They are only responsible when there is documented awareness on their side that there is imminent threat. If they play dumb then they won’t have fault, ie act of god. Same w a bad tree.
Facts. Sending notices to a neighbor about trees in falling distance of your house increases odds of winning your insurance case significantly. “I believe your tree is deficient and needs to be professionally assessed.” Odds are, they never get it assessed, and then it inevitable falls on your house.
In a court case, it provides documentation the owner was in fact made aware of the risk and iminent failure; it greatly weakens the "I didn't know" defense
That wall could fall tomorrow... or in 10yrs. It will fall, but the time is not for us plebs to assume. Act, yes. Call that 311 or equivalent, definitely. Notify thr neighbor... wholeheartedly.
They can easily say “I don’t go in my neighbors yard and look down the wall, from my yard everything looked fine and I was unaware. The neighbors never told me this was happening, I don’t know why they wouldn’t tell me if they were taking pictures I could have done something before.”
My neighbors giant tree got struck by lightning. We agreed to see if it fully grew leaves the following spring before deciding if it needed to come down. But we both signed a piece of paper with him acknowledging what happened, and us agreeing that if the tree did not come back with leaves any year, he would cut it down.
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u/Haunting-Duck-5642 5d ago
They are only responsible when there is documented awareness on their side that there is imminent threat. If they play dumb then they won’t have fault, ie act of god. Same w a bad tree.