A Boardman woman named Beverly Cox is devastated after her neighbor's tree toppled onto her home, destroying her roof and shed.

For nearly a decade she's been asking her neighbors to get rid of the rotten tree and now there's the matter of determining who's responsible.

"I was devastated. I just started crying, I could hardly breathe," Cox said.

Since 2015 Cox had been asking her neighbors to get rid of the tree and in 2019 she put that request in writing with the help of a lawyer.

"We put them on notice, I sent them a letter and never got any response," Cox said.

It was a precautionary measure, after learning the tree was rotten. That letter reads:

"I am writing to inform you of your duty to exercise reasonable care to prevent an unreasonable risk of harm to others from decaying, defective or unsound trees on your property. Please be advised that if this duty is breached and that breach results in harm to Mr. and Mrs. Cox, their real/personal property or anyone on their property, you are responsible. In order to avoid any potential liability, please remove any decaying, defective or unsound trees from your property within 90 days. Your failure to do so may result in legal action against you."

This notice however, wasn't enough to make a difference.

"They were supposed to do something with it in November of '22, which never occurred," Cox said.

Cox said she and her neighbors are figuring it out now, though.

"We've contacted our insurance and they've contacted their insurance and we're gonna work together with this," Cox said.

If you find yourself in a situation like this, who's responsible? Insurance agent Jim Leugers tells 21 News it falls on Cox's neighbors, but only because she'd previously notified them.

Leugers said it doesn't count if you only notify your neighbor verbally. You must formally put them on notice or the responsibility falls on you and your insurance.

"I cant say it enough, be responsible," Cox said. "If you're put on notice by your neighbor, do the neighborly thing," she said.

Cox's neighbors have since removed what's left of the tree from their yard.