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If the tree was visibly dead or rotted, and it was on your property, you might very well be liable for the damage.
well, it was clearly dead, but it was in amongst dozens of other [live] trees.
i certainly had no idea it was about to fall..
Quote:
Originally Posted by Hopes
Depends on your state laws.
In my state, the person's property or auto insurance covers any damage to their own property unless they previously notified the neighbor of the risk via certified letter.
Contact your homeowner's insurance company and ask them.
the homeowners rep told me confidentially that i wasn't responsible, but i need something on the books, in writing. for the state of maryland, preferably
anyway, my insurance will only 'pay' to remove the tree - which is kind of a joke b/c there's a $1,000 deductible, and i could do it myself with a chainsaw in about 20 minutes. neither my homeowners insurance or his will cover the damage to the vehicle, which may be totalled.
This is really an unusual situation, isn't it. I would have thought that if it was your tree which fell and damaged your neighbor's property, healthy or not, I would have thought it was your responsibility...your property damaged someone elses. I looked around a bit online and golly, it seems as if most states have that law. Wow... who knew. A couple of years ago, here in the PNW, we had a pair of storms which downed literally millions of trees. They were falling all around us, and yet none of ours uprooted or snapped. We made the decision to go out and cut all of our large trees, that might fall on power lines, in the street, on our house,etc. The ones we couldn't bring ourselves to cut down, were drastically topped to ensure they would do no harm. Obviously, we replaced all of those trees with new young ones, but we were so afraid that our trees would harm someone elses property or life, that we couldn't bear the risk. I do have to say though, my neighbors have a couple of trees which are leaning dangerously over our fence line.... do we have to try contacting them to let them know? These people do not live in the area.
This is really an unusual situation, isn't it. I would have thought that if it was your tree which fell and damaged your neighbor's property, healthy or not, I would have thought it was your responsibility...your property damaged someone elses. I looked around a bit online and golly, it seems as if most states have that law. Wow... who knew. A couple of years ago, here in the PNW, we had a pair of storms which downed literally millions of trees. They were falling all around us, and yet none of ours uprooted or snapped. We made the decision to go out and cut all of our large trees, that might fall on power lines, in the street, on our house,etc. The ones we couldn't bring ourselves to cut down, were drastically topped to ensure they would do no harm. Obviously, we replaced all of those trees with new young ones, but we were so afraid that our trees would harm someone elses property or life, that we couldn't bear the risk. I do have to say though, my neighbors have a couple of trees which are leaning dangerously over our fence line.... do we have to try contacting them to let them know? These people do not live in the area.
you wouldn't think it would actually be all that unusual, given the number of trees and cars out there. if this had been a healthy tree, it's pretty clear that i'd have no liability. however, it was a dead tree - - yet i knew nothing about it. i feel like i have some responsibility, from a good-neighbor standpoint if not from a legal one..
you wouldn't think it would actually be all that unusual, given the number of trees and cars out there. if this had been a healthy tree, it's pretty clear that i'd have no liability. however, it was a dead tree - - yet i knew nothing about it. i feel like i have some responsibility, from a good-neighbor standpoint if not from a legal one..
Oh gosh, I looked back at my post and it almost sounded like I might have been being judgemental....I really wasn't. Honestly. I guess I was speaking from my own point of view and you know, our trees hitting someone else. I really wasn't passing judgement on you. I do understand how you feel though. Honestly, if my tree, or even limbs from my trees did damage to someone's property, I would feel so responsible! Ugh.... Did you say the lot is heavily wooded? and that's why you didn't notice the dead one? One of the ones that hubby decided to cut all the way to the ground? He was soooo grateful that he did. The tree looked as healthy as could be, but he had to come into the house and get me once it was down. The darn thing....a big ole white pine...was rotten almost clear through. There was only about 4 health rings, inside the bark, all the way around the tree. This tree was about 36" in diameter.....nothing but 3" of good wood around the edges! We couldn't believe that it didn't go down in one of the last storms....and it was right next to the street and leaning that way! Phew!
