Neighbors fell and tree landed on my front yard. (Atlanta: homeowners insurance, house)

[alabbasi]

I'm hoping that I can get some free advice, I used to live in Atlanta, but ended up moving when the economy bit the dust and came to Dallas TX. As I could not sell my house in 2007, I rented out.

I got a call from my tenants who informed me that a tree fell in my yard so I made started making calls to have it removed.

I came to find out from the contractor, that what actually happened is that a very large tree fell from my neighbors yard, landed on two of my trees and took them them out. But 70% of the debris on my yard is from the large tree as my trees (which he said was mostly dead) were pretty small.

The clear up will cost about $600. I want to be fair with the neighbor and ask him to pay for 1/2 of it, but before I do so, I'd like to know if he has any obligation to pay anything.

I would be grateful for any thoughts on this matter.

[ATLTJL]

Maybe you could pay someone $100 to just push it back onto your neighbor's yard.

[JPD]

It is my understanding that they have no legal obligation. Nor would you if your tree fell into their yard.

[10scoachrick]

Originally Posted by ATLTJL

Maybe you could pay someone $100 to just push it back onto your neighbor's yard.

I don't care WHO you are, that's funny right there!

I believe unless the neighbor knew the tree was weak/in danger of falling and chose to neglect it, he'll be under no legal obligation to remove it. I'd sure ask for some restitution or take the above advice.

If he knew the tree had problems(leaning, dead/diseased, etc) and you can prove it, that 'could' work in your favor; however, there's no sense in creating ill will if you plan on being neighbors for any length of time.

[lorilove]

I think it is reasonable for you to ask. This is the risk of managing a property from a distance.

In my neighborhood, that would not even be an issue. The neighbors all know each other and except for a few odd types, I can't imagine the person who's tree it was not automatically taking care of it themselves.

[arjay57]

I don't think folks have any responsibility for falling trees unless they had reason to know the tree was damaged or otherwise in danger of falling. Trees are just part of the natural environment.

Your homeowners insurance should cover any damage as well removal costs. If the costs are minimal, however, it may be simpler just to do it yourself.

[FromGA]

Is it considered an "act of God", and hence the neighbor has no obligation? I remember hearing that some where.

BTW, is "act of God" a legal term?! Or is there a different term for it?

[FromGA]

By extension, I suppose, what if a huge branch from a mile away came and smashed into a home in a violent storm. That would certainly not involve liability on the part of that home's owner.

[alabbasi]

Thanks gang, I'll not rock the boat if it's unnecessary.

[cittic10]

Having just been sued for this recently (and won), I can tell you that unless you can prove the tree was a hazard (such as being dead) then you're not going to get anywhere with it. It just so happened that I had ample proof proving the contrary.

It doesn't hurt to ask, maybe the neighbor will chip in or offer to pay but if they refuse, don't press it. For $600 it's not worth the endless headaches and expense of a legal battle.