Tree Falls Over Property Line: Who Pays? Who Picks Up the Pieces?

By: Ann Cochran

Published: March 23, 2011

If a neighbor’s tree falls over your property line, file an insurance claim for repairs and cleanup. No house damage? Check if chopping and hauling debris is covered.

When a tree falls

Your neighbor is responsible when a tree falls over your shared property line only if you can prove he was aware that his tree was a hazard and refused to remedy the problem. Regardless, your insurance company restores your property first, and later decides whether or not to pursue reimbursement from the neighbor or his insurer if the neighbor was negligent in maintaining the tree.

Before a tree falls

Write a letter to your neighbor before his dead, diseased or listing tree falls through your roof or over your property line.

The letter should include:

·         Description of the problem

·         Photographs

·         Request for action

·         Attorney letterhead--not necessary but indicates you mean business.

Trim their trees

If the limbs of a tree hang over your property line, you may trim the branches up to the property line, but not cut down the entire tree. If a tree dies after your little pruning, the neighbor can pursue a claim against you in civil or small claims court. Depending on the laws of your state, your neighbor may have to prove the damage was deliberate or caused by negligence, but may also be able to recover up to three times the value of the tree. 

Before you cut, tell your neighbors what you intend to do to protect your property. They may offer to trim the whole tree instead of risking your half-oaked job.

Your tree falls

It’s always a good idea to take care of your big and beautiful trees, and keep receipts for trimmings and other care. 

But if your tree falls over a neighbor’s property line, do nothing until their insurance company contacts you. You may not be liable unless you knew or should have known the tree was in a dangerous condition.  If you pruned a tree or shored up trunks to prevent problems, gather your receipts to prove your diligence. 

Recently Listed in Winooski, Vermont

Nicely Renovated 3 bedroom home in Winooski.  Quiet dead end street, convenient to I-89.

Only $214,900.

For more details click here:      MLS 4105604

Tricks, Not Treats:

6 Horror Stories of Bad Neighbor Behavior

Published: October 18, 2010

HouseLogic lists some of the craziest, creepiest, and grossest neighbor behavior, and provides some valuable advice for managing neighbor-on-neighbor disputes.

The chicken coup

It started Sept. 21, when a chicken-owner from Tyler, Texas, saw his neighbor’s dog carrying off one of his chickens—and it ended with gun shots, reported the local NBC affiliate KETK. According to investigators, the first bullet came from the chicken owner’s gun when he attempted to rescue his hen. But the dog’s owner returned fire, sparking a brief but scary shootout that brought the cops onto the scene. Thankfully, no one was hurt—though there’s no report on the fate of the stolen chicken.

Neighborly Tip: While the chicken owner was technically operating within his rights, we wouldn’t advise using a gun to solve the problem. If you feel you, your pets, or your children are in danger from a loose neighborhood dog, try using dog pepper spray or ultrasonic dog repellent--a much more humane and much less dangerous defense.

The neighbor who 'borrowed' the car

Last November, a Jacksonville, Fla., woman found her neighbor dead in his home—and then found a way to profit from the situation, local news reported. The 33-year-old woman didn’t report the death to the authorities. Instead she chose to “borrow” a few things from her deceased neighbor: his checkbook, his credit cards, and his car. But the authorities caught up with her before long, and she was arrested and charged with fraud and burglary.

Neighborly Tip: Most identity thieves don’t wait for such an “opportunity.” These steps, provided by the Federal Trade Commission, can help you protect yourself against identity theft.

The dog-napper

Neighbors in an Ohio suburb had been feuding for two years when one of them kidnapped the other's dog—and took it to a local shelter, says a local report. The culprit told kennel staff he had found the dog running around some railroad tracks. When the dog’s owners asked, the neighbor denied any involvement. But after finding their pup in a shelter, they contacted the police with their suspicions.

It wasn’t long before the vengeful dog-napping plan was uncovered. The dog-napper was arrested, sentenced to a month in jail, and ordered not to have contact with his neighbors.

Neighborly Tip: His frustration isn’t entirely unreasonable--a loose dog could be dangerous, or end up hurt if it runs in the path of a car. But a call to Animal Control would have been a better solution. Ohio (like most states) has a leash law, which states that a dog must be leashed and controlled by its owner or keeper at all times, except during recreational hunting.

