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Old 06-21-2013, 11:04 AM
 
513 posts, read 732,243 times
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Last weekend during a very hard rain the tree on a new neighbors' property fell into my daughter and son-in-law's yard. Luckily, it avoided their house and cars. They waited a couple of days and then approached the neighbors about getting the tree removed. The husband really didn't say anything, except "I have a chainsaw," but didn't offer to come over or have it taken care of in any way. Today my son-in-law is just going to cut it up and remove it himself since it will have been there a week tomorrow. (He said, "I don't want to deal with Mr. Personality anymore!")

Any thoughts? Was this neighbor just trying to avoid responsibility/liability? That is really my thought on the subject. Thanks!
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Old 06-21-2013, 11:08 AM
 
6,293 posts, read 10,536,542 times
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If it didn't destroy any property why not just cut it up and save it for firewood? I doubt the neighbors insurance would cov it. Around here if it's in your yard it's your problem.
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Old 06-21-2013, 11:12 AM
 
513 posts, read 732,243 times
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Hi, thanks, Spazkat. Yes, I'm sure that is what they will do, save the wood or possibly sell it : ). It was just frustrating that this guy didn't apologize for the inconvenience or really the scare from the noise it caused them.
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Old 06-21-2013, 11:14 AM
NCN
 
Location: NC/SC Border Patrol
21,661 posts, read 25,504,682 times
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Has your daughter called her insurance company? They would know the answer to this one.

I think things like this are considered "Acts of God." Nothing for the neighbor to apologize for. He is a victim too. His tree is gone. We have had a lot of fallen trees in North Carolina lately. Just be thankful it hit nothing of value besides the grass, of course.
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Old 06-21-2013, 11:23 AM
 
6,293 posts, read 10,536,542 times
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IDK NCN we would have at least said sorry, and offered to help cut up the tree. Then again maybe the neighbor is a lawyer, and thinks apologizing could open himself to some sort of liability. You know people are lawsuit crazy.


Around here there are a lot of come and get it firewood ads on Craigslist. Maybe they can post a free if you come and get it ad.
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Old 06-21-2013, 11:26 AM
 
513 posts, read 732,243 times
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Default In Alabama...

... what you suggested ^^^ would have been the courteous, neighborly thing to do, too. But then I think they are Yankees -- ho, ho!
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Old 06-21-2013, 12:22 PM
 
Location: The Triad
34,091 posts, read 82,490,189 times
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Quote:
Originally Posted by lizzyst View Post
Last weekend during a very hard rain the tree on a new neighbors' property fell...
Was this neighbor just trying to avoid responsibility/liability?
Unless you knew of a defect with the tree that you told your neighbor about prior to the incident
(and in many states put that into writing) this is an act of nature.

The down tree is now your property.
The damage is now your responsibility.

So.... check your policy to see if you even have coverage for such an event.
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Old 06-21-2013, 12:33 PM
 
10,583 posts, read 12,000,980 times
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Yes. You'd have to be able to prove the neighbor, in fact, knew the tree was a danger, and did nothing about it.

In many cases that can't be proven. In some cases it can be, almost always when there's a paper trail, because the city, you or your lawyer notified them.....and the correspondence (or lack of response) that ensued.
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Old 06-21-2013, 01:02 PM
 
Location: Bel Air, California
23,771 posts, read 28,865,134 times
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Quote:
Originally Posted by lizzyst View Post
... what you suggested ^^^ would have been the courteous, neighborly thing to do, too. But then I think they are Yankees -- ho, ho!
ha ha, true enough, plus down in Dixie....free rope!
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Old 06-21-2013, 02:26 PM
 
Location: southwestern PA
22,265 posts, read 47,198,180 times
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Quote:
Originally Posted by lizzyst View Post
Was this neighbor just trying to avoid responsibility/liability?
Not at all.
A tree in your yard is your responsibility, not your neighbor's.
Any liability would go on your homeowner's insurance.
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