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re: Neighbor's tree fell on my fence today

Posted on 4/28/15 at 8:09 am to
Posted by Crusty
Baton Rouge
Member since Aug 2011
2430 posts
Posted on 4/28/15 at 8:09 am to
This is a prime example of why it is so difficult to have a realistic discussion on this site. I should have known better and just let it go.
Posted by yellowfin
Coastal Bar
Member since May 2006
97649 posts
Posted on 4/28/15 at 8:10 am to
Would you feel the same about his shop? house?


because I promise your insurance would follow the law so you'd be coming out of pocket


and I do know my neighbors and they know the law just like I do....I wouldn't expect them to rebuild my fence, shop, house, etc from their tree
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71426 posts
Posted on 4/28/15 at 8:14 am to
quote:

My guess is a lot of you really don’t know your neighbors. I’m not trying to preach here, but I just couldn’t do that to a friend/neighbor. I wouldn’t try and hide behind the letter of the law and tell my neighbor to go fack himself because my tree was healthy (as far as we knew). I just couldn’t see me saying “hey Bill, sorry MY tree took out YOUR fence last week. I saw you and the mrs. out there fixing it when we were floating in our pool. Could I borrow your weedeater again?”



Nobody's saying you have to be an arse about it. When you see him cleaning up, go out there and help. Make sure to bring a couple of beers, and talk to him about any other trees hanging over the property.

That being said, why should you have to pay on something that is obviously not your fault? If anything, you're treating your neighbor like an idiot. He has two eyes, and he knew that tree limb was there, and he didn't say anything either.
Posted by yellowfin
Coastal Bar
Member since May 2006
97649 posts
Posted on 4/28/15 at 8:26 am to
I just spend $1k trimming my neighbors tree that was too close to my house. I knew the rules and didn't even approach him about it.
Posted by Crusty
Baton Rouge
Member since Aug 2011
2430 posts
Posted on 4/28/15 at 8:32 am to
You claim to know your neighbor and yet you started cutting on his tree and didn't even approach him about it to give him a heads up?

Wow...so glad you are not my neighbor.
This post was edited on 4/28/15 at 8:35 am
Posted by Armymann50
Playing with my
Member since Sep 2011
17073 posts
Posted on 4/28/15 at 8:33 am to
act of God get out the chain saw.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71426 posts
Posted on 4/28/15 at 8:36 am to
What?

He removed a possible issue at his own expense, and you're calling him a shitty neighbor?

Posted by yellowfin
Coastal Bar
Member since May 2006
97649 posts
Posted on 4/28/15 at 8:36 am to
quote:

Wow...so glad you are not my neighbor.





I really don't think you have to worry about that
Posted by Crusty
Baton Rouge
Member since Aug 2011
2430 posts
Posted on 4/28/15 at 8:37 am to
why would he not at least talk to the neighbor first? What is one good reason not to talk to him before you cut on his tree?
Posted by mizzoukills
Member since Aug 2011
40686 posts
Posted on 4/28/15 at 8:53 am to
100 percent this is your responsibility (or rather your insurance's responsibility). No question. No debate. You own the problem if it crosses onto your property per law.

However, should the neighbor offer to help you clean up the mess and perhaps reimburse you a little (perhaps the deductible)? If they are a good neighbor and care about a good neighborly relationship...yes.

For example, last year during a wind storm my tree fell onto my neighbors fence and shed. Destroyed both. The next morning I called my insurance company and they said that the neighbor's insurance must cover it.

Then I met with the neighbor and he said the same thing. I offered to pay his deductible and he refused. He even laughed and said, "Don't worry, my insurance will cover this."

However, I felt so bad that my tree caused destruction on his property that I insisted on at least giving him a couple hundred dollars to put to his deductible.

I think that proved that I was a good trustworthy neighbor.
Posted by Crusty
Baton Rouge
Member since Aug 2011
2430 posts
Posted on 4/28/15 at 8:55 am to
quote:

mizzoukills


You had me at "However". You could be my neighbor anytime.
Posted by LSUTygerFan
Homerun Village
Member since Jun 2008
33232 posts
Posted on 4/28/15 at 8:57 am to
quote:

get a chainsaw, stop being a girl, cut the tree up, and fix the fence.


but, we HAVE to blame SOMEBODY !
Posted by mizzoukills
Member since Aug 2011
40686 posts
Posted on 4/28/15 at 9:03 am to
quote:

You had me at "However". You could be my neighbor anytime.



I actually care about my neighbors. Neighbors have the ability to make your living experience heaven or hell.

Perhaps one day I'll need assistance and he'll help me out.

Nothing wrong with establishing a good relationship with people.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45783 posts
Posted on 4/28/15 at 9:05 am to
My neighbor had a large oak tree growing towards my house. I noticed some rot near the base of the tree. I notified the neighbor. He did nothing. So, I paid $200 to a tree expert to examine the tree. His report stated that the tree was in imminent danger of collapse and could easily fall in a large storm. I had it notorized and mailed it to the neighbor, notifying him that I had provided a copy to my insurance company so they would have a green light to go after him if it fell on my house. A week later he had it removed.

If your neighbor's tree is unhealthy and falls on your property as a result, they are responsible.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18911 posts
Posted on 4/28/15 at 9:08 am to
quote:

If your neighbor's tree is unhealthy and falls on your property as a result, they are responsible


But only because you notified them. LA law. Don't say anything and they skate.
Posted by Monk
Baton Rouge
Member since Aug 2007
3660 posts
Posted on 4/28/15 at 9:42 am to
quote:

But only because you notified them. LA law. Don't say anything and they skate.


That's not true. Notification is not required. It has to do with the neighbor failing to correct an obviously dead or rotten tree. You don't have to notify someone of something they should already reasonably know.

If the tree is obviously rotten, the neighbor would be required to pay. You could document this through pictures alone if the tree is obviously dead or rotten.

But its obviously a great and very helpful idea to notify the neighbor and specifically bring his attention to the otherwise obvious problem.

Posted by lsufan112001
sportsmans paradise
Member since Oct 2006
10705 posts
Posted on 4/28/15 at 9:47 am to
if this is just a basic wood fence, just fix the thing with your neighbor's help. cut the wood up together and be done with it.

had it fallen on your shed or house, that's a different story.
Posted by Napoleon
Kenna
Member since Dec 2007
69108 posts
Posted on 4/28/15 at 9:55 am to
his insurance. But if the day after the fricking storm you are asking this question then it's obvious you are an a-hole and I hope you get shafted and have to come out of pocket on it.

Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58356 posts
Posted on 4/28/15 at 9:55 am to
I know for a fact that Id be up and working to cut the tree up before my neighbors would. I also know both are insured and Id let their insurance handle anything that happened to their home.

Sure Id help as much as possible, but they carry insurance for the same reason I do, in case something bad happens.

If it's a tree in a fence only, we'd probably split the cost and the labor. But just saying you'd oay for whatever damage your tree caused is absurd.
Posted by TheDeathValley
New Orleans, LA
Member since Sep 2010
17164 posts
Posted on 4/28/15 at 10:08 am to
If you two never talked about the tree, nor was the tree is disarray prior to the storm, it is your responsibility.

You could always politely ask them to help cover your deductible, or if you are building it, to help.

Is it worth it to you to possibly create tension with a neighbor over a wooden fence?
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