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Old 02-11-2010, 10:10 AM
 
Location: The 12th State
22,974 posts, read 58,581,142 times
Reputation: 14925

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I just heard on the news that if a neighbor tree falls or causes
damage in your yard YOU or your insurance has to pay.
I didnt know this i'm going to see if this news story or info is online.
Just thought I would give a heads up due to yesterday wind, and upcoming Spring winds this is information I thought we all could use

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Old 02-11-2010, 10:38 AM
 
249 posts, read 426,602 times
Reputation: 179
I think it depends. If you have a tree hanging over your property, you notify your neighbor that they need to cut it because it's an issue, and they don't (it later causes damage to your property) then you can sue and win. If there is no foreseen issue and it causes damage as an act of God, then your insurance has to pay.
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Old 02-11-2010, 10:38 AM
 
Location: Union County
5,787 posts, read 8,429,752 times
Reputation: 4818
Unless you can prove that the neighbor was negligent in some way (i.e. tree was dead and not taken care of), I don't see why this wouldn't be covered by your own insurance... Act of God, etc.
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Old 02-11-2010, 10:43 AM
 
11,836 posts, read 25,469,751 times
Reputation: 2781
We had a neighbor's tree fall on our garage last year. Our insurance would only kick in after we'd met the $500 deductible. As it turned out the cost to cut the tree down was $500 which we split with the neighbor.
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Old 02-11-2010, 10:58 AM
 
4,010 posts, read 8,941,992 times
Reputation: 1586
The rule is this. If the tree falls due to an act of God, i.e. bad weather caused an otherwise healthy looking tree to fall, then everyone pays for their own damage.

If the tree was dead or or fell due to some reason the guy who owns the tree neglected to fix, then he must pay for all damage.
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Old 02-11-2010, 11:03 AM
 
2,838 posts, read 4,155,052 times
Reputation: 6884
We had a recent thread on this (Tree falling/so called act of God). I had this happen to me. A neighbors tree fell on my home and I had to pay. The tree was dead but I had no proof that the neighbor was negligent.
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Old 02-11-2010, 11:06 AM
 
Location: The 12th State
22,974 posts, read 58,581,142 times
Reputation: 14925
this is an article I found produced by an insurance company

If a tree falls on my house from my neighbor's yard, who pays for the damage?
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Old 02-12-2010, 06:24 AM
 
540 posts, read 1,522,518 times
Reputation: 330
IF the tree is HANGING over your side of the property line you can trim off whatever is hanging on your side..
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Old 02-13-2010, 01:59 PM
 
6 posts, read 15,635 times
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lumbollo and thestem are both 100% correct.
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Old 02-15-2010, 02:40 PM
 
15 posts, read 33,522 times
Reputation: 17
Dr. Ken,

Lumbollo is *almost* 100% correct, but he's not totally precise in his wording...If the tree is generally healthy and falls due to an Act of God, he's basically right...the general rule is that everybody pays for their own damage...If the tree ISN'T healthy though, it boils down to the old "knew or should have known" question...If the owner knew the tree was dead/badly damaged (or SHOULD have reasonably known), then he's at fault. However, if the underlying issue was one that was not going to be apparent to the reasonable owner, then it's a whole other shooting match...say the tree got diseased over the winter and died in an "invisible" sort of way before the Spring...that's probably going to still fall under the general rule of "everybody pays for their own damage."

This "simple" everyday fact scenario points out why state bars generally forbid members from giving "general" legal advice over public forums...The nuances of individual situations are always prone to the old "the devil is in the details" saying.

Suffice it to say, though, that if you KNOW a neighbor's tree is likely to be an issue, your homeowners policy carrier will almost certainly advise you to send them a certified letter saying so...to establish proof, should it fall, that they knew/should have known...and also to get them off the hook if YOU fail t send the letter!
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