Trees overhanging house. One fell and hit the roof. What are my rights?
Sunday, January 24th, 2010I live in Florida. The area is filled with sand pines. They are notorious lightening magnets, and they fall over easily in a stiff wind. These trees are 60-100 ft high. One fell over and hit my roof the other day. I was lucky. It was the smallest of the bunch overhanging the property. It broke off a couple of shingles and deeply dented the fascia/flashing of the roof. No other damage was done, as the house is made of concrete. It came from a vacant lot. The owners are European. I am not the only person who thinks the trees should go. Almost everyone who comes to my house says comments like: "Cut those before hurricane season", "Those need to go", and "They have bad intentions written all over them". I have called to get prices to push over the trees, into the vacant lot. Some are willing to do so, and some want to be paid cash so there is no proof they knocked over trees in a lot without the owner’s permission. Anytime I’ve tried to contact the owner, they think I am trying to buy the lot, and don’t want to talk to me . There is a language barrier. They are Dutch. I can’t afford the $500+ the tree people want. That is $500 just to push them over, not take them away or cut them.
Do I have any rights? Can I make them do something about the trees? If not, can I sue them for damages, when the trees come through my roof. They will. Its just a matter of time. I have insurance, but I believe the damages would be subject to my deductible. I also don’t want to just wait for trouble to come. It is foreseeable, and I’d like to prevent a whole in the roof, or smashed windows
If I cut everything that hangs over my house/property line, I’d take the entire tree top off. They’d be left with a "tipping phone pole."
You call your insurance company and submit a claim. They will pay for your repairs then the insurance company will sue your neighbor for reimbursement