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re: My neighbor's enormous live oak smashed into our backyard (pic now) UPDATE

Posted on 3/3/17 at 12:05 am to
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7570 posts
Posted on 3/3/17 at 12:05 am to
quote:

Since it's on the neighbor's land, they're responsible to help pay for the damage to your property.




Not true.

"Act of God". The portion of the tree on your property that causes damage on your land will be a claim on your HO policy.

Only exception would be if you can prove you warned the neighbor about the tree being unstable prior to the incident.

This is not legal advice.

This post was edited on 3/3/17 at 12:06 am
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67249 posts
Posted on 3/3/17 at 12:06 am to
This is not legal advice:

If the tree was visibly unhealthy, they would be on the hook as well.
Posted by Jim Rockford
Member since May 2011
98485 posts
Posted on 3/3/17 at 12:06 am to
One call does it all.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7570 posts
Posted on 3/3/17 at 12:09 am to
quote:

If the tree was visibly unhealthy, they would be on the hook as well.



Impossible to prove after the fact...
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
67023 posts
Posted on 3/3/17 at 12:09 am to
quote:

My alter smashed into the OT


FIFY
Posted by 4LSU2
Member since Dec 2009
37373 posts
Posted on 3/3/17 at 12:09 am to
Have you tried the old school way of handling the issue of simply talking through situation with your neighbor? Communication goes a long way in the world.
Posted by Rebel
Graceland
Member since Jan 2005
131554 posts
Posted on 3/3/17 at 12:10 am to
sustained
Posted by Asharad
Tiamat
Member since Dec 2010
5731 posts
Posted on 3/3/17 at 12:11 am to
quote:

will cost thousands to remove
WTF? Get your lazy arse out there and make firewood for yourself. If you don't need the firewood, sell it. Profit.
This post was edited on 3/3/17 at 12:13 am
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105524 posts
Posted on 3/3/17 at 12:13 am to
Did it do any damage to your single wide?

This is not a legal question. I'm asking for a friend.
This post was edited on 3/3/17 at 12:15 am
Posted by OKellsBells
USA
Member since Dec 2016
5264 posts
Posted on 3/3/17 at 12:15 am to
My neighbor came over afterwards and told us she knew the tree was a threat. Hopefully we can work together because I want all this mess dragged out through her yard, not mine. No one died, so it's an inconvenience not a tragedy. It smashed right onto our son's play set and fell while the dog and I were outside right under it. It scared the shite out of me to run from a falling tree.
Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 3/3/17 at 12:18 am to
quote:

My neighbor came over afterwards and told us she knew the tree was a threat.


Well, looks like you might get your deductible back or have her insurance deal with it. So, silver lining there.
Posted by tigersbb
Member since Oct 2012
10438 posts
Posted on 3/3/17 at 12:19 am to
quote:


Why the frick do you care how much your neighbor or their insurance will have to pay?


There is no longer strict liability in Louisiana. Unless the tree is clearly dead and should have been removed there is no liability on the part of the neighbor. The tree may be diseased and rotted internally but green and flowering on the exterior which would absolve the owner of culpability.

The homeowner's insurance will pay to repair his damaged property and to move the tree off the the damaged property, but will not pay for removal of the tree from the premises itself. This will be subject to the homeowner deductible. If the insurer believes it has a case it will pursue recovery against the owner of the tree and will reimburse the deductible if recovery is successful.
Posted by OKellsBells
USA
Member since Dec 2016
5264 posts
Posted on 3/3/17 at 12:21 am to
I read these boards about 2 years before signing in, so I'm well aware of what happen to posters who complain about a bad day late at night.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 3/3/17 at 12:22 am to
quote:

It smashed right onto our son's play set and fell while the dog and I were outside right under it.


The dog ok?
Posted by tigersbb
Member since Oct 2012
10438 posts
Posted on 3/3/17 at 12:29 am to
quote:

My neighbor came over afterwards and told us she knew the tree was a threat.


Res gestae
Posted by OKellsBells
USA
Member since Dec 2016
5264 posts
Posted on 3/3/17 at 12:33 am to
Tell your friend that there aren't many trailers in Mandeville surrounded by beautiful oak trees.

People, check the OP. I didn't ask for your advice, just said it was a mess.
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 3/3/17 at 12:50 am to
Think of all the dildos you could make out of all that wood.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 3/3/17 at 12:53 am to
quote:

I read these boards about 2 years before signing in


Why such a wait?
Posted by GeorgeTheGreek
Sparta, Greece
Member since Mar 2008
66548 posts
Posted on 3/3/17 at 12:54 am to
quote:

scared the shite out of me to run from a falling tree.


({})
Posted by tigersownall
Thibodaux
Member since Sep 2011
15383 posts
Posted on 3/3/17 at 12:54 am to
You just mad because you lost all that shade. This is honestly a subtle brag thread. Op lives in a neighborhood with 100 year old live oaks. In no way am I hating. I was just going down bull run road today and saw 18 houses I could see myself at.


Eta:how old are you
This post was edited on 3/3/17 at 12:57 am
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