Legal Question in Real Estate Law in Kentucky

Dead tree on developers property

Hi,

I live in a home in new development that is currently managed by the developer (vs Homeowners Association). Behind my property a large tree has died on land that belongs to the developer. This tree is hanging over my property and has already lost large limbs on my property during windstorms. I have notifed the developed of the situation but he has not done anything, other than admit it is on his property. The tree is large enough that if it completely uproots, a large portion of it could land on my home. Here's my question: If this happens, is my homeowners insurance responsible for the damage or would the developer be on the hook? Is there a legal remedy before the worse happens? Thank you.


Asked on 6/29/09, 4:50 pm

1 Answer from Attorneys
Bryan Gowin Bryan Gowin Attorney at Law

Re: Dead tree on developers property

Unfortunately, your insurance will probably be liable. One remedy is to remove the portion of the tree that intrudes on your property. You should notify the developer if you intend to do this as well as your insurance company (let the developer know of the date and time of the removal). You could also call the utility company to remove the tree if it is on their easement or overhangs any utlities.

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Answered on 6/29/09, 9:58 pm


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