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

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The window unit is on our shed a-hole.

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Dear God, you live in your shed?

That's some grade A poors.

False, bisible signs of surface rot or hollowing

That doesn't look like a live oak on my phone screen. Water oak maybe. Might want to clear that up with the insurance company. They could come after you for insurance fraud if you don't

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That doesn't look like a live oak. Possibly a water oak.

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Water oaks have not had their leaves come out like this yet. Pretty sure it's a live oak.

Ok, I'll seriously help you out. Find someone who sells firewood. Call them. Most will come and remove it for free if they can have the wood.
If you find one, explain it to the neighbor that you'll just ask him to repair the fence.

At the end of the day, my neighbor would pay, period. But we aren't trashy.

I have 4 oaks on the edge of my property. I told the wife 3 days ago I wanted to lay an expert to come out and give us a report on the health of those trees.

Thanks for the reminder.

ps...your kids would rather climb around in that tre than on that cheap and dangerous set of trashy bars in the pic.

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This is false. Must prove a defect(probably not hard), but also must prove the owner knew or should have known of the defect.

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Easy to prove.....does he watch tv? Does he see storm damage? Has he ever known anyone who had a tree fall? Etc etc. Every person alive in LA has thought of some version of this situation at some point....its that simple

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ps...your kids would rather climb around in that tre than on that cheap and dangerous set of trashy bars in the pic.

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No kidding. Get in there and make sure it's secure, cut some smaller branches off and let them build a treehouse. I actually wish something like this would happen to me because I need a new fence and my kids would love it lol.

See, it's not the end of the world

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

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not necessarily. Unless you can prove your neighbor had a dead/sink tree and he was negligent and should of had it cut down, then his insurance will cover his property and your insurance will cover your property.

LINK

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Many people are surprised to find out that when a neighbor's tree falls on their house or car, it is their own insurance -- not their neighbor's insurance -- that pays for the damage. "It's most often your problem, not your neighbor's," said Janet Scott-Buckley, an insurance agent at Harrington Insurance Agency, in North Andover, Mass. "You have to file a claim with your homeowners insurance company, and the usual deductible applies. "Unfortunately, tree falls can cause friction between neighbors because of the lack of understanding of who is responsible for paying for the damages." Likewise, you're generally not responsible for any damage that your falling tree causes to your neighbor's property. However, some exceptions apply, Ms. Scott-Buckley explained.

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"Let's say your neighbor's tree is rotted and in danger of falling," she said. "You asked your neighbor to remove it, and the neighbor refused. One day it topples and hits your house. Then you'd have a good case that your neighbor is responsible for the damages."

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Water oaks have not had their leaves come out like this yet. Pretty sure it's a live oak.

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Maybe. Nothing about those leaves looks like a live oak to me, but it is probably just due to the picture.