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Neighbor's tree poses possible backyard hazard

By SUZANNE PALMER
Published November 12, 2006

My problem is my neighbors' oak tree.

When limbs were overhanging our pool enclosure two summers ago, we had the tree professionally trimmed. The trimmer said there was now too much stress on the neighbors' side of the tree and asked if they would like it trimmed as well. My husband even offered to pay half the cost. The neighbors wouldn't allow it.

Now the tree limbs hang only 5 or 6 feet from the ground on both sides. The trunk of the tree is right against our fence, only 8 feet from our pool enclosure. I'm concerned that if the tree goes over, it'll literally wind up in our pool.

We think this tree is a danger. Can anything be done?

- C.S.

Your neighbor can't be forced to maintain his tree, if that's what you mean. However, if your neighbors' tree branches or roots are causing a nuisance to your property, you can, at your own expense, cut them back, according to the common law rule that resulted from the ruling in Florida's 3rd District Court of Appeal, Gallo vs. Heller, in 1987.

Property damage is covered under your homeowners insurance. Read your policy thoroughly. Generally speaking, if a neighbor's tree falls and damages your property, your policy will pay the claim. Call your agent to clarify any points you don't understand.

The exception occurs if the tree's fall is caused by your neighbors' negligence, and it can be determined that they knew or should have known of its condition. In this case, you can submit a liability claim against their insurance company to cover damages. They can also be sued for alleged negligence.

You may wish to have a certified arborist examine the tree. Remember, he can't enter your neighbors' property without permission. Have the arborist put his assessment in writing. If it shows the tree is in poor health or otherwise dangerous, send a copy to your neighbors, along with your request to rectify the matter. Send it by certified mail, return receipt requested. This way you ensure they are made aware and you have documentation should you need it in the future.

Of course, it might go a long way to maintaining good relations if you offered again to pay half the cost of any work that is recommended.

Tardy refund arrives

On June 30, I returned a product I had ordered from Yves Rocher and asked for a refund. I was told I would receive it in four to six weeks.

On Aug. 22, I called to inquire about my refund. The representative told me the returned product had been received and a refund had been issued July 10. She said she would investigate.

On Sept. 1, I called again. There was much discussion as to where my refund check was, but finally I was told a new check would be issued that day.

I'm still waiting to receive it.

- Margaret Mayer

Thank you for letting us know your wait is over.

We also heard from Lorna Lorenzi, customer service representative with Yves Rocher. She was able to confirm that a duplicate refund check had been issued Oct. 20, nearly two months after you were told it would be. Lorenzi called you with an apology and agreed to remove you from the company's mailing list.

Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request. Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check. We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

[Last modified November 11, 2006, 10:38:44]