We had thoussnads of thses and the owenrs insuarnce always paid;becuase proving it was from the rot and not the storm is very difficult and would likely result in only poartial blame since their was a storm.
Here in PA...
a tree fell from one property onto another, resulting in $65,000 in damages to my neighbor's roof, gutters, fireplace and deck.
THEIR insurance paid... NOT the tree owner's.
Act of God.
Their agent told them that they should have notified the tree owner if they thought the tree was dangerous. They had NOT, as the tree was not a hazard. It was healthy and straight.
We just had a bad storm (Act of God) and the tree fell the wrong way.
Yes, in the case of a healthy tree brought down by a storm, that is my experience too. . . act of god. . . . no personal fault.
Oh gosh, I looked back at my post and it almost sounded like I might have been being judgemental....I really wasn't. Honestly. I guess I was speaking from my own point of view and you know, our trees hitting someone else. I really wasn't passing judgement on you. I do understand how you feel though. Honestly, if my tree, or even limbs from my trees did damage to someone's property, I would feel so responsible! Ugh.... Did you say the lot is heavily wooded? and that's why you didn't notice the dead one? One of the ones that hubby decided to cut all the way to the ground? He was soooo grateful that he did. The tree looked as healthy as could be, but he had to come into the house and get me once it was down. The darn thing....a big ole white pine...was rotten almost clear through. There was only about 4 health rings, inside the bark, all the way around the tree. This tree was about 36" in diameter.....nothing but 3" of good wood around the edges! We couldn't believe that it didn't go down in one of the last storms....and it was right next to the street and leaning that way! Phew!
hee, that's ok
i didn't take your post as being judgemental at all.
right, this was in a heavily wooded area, in a little 30 foot wide by 150 foot long strip of land that's sandwiched between two neighbors. it wasn't even until the past week or so that enough leaves were lost from the adjacent trees to even get much of a look at it.
hee, that's ok
i didn't take your post as being judgemental at all.
right, this was in a heavily wooded area, in a little 30 foot wide by 150 foot long strip of land that's sandwiched between two neighbors. it wasn't even until the past week or so that enough leaves were lost from the adjacent trees to even get much of a look at it.
Oh gosh, yeah.....I can see that. when the deciduous trees are all leafed out, they pretty much hide everything, don't they?
Well, we have a couple of vacant lots at the end of our property. The owners live elsewhere and don't do anything with the property. We actually attacked the fenceline a couple of years ago and have been keeping "their" blackberry vines cut back about 10 ft. from the fence ever since. Her in the PNW those things will grow 20 ft in a season and pull down our fence (did, and had to replace the fence), as well as touching down in our yard and starting brand new bushes.....nasty long hooked thorns! Ugh. They had several trees go down in the last 2 storms. The first one took out a power line that runs along the property. Two days ago, we had another storm come through and one of their trees made it to our fence. Fortunately it missed my son's vehicle which was only about 10 ft from the fence. The fence is repairable, but that would have been really frustrating if it would have hit dear son's 4-runner.
This is really an unusual situation, isn't it. I would have thought that if it was your tree which fell and damaged your neighbor's property, healthy or not, I would have thought it was your responsibility...your property damaged someone elses. I looked around a bit online and golly, it seems as if most states have that law. Wow... who knew. A couple of years ago, here in the PNW, we had a pair of storms which downed literally millions of trees. They were falling all around us, and yet none of ours uprooted or snapped. We made the decision to go out and cut all of our large trees, that might fall on power lines, in the street, on our house,etc. The ones we couldn't bring ourselves to cut down, were drastically topped to ensure they would do no harm. Obviously, we replaced all of those trees with new young ones, but we were so afraid that our trees would harm someone elses property or life, that we couldn't bear the risk. I do have to say though, my neighbors have a couple of trees which are leaning dangerously over our fence line.... do we have to try contacting them to let them know? These people do not live in the area.
I remember that storm well... lost a number of trees and decided to take out several after the storms... I think almost everyone had storm damage... high winds after weeks of rain proved to be too much.
Thurston County got walloped is all I can say...
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