The 'unauthorized' neighbor

For the former Alaskan Governor, Republican Sarah Palin, being in the spotlight is nothing new. But when writer Joe McGinniss, who happened to be researching his unauthorized biography about her, moved into her neighbor’s house in May--it was a little too close for comfort.

Palin posted an acerbic message on Facebook condemning the move, and erected an 8-foot fence around her property to thwart any “peeping.” In early September, McGinniss moved back home to finish the book, but maintains that Palin herself was the inappropriate party, saying her reaction to his presence was out of line, bordering on harassment.

Neighborly Tip: Whether you’re in Palin’s shoes or McGinniss’, neighborhood harassment laws do exist. They vary from state to state, and it’s important to make sure you know what constitutes harassment in yours.

Reign of terror

It sounds like the plot of a horror movie—but it’s true. In 2006, the residents of Bottomley, West Yorkshire, England, were the victims of a 16-month rampage by an angry neighbor, the BBC reported. The perpetrator played loud choral music about rape and pillage, damaged vehicles, set booby traps, and littered the road with dead animals, dog feces and nails.

Eventually the judge slapped the accused with an anti-social behavior order (basically a restraining order here in the States). The woman filed for an appeal in 2008, but was denied and fined £200,000 for breaching the order on two occasions.

Neighborly Tip: It’s unclear exactly what initially set her off, but before you go off the deep end and do something you’ll regret, take more reasonable, legal steps. You don’t have to take abuse, either. Get your HOA or the city involved if you feel you’re being threatened.

The fence offense

Even celebrities get a little nasty when it comes to their properties. But none took things quite as far as the infamous 2004 fence feud between actor Jim Belushi and former Catwoman Julie Newmar.

It started simply enough: Belushi wanted to make the fence around his property higher for more privacy. But Newmar, who had spent decades caring for her prized rose garden, wasn’t having it. She argued the higher fence robbed her plants of sunlight. Years of both public and private griping followed. Belushi accused Newmar of tearing down his fence and egging his house. Newmar accused Belushi of being such a noisy neighbor she had to use air traffic controllers’ earmuffs.

Belushi sued Newmar for $4 million for harassment, defamation, and vandalism. The two eventually reached a compromise through mediation, settling the lawsuit.

Later Belushi had Newmar on his sitcom According to Jim, in which she played--you guessed it--his grumpy neighbor “Julie”.

Neighborly Tip: Before letting things get so bad that you find yourself getting slapped with a lawsuit, try mediation first. HouseLogic’s guide to mediation gives you a step-by-step process of how to handle an issue with a neighbor before it gets out of hand.

9 Unexpected Energy (and Money) Savers

Here are a few surprising and simple ways to cut your energy bill this season.

Put lamps in the corners: Did you know you can switch to a lower wattage bulb in a lamp or lower its dimmer switch and not lose a noticeable amount of light? It’s all about placement. When a lamp is placed in a corner, the light reflects off the adjoining walls, which makes the room lighter and brighter.

Switch to a laptop: If you’re reading this article on a laptop, you’re using 1/3 less energy than if you’re reading this on a desktop.

Choose an LCD TV: If you’re among those considering a flat-screen upgrade from your conventional, CRT TV, choose an LCD screen for the biggest energy save.

Give your water heater a blanket: Just like you pile on extra layers in the winter, your hot water heater can use some extra insulation too. A fiberglass insulation blanket is a simple addition that can cut heat loss and save 4% to 9% on the average water-heating bill.

Turn off the burner before you’re done cooking: When you turn off an electric burner, it doesn’t cool off immediately. Use that to your advantage by turning it off early and using the residual heat to finish up your dish.

Add motion sensors: You might be diligent about shutting off unnecessary lights, but your kids? Not so much. Adding motion sensors to playrooms and bedrooms cost only $15 to $50 per light, and ensures you don’t pay for energy that you’re not using.

Spin laundry faster: The faster your washing machine can spin excess water out of your laundry, the less you’ll need to use your dryer. Many newer washers spin clothes so effectively, they cut drying time and energy consumption in half—which results in an equal drop in your dryer’s energy bill.

Use an ice tray: Stop using your automatic icemaker. It increases your fridge’s energy consumption by 14% to 20%. Ice trays, on the other hand, don’t increase your energy costs one iota.

