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Do I need an attorney or just my insurance agent?

Gadsden, AL |

My neighbor who is also an in-law and I share a property line. On this line is a tree that is leaning severely and will soon fall. The owner is well aware of this and has no insurance. I have insurance. What are my rights if and when this tree falls and clips my house? I have not spoken to my insurance agent about this yet..

Attorney Answers 2

Posted

If you believe that the tree may fall and damage your house, you should act now to remove it.

You are free to trim or remove any part of the tree that extends over your property line.

It may be advisable to approach your neighbor and offer to split the cost of removing the tree.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Asker

Posted

Thank you for your advice, Michael.

Posted

You don't need either yet. If the tree is on the line, you should photograph it, and have it removed. Your neighbor should pay half and if necessary you can sue him over it. If the tree falls on your house, file an insurance claim

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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2 comments

Asker

Posted

Thank you, Jeffrey, Actually the tree is approximately 8 to 10 feet within their property line, it is a 70 ft pine.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

If its within their property line, then you can't cut it down. All you can do is photograph it. Send them a certified letter advising t hem of the danger, and notify the municipality of the danger.

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