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Posted on 10/11/20 at 5:17 pm to doya2
During Gustov, a huge water oak from my yard fell and totally destroyed my neighbor's house, knocked it completely off its foundation.
His insurance paid for the damages.
His insurance paid for the damages.
Posted on 10/11/20 at 5:19 pm to doya2
Depends on why it fell. Weather-related? Your homeowners insurance pays and you are responsible for your deductible.
If the tree was dead or dying, and it was evident prior to the fall, the neighbor is responsible. It’s usually a good idea to document the notification of a dying or unhealthy tree for this very reason.
If the tree was dead or dying, and it was evident prior to the fall, the neighbor is responsible. It’s usually a good idea to document the notification of a dying or unhealthy tree for this very reason.
Posted on 10/11/20 at 5:20 pm to jscrims
quote:
You do. I work in insurance
Trooth. My ex is an attorney and explained this ad nauseum when we bought our first house.
The only way out of this liability is to send the tree owner a certified letter beforehand asking them to trim the tree back because
the tree is rotting or leaning and likely to fall on your property.
I had a nerdy straight laced neighbor do this to me years later at a different house. My only recourse was to spend my tax return on tree removal because that fricker was gonna fall on his shed any minute.
I wanted to whip his little portly engineer arse but he had me by the legal balls.
This post was edited on 10/11/20 at 5:21 pm
Posted on 10/11/20 at 5:20 pm to mikelbr
quote:
The only way out of this is to send them a certified letter beforehand asking them to trim the tree back because the tree is rotting and likely to fall on your property.
Bingo
We sent the absentee Indian dr owners certified letters about their dead arse tree multiple times and they ignored it. It fell on our house and their insurance paid out.
We even offered to pay half to have the tree removed beforehand and got no response.
This post was edited on 10/11/20 at 5:23 pm
Posted on 10/11/20 at 5:22 pm to doya2
quote:
Neighbors tree
How can anyone really own a tree?
Posted on 10/11/20 at 5:23 pm to Bucktail1
quote:
Neighbor is responsible
Not unless they were negligent. IE. The tree was damaged and should have been cut down prior to the act of god (the storm). The only way you can really force them to pay is if the damaged tree had been a known issue before the storm and they neglected to remedy the danger. Generally this is done by you sending them a certified letter requesting they remove the tree accompanied by a letter from a licensed arborist stating the tree should be removed.
Posted on 10/11/20 at 5:53 pm to doya2
Your insurance covers the loss. And u eat the deductible.
Only exception I know of if you formally notified the neighbor that the tree was dead/sick And he did nothing to fix it. Otherwise neighbor is absolved of liability
Only exception I know of if you formally notified the neighbor that the tree was dead/sick And he did nothing to fix it. Otherwise neighbor is absolved of liability
Posted on 10/11/20 at 5:55 pm to doya2
Look at the upvotes and downvotes for your answer
Posted on 10/11/20 at 5:58 pm to cyarrr
quote:
During Gustov, a huge water oak from my yard fell and totally destroyed my neighbor's house, knocked it completely off its foundation.
His insurance paid for the damages.
How good was that feeling?
Posted on 10/11/20 at 5:59 pm to doya2
The autistic kid that plays the trumpet down the street
Posted on 10/11/20 at 6:01 pm to OysterPoBoy
quote:
How can anyone really own a tree?
Same way you own a rose bush or an azalea, mfer.
Posted on 10/11/20 at 6:24 pm to mikelbr
quote:
I wanted to whip his little portly engineer arse but he had me by the legal balls.
Leave your sex life out of this discussion, sir.
Posted on 10/11/20 at 6:27 pm to beerJeep
quote:
Because it isn’t always that cut and dry.
Wasn't there some law passed in the last few years that made it that cut and dry?
Vaguely remember someone bringing this up in one of the 'my neighbors tree' threads.
This post was edited on 10/11/20 at 6:28 pm
Posted on 10/11/20 at 6:29 pm to doya2
What if a majority of the tree was hanging over your yard? Could you have the tree trimmed back to the fence line without the neighbors permission?
Posted on 10/11/20 at 6:31 pm to Bamafig
quote:
What if a majority of the tree was hanging over your yard? Could you have the tree trimmed back to the fence line without the neighbors permission?
Yes you can if it’s hanging over your property.
This post was edited on 10/11/20 at 6:32 pm
Posted on 10/11/20 at 6:31 pm to doya2
homeowner pays in the vast majority of states if act of God.
Posted on 10/11/20 at 6:33 pm to doya2
Generally your policy will pay for the damage to your dwelling.
If there is some type of proof or evidence that there was lack of maintenance or a pre-existing condition that led to the collapse then your insurer may choose to go after their insurer.
I have heard of this before where someone had a neighbor's overhanging tree threatening their house and they sent a certified letter requesting maintenance and crown reduction to mitigate the risk. Never happened and the neighbor's insurer paid when the collapse caused damage years later.
If there is some type of proof or evidence that there was lack of maintenance or a pre-existing condition that led to the collapse then your insurer may choose to go after their insurer.
I have heard of this before where someone had a neighbor's overhanging tree threatening their house and they sent a certified letter requesting maintenance and crown reduction to mitigate the risk. Never happened and the neighbor's insurer paid when the collapse caused damage years later.
Posted on 10/11/20 at 6:35 pm to fallguy_1978
quote:
Act of God.
Are atheists covered?
Posted on 10/11/20 at 6:36 pm to tigeraddict
quote:
Only exception I know of if you formally notified the neighbor that the tree was dead/sick And he did nothing to fix it. Otherwise neighbor is absolved of liability
No. If the tree was obviously dead and barren there is no obligation on the neighbor to notify the owner accordingly. The owner still has an obligation to properly maintain his property and remove dead trees when the condition becomes apparent. There is an obligation of constructive notice at play.
Now if the neighbor sends a letter that makes the case for liability stronger since he is on actual notice.
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