Use the dishwasher: If you think doing your dishes by hand is greener than powering up the dishwasher, you’re wrong. Dishwashers use about 1/3 as much hot water and relieve that much strain from your energy-taxing water heater. Added bonus: you don’t have to wash any dishes.

Conduct Your Own Energy Audit

Article From HouseLogic.com

By: Jane Hodges

Published: August 28, 2009

A do-it-yourself energy audit can teach you how to be more energy efficient and make you a more-educated consumer should you decide to hire an expert.

Self-starters don't necessarily need a pro to assess their home's energy deficiencies. With a little elbow grease and one of several free do-it-yourself guides to home energy auditing, you can get a good sense of where your home is leaking hot and cool air, and how your choice of appliances and your energy use contributes to energy loss.

What you'll save on fixes

By following up on problems, you can lower energy bills by 5% to 30% annually, according to the U.S. Department of Energy's office of Energy Efficiency and Renewable Energy (http://www.eere.energy.gov). With annual energy bills averaging $2,200, according to Energy Star (http://www.energystar.gov), investing in fixes or energy-efficient replacement products could save you up to $660 within a year.

And self-audits can cost virtually nothing if you already own a flashlight, ladder, measuring stick, candles, eye protection, work clothes, dust mask, and a screwdriver-or roughly $150 if you're starting from scratch. As for time commitment, expect to spend two to four hours to investigate home systems, refer to utility bills, and conduct research about local norms for products, such as insulation, say experts.

Types of DIY audits

Since there are a variety of ways to conduct a do-it-yourself audit, you'll need to know your tolerance for the tasks involved.

Some require you play home inspector, climbing into attics and crawlspaces on fact-finding missions and delving into unfinished portions of your home to look at duct work. Questionnaire-based audits rely the assumption that you can answer such questions as how many gallons of water your toilet tank holds to the R-value (thickness) of insulation in your home.

If you don't have time to familiarize yourself with your home's systems or confidence about diagnosing problems, are disabled, are squeamish on ladders and in crawlspaces, or are already planning to invest in a major remodel, you may benefit from hiring a pro (http://www.houselogic.com/articles/professional-energy-audits-the-costs-and-benefits/).

Even homeowners who complete a self-audit often hire a professional to double-check their diagnoses. A self-audit may reveal drafts but not their exact source, such as ducts or insulation, for instance. Because the costs to address a draft can range from minor to major, investing in a paid audit may be justifiable.

What should you check?

All the home systems and appliances that contribute to energy costs. Here's the breakdown of a typical home's energy usage that Energy Star references:

          •Heating (29%)
          •Cooling (17%)
          •Water heating (14%)
          •Appliances (13%)
          •Lighting (12%)
          •Computers and electronics (4%)
          •Other (11%)

Self-audits hone in on details pros may not

While the pros use special equipment to focus on hard-to-research aspects of a home's building envelope and indoor air circulation, DIY audits can teach you-based on the questions they ask-to identify and address the numerous small ways in which your home wastes energy.

Since lighting, electronics, and appliances collectively account for nearly 30% of the average home's energy costs, you can make an impact on your bills by replacing old appliances with energy-efficient replacements and simple fixes-plugging appliances into power strips versus wall outlets, making sure refrigerator doors are properly sealed and don't leak air, and opting for a programmable thermostat.

 How to spot common energy leaks

1. Check your home's exterior envelope-the windows, doors, walls, and roof exposed to outdoor air. Hold a candle or stick of incense near windows, doors, electrical outlets, range hoods, plumbing and ceiling fixtures, attic hatches, and ceiling fans in bathrooms. When smoke blows, you've got a draft from a source that may need caulking, sealant, weather stripping, or insulation.

2. Check insulation R-value or thickness. Where insulation is exposed (in an attic, unfinished basement, or around ducts, water heaters, and appliances), use a ruler to measure, recommends the DOE. Compare your results against those suggested for your region via an insulation calculator (http://www.ornl.gov/~roofs/Zip/ZipHome.html).

Although examining in-wall insulation is difficult, you can remove electrical outlet covers, turn off electricity, and probe inside the wall, the DOE notes in its DIY audit guide. However, only a professional's thermographic scan can reveal if insulation coverage is consistent within a wall. Insulation can settle or may not be uniformly installed.

