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Tree fell - who is responsible?

Posted on 2/3/24 at 8:24 am
Posted by Shotgun Willie
Member since Apr 2016
3781 posts
Posted on 2/3/24 at 8:24 am
Neighbor’s tree fell last night and fell on my property. In your view should he be the one to pay to clean it up? It is a big black walnut tree.

Posted by Chad504boy
4 posts
Member since Feb 2005
166322 posts
Posted on 2/3/24 at 8:29 am to
Your problem on your property unless you can prove huge negligence on their behalf. Either way it’s beneficial for parties to help each other
Posted by armsdealer
Member since Feb 2016
11508 posts
Posted on 2/3/24 at 8:36 am to
quote:

It is a big black walnut tree.


That is your tree now, luckily it is black walnut... find a guy with a mobile mill, I am sure someone would gladly come mill it and take it off your hands. I'd personally pay someone to come mill it for me... Black walnut goes for $9 a board foot here... it might be the best domestic tree for a homeowner to need to get rid of.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11220 posts
Posted on 2/3/24 at 8:37 am to
Louisiana?

Posted by Bayou
CenLA
Member since Feb 2005
36830 posts
Posted on 2/3/24 at 8:55 am to
quote:

Either way it’s beneficial for parties to help each other

100% agree, however, many cases are where neighbors don't get along.
Posted by glorymanutdtiger
Baton Rouge
Member since Jun 2012
3792 posts
Posted on 2/3/24 at 9:24 am to
Extreme ownership. Even if it is not your problem, it became your problem when it fell on your property.

Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81646 posts
Posted on 2/3/24 at 9:29 am to
quote:

TigerGman
Louisiana?
Important question.
Posted by Thecoz
Member since Dec 2018
2538 posts
Posted on 2/3/24 at 10:11 am to
Have experience in this.. I had minor damage also…
Your responsible for on your property and any damage to your property. Is considered an act of god…even if it fell on your car…your insurance..
Unless you can document it was a tree in severe decline..a hazard ..and the owner knew it.. needs certified documents for this.


In my case ..city came out and cut up the tree across the street and asked if I wanted the rest taken from my property (the top).. left the fall trunk on owners property .. this was a 100 year old oak..
Neighbor came over and apologized and wrote me a check for 1k to replace my gas light pole..
good luck..

FWIW had another neighbor on my side that had a hugh pine dead and leaning over my house.. asked him to do something.. he ignored me.. he was the local pos attorney in the area.. sent pictures and a certified letter to his law office.. tree was down within a few days.
Posted by Bow08tie
Louisiana
Member since Oct 2011
4223 posts
Posted on 2/3/24 at 10:50 am to
Black walnut makes beautiful 4" milled slabs. Turn this occurence into some $$
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16473 posts
Posted on 2/3/24 at 1:49 pm to
quote:

Unless you can document it was a tree in severe decline..a hazard ..and the owner knew it.. needs certified documents for this.


This would have to have been done prior to the tree falling. Too late now for the OP’s situation.
Posted by iwyLSUiwy
I'm your huckleberry
Member since Apr 2008
34337 posts
Posted on 2/3/24 at 2:01 pm to
The part that is on your property is on you now.

If it did enough damage to warrant an insurance claim then the insurance might try to get money out of their insurance, but you would have nothing to do with them fighting that.

You would have had to have documented evidence of neglect on the other homeowners part for them to be responsible and even then, it's a tall task. If it's just a fallen tree with minor damage (possibly fence), you're just going to have to do it yourself/pay to have it removed.

A few months ago I had my neighbors tree fall on my brand new truck. Didn't even bother talking to the guy about it, I just filed a claim for the repairs to my truck, cut the tree up and got over it. It's frustrating, but there's not much you can do about it.
Posted by 2 Jugs
Saint Amant
Member since Feb 2018
1857 posts
Posted on 2/3/24 at 2:09 pm to
quote:

Black walnut goes for $9 a board foot here.





https://www.bing.com/videos
Posted by Bayou
CenLA
Member since Feb 2005
36830 posts
Posted on 2/3/24 at 3:30 pm to
What about a neighbor's drainage problem with water and silt bellowing on to my driveway and yard.
Is that also a "my property - my problem" situation???
Posted by Harlan County USA
Member since Sep 2021
537 posts
Posted on 2/3/24 at 3:58 pm to
Same thing happened to me in 2020. Storm came through and blew down neighbors pine tree onto my truck. I cut the tree off the truck, sawed up what was on my property, left the rest for him. My insurance said it would be covered under my homeowners minus deductible. Neighbor, who's house you can see in the 2nd pic, never said a word to me about it.

A couple weeks after the storm I see my neighbor attempting to use an undersized chainsaw to cut up what was on his property. I watched as he got his bar stuck in the tree. LOL. He unbolted the chainsaw from the bar and left it there. Doofus.

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Posted by SixthAndBarone
Member since Jan 2019
8214 posts
Posted on 2/3/24 at 5:00 pm to
quote:

Your problem on your property unless you can prove huge negligence on their behalf.


100% correct
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
4192 posts
Posted on 2/3/24 at 5:54 pm to
quote:

insurance said it would be covered under my homeowners minus deductible.


Your insurance told you that a tree on your vehicle is a homeowners claim?
Posted by Harlan County USA
Member since Sep 2021
537 posts
Posted on 2/3/24 at 8:02 pm to
Auto. Sorry my bad. I get lost in details sometimes.
Posted by LSU999
Member since Nov 2012
9117 posts
Posted on 2/4/24 at 7:46 am to
I had a branch fall on the roof of my truck and GEICO said it fell under comprehensive. Worked out for me as all I had to pay was $100 which was my deductible. They paid thousands to fix and repaint.
Posted by Cracker
in a box
Member since Nov 2009
17715 posts
Posted on 2/4/24 at 11:46 am to
go rent a log splitter grab a case of beer and some steaks call some buddies
Posted by RougeDawg
Member since Jul 2016
5870 posts
Posted on 2/4/24 at 7:05 pm to
I wish a neighbors black walnut tree would fall on my property!
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