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Started By
Message
Tree fell - who is responsible?
Posted on 2/3/24 at 8:24 am
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 on 2/3/24 at 8:29 am to Shotgun Willie
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 on 2/3/24 at 8:36 am to Shotgun Willie
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 on 2/3/24 at 8:55 am to Chad504boy
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 on 2/3/24 at 9:24 am to Shotgun Willie
Extreme ownership. Even if it is not your problem, it became your problem when it fell on your property.
Posted on 2/3/24 at 9:29 am to TigerGman
quote:Important question.
TigerGman
Louisiana?
Posted on 2/3/24 at 10:11 am to AlxTgr
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.
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 on 2/3/24 at 10:50 am to Shotgun Willie
Black walnut makes beautiful 4" milled slabs. Turn this occurence into some $$
Posted on 2/3/24 at 1:49 pm to Thecoz
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 on 2/3/24 at 2:01 pm to Shotgun Willie
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.
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 on 2/3/24 at 2:09 pm to armsdealer
Posted on 2/3/24 at 3:30 pm to 2 Jugs
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???
Is that also a "my property - my problem" situation???
Posted on 2/3/24 at 3:58 pm to Shotgun Willie
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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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.



Posted on 2/3/24 at 5:00 pm to Chad504boy
quote:
Your problem on your property unless you can prove huge negligence on their behalf.
100% correct
Posted on 2/3/24 at 5:54 pm to Harlan County USA
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 on 2/3/24 at 8:02 pm to BigBinBR
Auto. Sorry my bad. I get lost in details sometimes.
Posted on 2/4/24 at 7:46 am to Harlan County USA
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 on 2/4/24 at 11:46 am to Shotgun Willie
go rent a log splitter grab a case of beer and some steaks call some buddies
Posted on 2/4/24 at 7:05 pm to Shotgun Willie
I wish a neighbors black walnut tree would fall on my property!
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