3. Look for stains on insulation. These often indicate air leaks from a hole behind the insulation, such as a duct hole or crack in an exterior wall.

4. Inspect exposed ducts. They may not work efficiently if they're dirty, have small holes, or if they pass through unfinished portions of the home and aren't insulated. Look for obvious holes and whether intersections of duct pipe are joined correctly. Since ducts are typically made out of thin metal that easily conducts heat, uninsulated or poorly insulated ducts in unconditioned spaces can lose 10% to 30% of the energy used to heat and cool your home, says DOE.

When should a professional make repairs?

The DOE recommends calling a contractor before insulating ducts in basements or crawlspaces, as doing so will make these spaces cooler and could impact other home systems, such as water pipes. Plus, these ducts might release noxious air. DOE also recommends you hire professionals to clean ducts periodically. If you've noticed that some rooms get disproportionately hot or cold, bring that to a pro's attention. It could be duct related.

In addition, some DIY audits-like the City of Seattle's free online audit guide (http://www.seattle.gov/light/printdocs/DoItYourselfHome.pdf), suggest hiring a pro if you suspect asbestos materials have been used in insulation or around pipes, ducts, or heating equipment. Airborne or crumbling asbestos particles are a health hazard. And a pro might be the right choice when dealing with insulation around or near electrical or examining electrical systems with bare wires.

A self-audit, like a paid audit, serves as a jumping-off point to help you set priorities (http://www.houselogic.com/articles/prioritize-tasks-after-an-energy-audit/) for making your home more efficient. Whether or not you choose to make repairs yourself, one thing's for sure: You'll come away knowing more about your home's strengths and weaknesses than you did before.

Jane Hodges has written about real estate for more than half of her 16-year journalism career, for publications including MSNBC.com, Seattle Magazine, The Seattle Times, and The Wall Street Journal. In 2007 she won a Bivins Fellowship from the National Association of Real Estate Editors to pursue a book on women and real estate. Her work has also appeared in The New York Times, CBS's BNET, and Fortune. She lives in Seattle in a 1966 raised rancher with an excellent retro granite fireplace. Latest home project: remodeling a basement bathroom.

                     

August Existing-Home Sales Rise

August Existing-Home Sales Rise Despite Headwinds, Up Strongly from a Year Ago

Washington, DC, September 21, 2011

Existing-home sales increased in August, even with ongoing tight credit and appraisal problems, along with regional disruptions created by Hurricane Irene, according to the National Association of Realtors®. Monthly gains were seen in all regions.

Total existing-home sales¹, which are completed transactions that include single-family, townhomes, condominiums and co-ops, rose 7.7 percent to a seasonally adjusted annual rate of 5.03 million in August from an upwardly revised 4.67 million in July, and are 18.6 percent higher than the 4.24 million unit level in August 2010.

Lawrence Yun, NAR chief economist, said there are some positive market fundamentals. “Some of the improvement in August may result from sales that were delayed in preceding months, but favorable affordability conditions and rising rents are underlying motivations,” he said. “Investors were more active in absorbing foreclosed properties. In additional to bargain hunting, some investors are in the market to hedge against higher inflation.”

Investors² accounted for 22 percent of purchase activity in August, up from 18 percent in July and 21 percent in August 2010. First-time buyers purchased 32 percent of homes in August, unchanged from July; they were 31 percent in August 2010.

All-cash sales accounted for 29 percent of transactions in August, unchanged from July; they were 28 percent in August 2010; investors account for the bulk of cash purchases.

“We had some disruptions from Hurricane Irene in the closing weekend of August, when many sales normally are finalized, along the Eastern seaboard and in New England,” Yun said. “As a result, the Northeast saw the smallest sales gain in August, and some general impact is expected in September with widespread flooding from Tropical Storm Lee. Aberrations in housing data are possible over the next couple months as markets recover from disrupted closings and storm damage.”

Yun said an extremely important issue currently is the renewal and availability of the National Flood Insurance Program, scheduled to expire at the end of this month. “About one out of 10 homes in this country need flood insurance to get a mortgage, and we would see significant negative market impacts without it,” he said.

