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Neighbor may be liable for tree damaging property


Saturday, April 19, 2008

QUESTION: A neighbor's tree fell into my yard during a thunderstorm, causing property damage, but their insurance company says it is an act of God and they will not pay for any damages. Is this fair?

ANSWER: Define "fair." Your insurance covers your property and your neighbors' insurance covers theirs. So if something damages your property during a natural occurrence, like a tree blown from a block away or from next door, your insurance pays for the damages. If a tornado picked up a bicycle in your neighbor's yard and crashed it into your window, you would not expect the neighbor to be liable.

However, if your neighbor knew the tree was in a condition that made it likely to damage your property, you may have recourse against the neighbor or his insurance company. You would have to prove the neighbor knew about the tree's condition. For example, perhaps you wrote him a letter warning him about the potential for damage to your property and he didn't take care of the problem.

Every situation is judged on its own, so just take these as general statements and not as determinative of the law in your case.

Q: If you have cable or satellite, you don't have to buy a converter box for your analog TV. But if the cable or satellite goes out, then you don't have TV. Have you seen any government or broadcasters' recommendation that even people with cable or satellite get a box in case of outage?

A: After February 2009, if you still have an analog TV and you have cable or satellite so you don't need a converter box, then if the cable or satellite goes out you will not receive over the air signals. If that is the case, yes, you may want to purchase a box to receive over the air digital signals from nearby TV stations. I haven't seen anyone recommend that, but it makes sense. Remember, if you have a digital TV, you don't need the box because you will be able to get over the air signals without it.

Some readers want to know how recently the TV must have been purchased for it to be digital. Purchase date won't give you the answer. You must find out whether it has a digital tuner. If "Integrated Digital Tuner," "Digital Tuner Built-In," "Digital Receiver," "Digital Tuner," "DTV," "ATSC," or "HDTV" are on the TV, or if the screen is rectangular, you have a digital TV. If none of those applies, check the owner's manual. You do still have the owner's manual, don't you?

If you find the words "Digital Monitor," "HDTV Monitor," "Digital Ready" or "HDTV Ready," you do not necessarily have a digital tuner. And, if the TV is labeled "analog" or "NTSC," and does not have any of the digital tuner labels listed above, then it is not digital.

If you still can't tell, write down the manufacturer's name and the model number, and start calling. Start with an electronics store, and if they can't answer, ask them for the manufacturer's number. If you can go online, the manufacturer's Web site may have the information or a way to contact them.

Q: Is there a local place where I can dispose of an old television and computer? With the new digital broadcasting, there will be a lot of old sets needing to be disposed of.

A: City of Longview sanitation customers may place small TVs with their regular trash for pick up, or they may call (903) 237-1250 to schedule a bulky pick up for large TVs. East Texas does not have TV recyclers, but working sets can be donated to organizations such as Goodwill Industries. If you are industrious, you could call repair shops and ask if they would like to take the set off your hands.

Habitat ReSTORE at 300 W. Tyler St. will take working computers.

Q: What is the correct way to eat asparagus?

A: As long as your elbows aren't on the table, either fork or fingers will satisfy the etiquette police. Emily Post and Miss Manners approve eating asparagus with fingers, as long as you adhere to other etiquette conventions. For example, don't lick the sauce off your fingers and don't hold the spear in the air and tilt your head to drop the end in your mouth.

Eating asparagus with fingers is a European practice that has become acceptable here. I prefer knife and fork for droopy, over-steamed stalks and for those drowned in butter or cheese sauce. When the grill has crisped them up, I'm all for the finger method.

Leave a message at (903) 232-7208 or send an e-mail to answerline@longview-news.com. Sorry, no personal replies.

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