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the tree in question is a healthy young maple and was trimmed in april now in june there has been a claim by the homeowner of one of the lots against the other homeowner. can an act of god (very bad storm!) be the one to blame and how can anyblame be bestowned by one owner to another?

2006-06-15 09:42:49 · 6 answers · asked by carmie 1 in Politics & Government Law & Ethics

6 answers

A court will have to decide the issue if the parties refuse to settle the issue between themselves.

Generally, in order to prevail, a complainant has to prove the respondent was negligent.

It would seem to me that the parties should discuss the issue with each other, and if they cannot agree, engage a disinterested third party and present their cases to hiim/her. He/she will probably provide the same answer as a court.

It will save everyone a lot of time, money & aggravation.

And, either relocate the offending tree or cut it down to avoid future disputes.

However, if insurance companies are involved and are pursuing the matter, it is irrelevant what the parties do.

Good luck.

2006-06-15 09:53:33 · answer #1 · answered by Left the building 7 · 0 0

i worked in insurance...

the tree is the property of the person who owns the land it is on. if the branches are over someone else's property, that owner has the right to trim/cut them.

during a storm, it is considered an act of god, unless the claimant advised the owner to take care of the tree because it was an accident waiting to happen

2006-06-15 16:49:09 · answer #2 · answered by Benfica08 2 · 0 0

This is a great question for a lawyer. My thought is that since it is on the property line, the tree would belong to both owners equally. YMMV.

2006-06-15 16:46:57 · answer #3 · answered by davidmi711 7 · 0 0

the only lawsuit that can be filed would be that person filing agsinst their own homeowners insurance. it was an accident, an act of god.....their policy should cover that. they cant sue you for damages.

2006-06-15 16:50:34 · answer #4 · answered by bunnicula 4 · 0 0

It can't. The law says if it's an "act of god" then it's not u'r problem. lol

2006-06-15 16:58:30 · answer #5 · answered by Anonymous · 0 0

Is it your tree?

2006-06-15 16:48:17 · answer #6 · answered by Anonymous · 0 0

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