go with the cheaper tree service, you will
get what you pay for and always request that they have an arborist. If you are having issues
with a neighboring tree, get an arborist's risk and assessment report so you know what you are
dealing with. These should run around $300 for a good arborist. Do this prior to any damage
and protect your property!! Just words from someone that has to deal with the issues.

Also be advised that insurance can cancel your policy if you claim too many issues. Also check
with your agent to see if you are truly covered in case the said tree should fall. We learned that
we weren't and went with an umbrella policy. Just a heads up for those that are dealing with large
trees with shallow roots that can topple over in a wind storm. :eek:
karma 'Happy Toes' (kHT)
The Goddess is Alive and Magic is Afoot!!!!
I'm just a simple housewife.
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kHT
 
Posts: 10279
Joined: Oct 31, 2001 7:00 pm
Location: PNW, some where over the rainbow?
USDA Zone: 7-8 Z-nial


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