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Started By
Message
Tree damage laws and liability
Posted on 8/29/21 at 10:17 pm
Posted on 8/29/21 at 10:17 pm
If a healthy tree in neighbor A’s yard blows over into a neighbor B’s yard and takes out their fence, who is responsible for removal, repair, etc? It seems like the laws changed a few years ago and now is a good time to bring it up. This is LA, btw.
11
Posted on 8/29/21 at 10:18 pm to sleepytime
Neighbor B takes it up with his homeowners insurance
Posted on 8/29/21 at 10:18 pm to sleepytime
Healthy tree? That's your problem then, baw. Neighbor B eat all the cost for his property.
Posted on 8/29/21 at 10:19 pm to sleepytime
Soooo your neighbor is liable for a category 4 hurricane?
Glad I don’t live next to you.
Glad I don’t live next to you.
Posted on 8/29/21 at 10:23 pm to sleepytime
Neighbor b is responsible.
If the tree is dead and neighbor b has some proof they warned neighbor a about it, then there is a case
If the tree is dead and neighbor b has some proof they warned neighbor a about it, then there is a case
Posted on 8/29/21 at 10:26 pm to sleepytime
If neighbor b hasn't sent a letter to neighbor a that the tree is a problem and needs to be removed then neighbor b is responsible
Posted on 8/29/21 at 10:32 pm to sleepytime
I'm an attorney that specializes on this situation. Bottom line is you're fricked. Your tree, their tree, no one wants to hear that shite.
My paralegal is sending you a $425 itemized invoice for this advice. Glad I could help.
My paralegal is sending you a $425 itemized invoice for this advice. Glad I could help.
This post was edited on 8/29/21 at 10:37 pm
Posted on 8/29/21 at 10:45 pm to Ham Solo
Down voted just because you're an attorney
Posted on 8/29/21 at 10:47 pm to BamaFan365
If you read that and think I'm an attorney you're a complete asshat, but that is my legal opinion.
Posted on 8/29/21 at 11:01 pm to Ham Solo
quote:
I'm an attorney that specializes on this situation.
quote:
If you read that and think I'm an attorney you're a complete asshat,
Whatever you say man
Posted on 8/29/21 at 11:02 pm to BamaFan365
You must be a yute.
Posted on 8/29/21 at 11:14 pm to Ham Solo
quote:I wish
You must be a yute.
Posted on 8/29/21 at 11:17 pm to sleepytime
Post storm...if anything has landed within your property boundaries then it's your responsibility
Posted on 8/29/21 at 11:19 pm to sleepytime
If it's a healthy tree I believe it's considered an "Act of God", but if it's been rotting for a few years they may be liable.
Posted on 8/29/21 at 11:25 pm to ezride25
quote:
Soooo your neighbor is liable for a category 4 hurricane? Glad I don’t live next to you.
I don’t have neighbors anymore but never hesitated to help the ones I used to have. This is a pretty common situation that comes up after hurricanes and thought this would help someone out.
Posted on 8/30/21 at 12:12 am to TankBoys32
quote:
it's a healthy tree I believe it's considered an "Act of God", but if it's been rotting for a few years they may be liable.
It doesn't matter if it has been rotting. Unless homeowner B has proof that letters or emails were sent to homeowner A regarding concerns of said rotting tree and nothing was done after a reasonable amount of time, then homeowner B is responsible.
Posted on 8/30/21 at 12:34 am to hobotiger
Hobo is right. If B has documented proof that he/she requested that the tree be mitigated by A (tree owner) because they felt it was a danger to their health and welfare and A disregarded that request, A is responsible for the damages. YMMV because the other guy, A in this case, may have an expert witness that says there was nothing wrong with the tree when B said it was about to fail. I’ve been on both sides as a expert witness as an arborist.
Posted on 8/30/21 at 12:16 pm to hobotiger
Yeah you're right.
Posted on 8/30/21 at 12:19 pm to sleepytime
Natural disasters sometimes alter the normal insurance laws. There are clauses so you should read your policy
Posted on 8/30/21 at 12:41 pm to sleepytime
Who gives a frick? Your insurance or their insurance will pay.
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