According to Freddie Mac, the national average commitment rate for a 30-year, conventional, fixed-rate mortgage fell to 4.27 percent in August, down from 4.55 percent in July; the rate was 4.43 percent in August 2010. Last week, Freddie Mac reported the 30-year fixed rate fell to a record low 4.09 percent.

NAR President Ron Phipps, broker-president of Phipps Realty in Warwick, R.I., said the market is remarkably affordable for people with secure jobs, good credit and long-term plans. “All year, the relationship between home prices, mortgage interest rates and family income has been hovering at historic highs, meaning the best housing affordability conditions in a generation,” he said.

“The biggest factors keeping home sales from a healthy recovery are mortgages being denied to creditworthy buyers, and appraised valuations below the negotiated price. Buyers may be able to find more favorable credit terms with community and small regional banks, and Realtors® can often give buyers advice to help them overcome some of the financing obstacles,” Phipps said.

Contract failures – cancellations caused largely by declined mortgage applications or failures in loan underwriting from appraised values coming in below the negotiated price – were reported by 18 percent of NAR members in August, up from 16 percent July and 9 percent in August 2010.

The national median existing-home price³ for all housing types was $168,300 in August, which is 5.1 percent below August 2010. Distressed homes – foreclosures and short sales typically sold at deep discounts – accounted for 31 percent of sales in August, compared with 29 percent in July and 34 percent in August 2010.

Total housing inventory at the end of August fell 3.0 percent to 3.58 million existing homes available for sale, which represents an 8.5-month supply⁴ at the current sales pace, down from a 9.5-month supply in July.

Single-family home sales rose 8.5 percent to a seasonally adjusted annual rate of 4.47 million in August from 4.12 million in July, and are 20.2 percent above the 3.72 million pace in August 2010. The median existing single-family home price was $168,400 in August, which is 5.4 percent below a year ago.

Existing condominium and co-op sales increased 1.8 percent a seasonally adjusted annual rate of 560,000 in August from 550,000 in July, and are 8.3 percent higher than the 517,000-unit level one year ago. The median existing condo price⁵ was $167,500 in August, down 3.3 percent from August 2010.

Regionally, existing-home sales in the Northeast increased 2.7 percent to an annual pace of 770,000 in August and are 10.0 percent above a year ago. The median price in the Northeast was $244,100, which is 5.1 percent below August 2010.

Existing-home sales in the Midwest rose 3.8 percent in August to a level of 1.09 million and are 26.7 percent above August 2010. The median price in the Midwest was $141,700, down 3.5 percent from a year ago.

In the South, existing-home sales increased 5.4 percent to an annual pace of 1.94 million in August and are 16.9 percent higher than a year ago. The median price in the South was $151,000, which is 0.8 percent below August 2010.

Existing-home sales in the West jumped 18.3 percent to an annual pace of 1.23 million in August and are 20.6 percent higher than August 2010. The median price in the West was $189,400, down 13.0 percent from a year ago.

The National Association of Realtors®, “The Voice for Real Estate,” is America’s largest trade association, representing 1.1 million members involved in all aspects of the residential and commercial real estate industries.

# # #

NOTE: NAR also tracks monthly comparisons of existing single-family home sales and median prices for select metropolitan statistical areas, which is posted with other tables at: www.realtor.org/research/research/ehsdata. For information on areas not included in the report, please contact the local association of Realtors®.

Rent vs Own

Field Guide to Buying vs. Renting

Is it better to Buy or Rent? Whether renting is better than buying depends on many factors.  The information listed here will assist you in helping answer this question. Included are statistics and studies on homeowners and renters as well as financing options and tips. (M. Glick, Senior Information Specialist)

---

Rent-to-Own Deals: Smart Questions to Ask...

For Sellers:

• Who will tend to the property and pay for routine maintenance?
• Who pays for major repairs?
• What are the costs of setting up and managing an escrow account for the portion of rent allotted to the down payment?
• Will you manage the property yourself, or hire an agent?
• What if the renters change their minds? Who keeps the money in the escrow account?
• If the buyers change their minds, what will be required to put the property back on the market?

For Buyers:

• How much of the rent is going to the down payment?
• How locked in are you if you change your mind?
• What will it cost you to get out of the deal?
• How long will it take to accumulate enough of a down payment that you are likely to qualify for a mortgage?

Source: REALTOR® Magazine Online.