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Started By
Message
Neighbors tree fell on my fence/yard
Posted on 6/3/18 at 5:27 pm
Posted on 6/3/18 at 5:27 pm
In Atlanta area, homeowner isn’t responsible if his tree falls and damages your property unless you send a certified letter before the accident occurs. Why is this? Why isn’t that person held responsible?
18
Posted on 6/3/18 at 5:29 pm to mallardhank
If the limb has been hanging on your side, it’s your problem. You can cut it down. You're responsible
This post was edited on 6/3/18 at 5:30 pm
Posted on 6/3/18 at 5:30 pm to mallardhank
Why did the tree fall?
Posted on 6/3/18 at 5:32 pm to mallardhank
Unfortunately for you, now you know. How much damage did it do?
Posted on 6/3/18 at 5:32 pm to mallardhank
Go talk with him. He might take care of it anyway. I would.
Posted on 6/3/18 at 5:33 pm to CaptainsWafer
quote:
Why did the tree fall?
The fence had been taunting it.
Posted on 6/3/18 at 5:33 pm to mallardhank
You actually could sue him and probably win...but you would both lose because the cost would far out-weigh the reward at the end.
You should talk with your neighbor and explain the situation and see if he will help pay for it, while suggesting your insurance wants to pursue legal action. See where that gets you and hope it works out. If not, its coming from your wallet.
You should talk with your neighbor and explain the situation and see if he will help pay for it, while suggesting your insurance wants to pursue legal action. See where that gets you and hope it works out. If not, its coming from your wallet.
Posted on 6/3/18 at 5:37 pm to mallardhank
generally, if the tree was dead or something like that, he will be liable. however, if the tree was healthy and just fell, it is generally considered an act of god and you/your insurance is responsible.
Honestly, I wouldn't even consider ruining my relationship with my neighbor over such shite. just go get a fence panel and a 12 pack and work with your neighbor to fix the damn fence.
Honestly, I wouldn't even consider ruining my relationship with my neighbor over such shite. just go get a fence panel and a 12 pack and work with your neighbor to fix the damn fence.
Posted on 6/3/18 at 5:37 pm to IT_Dawg
The only way you could win against him is off you could prove he neglected to have it removed, so if the tree was rotten etc. If it just fell due to a storm, you and your insurance will have to take care of it
Posted on 6/3/18 at 5:39 pm to mallardhank
That is the law everywhere, not just Atlanta
Posted on 6/3/18 at 5:49 pm to mallardhank
quote:
Why is this? Why isn’t that person held responsible?
Nature man
Use this as an opportunity to split beers with your neighbor while rebuilding the fence. Well worth it.
This post was edited on 6/3/18 at 5:51 pm
Posted on 6/3/18 at 5:50 pm to mallardhank
Fall on your neighbors wife with your own wood
Posted on 6/3/18 at 6:02 pm to mallardhank
Did it make a sound?
Posted on 6/3/18 at 6:04 pm to mallardhank
I believe for liability to apply there would have to be a measure of negligence. Can u prove your neighbor was negligent? Was this a rotten tree that he failed to maintain? Or was this a seemingly heathy tree?
Posted on 6/3/18 at 6:20 pm to mallardhank
quote:
Why isn’t that person held responsible?
BC it’s a tree, not a person. It’s an act of God assuming the tree was healthy.
Posted on 6/3/18 at 6:22 pm to mallardhank
I guess you were fine with the shade the tree provided all of these years., But did nothing to help with that.
Posted on 6/3/18 at 6:23 pm to MikeBRLA
That’s where’s I was going to once the OP answered the question.
He needs to grab his chainsaw and go cut it off of his fence and stop worrying about who’s responsible.
He needs to grab his chainsaw and go cut it off of his fence and stop worrying about who’s responsible.
Posted on 6/3/18 at 6:25 pm to mallardhank
My best legal advice to you would be ---
Suck it up, buttercup.
Suck it up, buttercup.
Posted on 6/3/18 at 6:28 pm to mallardhank
quote:If we were in Germany, I’d have to make your bunk.
In Atlanta area
Posted on 6/3/18 at 6:29 pm to mallardhank
If a tree falls in the woods and no one hears it, is there sound?
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