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I had a tree fall on my house thanks to this lovely nor'easter. The tree is my neighbors and I'm wondering what the etiquette is when having it taken down. I plan on going to talk to them in a little bit. Should they be the ones taking it down?? I'd like them to pay for the whole thig since it is their tree. What can I expect? Has this happened to anyone in the recent storms?
You think I should pay to remove their tree? That's kind of backward thinking. I know if it were my tree I would pay to remove it off their house. Has anyone had this problem yet?
Status:
"Let this year be over..."
(set 23 days ago)
Location: Where my bills arrive
19,219 posts, read 17,095,590 times
Reputation: 15538
Quote:
Originally Posted by mambwe
You think I should pay to remove their tree? That's kind of backward thinking. I know if it were my tree I would pay to remove it off their house. Has anyone had this problem yet?
Unless there is documentation that shows the tree was a danger and the neighbor was notified to have it corrected you are responsible for what is on your side of the property line. The cause is considered an act of God and your insurance is responsible.
It's nice you would take responsibility if the tables were turned but it doesn't work that way.
The deal is this - the owner of the tree has no liability unless: the tree was an issue and you had notified the neighbor prior to the event or the neighbor did something to cause the tree to fall.
If the tree is still rooted on his side and leaning against your house, you may have a case with their insurance company.
Your insurance company will pay for any damage to your house that is above your deductible, but (I'm not certain here) will not pay to remove the tree.
My advice is to get the tree removed and house damage repaired as inexpensively as possible and ask the neighbor to "contribute" to the total cost. They may say that they are not liable (which is true), but I would respond "are you going to let an insurance company determine your morality". I guess it all depends on your relationship with the neighbor.
You think I should pay to remove their tree? That's kind of backward thinking. I know if it were my tree I would pay to remove it off their house. Has anyone had this problem yet?
Then why are you asking? The answer is - go ahead and talk to them and it would be nice of they would make the offer to remove it. After all everyone has been through, I wouldn't expect the basic niceties to reign. But the bottom line is, they are not technically responsible. If the tree was a danger and you sent them a letter every year asking them to remove it, and then this happened, you might stand a chance of getting them to pay for it.
But what the others have posted is correct. It's on your house, your insurance will pay for it. If they can, they will try to get some money back from your neighbor's insurer.
Hate to inform you. But your insurance company will have to pick up the tab. Maybe you can show them your policy where it states the deductible, and maybe you can get them to split it with you. It does seem to suck but who has extra money laying around to our own trees let alone a neighbors. Don't let it anger you, It is truley a accident but thank god no one was hurt. When they cut it down have them put the rubble back in front of the owners house. Good luck . COOL HEADS PREVAIL
our neighbor was nice enough to go through his own insurance for the tree removal (he had other damage on his side too) but that's after we talked to him nicely about it. Doesn't hurt to try, but it's unfortunately your responsibility.
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