2007-01-18 05:24:32 · 23 answers · asked by Bill W 1 in Home & Garden ➔ Maintenance & Repairs
Depends on your city's ordnances regarding this.
If your neighbor has offered to pay for half, then be happy with that, that way you two dont get into a ridiculous fight over this. If he hasnt offered to yet, bring it to his attention about paying for half of it. And finally, I would contact the city or county where you live regarding this sort of thing. Well, actually do that anyways, but at the very least, ask him to pay for half if he hasn't already.
2007-01-18 05:29:51 · answer #1 · answered by jeff the drunk 6 · 0⤊ 1⤋
As strange as it sounds, you are probably responsible for the damages. Assuming the tree was living and in good shape, insurance companies generally would cover the damage from the tree by whoever's policy covered the damaged property. I found this out after a hurricane in Pensacola.
2007-01-18 07:15:05 · answer #2 · answered by Jeffrey S 6 · 1⤊ 0⤋
if he had chopped the tree down then your neighbour, if it's because of the high winds I am unsure, you may have to claim on your buildings insurance. If the trees belong to the council however then they will be responsible. Think about it, if a tree from your garden had fallen would you think it fair to get stuck with the bill? I think it's a house insurance issue.
2007-01-18 05:31:13 · answer #3 · answered by Smoochy Poochy 6 · 0⤊ 1⤋
Not sure where you live, but in Canada if the tree that fell on your living tree is dead,then the insurance should cover it. If it was alive and this is an natural act example wind or lightening then it is not covered by insurance. Your best bet would be to call your insurance broker and ask what your laws are, and if your neighbor is liable you can go through your insurance to collect off of his insurance perhaps he just doesn't want his insurance to go up? If worst comes to worse you can take him to small claims court. I would take pictures and date them of you damaged trees. Also save any bills that you may acquire to save your trees!...Good Luck
2016-03-29 03:17:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
1. If the tree fell down and damaged your property due to your neighbour attempting to chop it down etc, then your neighbour is responsible
2. If the tree fell down due to the high winds at the minute, then its an act of god and your neighbour doesn't have to pay. Contact your insurance company, it should be covered.
3. If the tree fell down due to rot etc, your neighbour is responsible as they have a duty of looking after the tree and if it begins to rot, the council should have been contacted as soon as it was noticed, due to the potential danger!
First thing to do is to ring your insurance company, speak to them.
Your neighbour may be willing to pay out of good will...highly unlikely, but you never know!
2007-01-18 05:36:41 · answer #5 · answered by Becci 4 · 2⤊ 1⤋
Your neighbor is responsible. Also you may want to contact the City Hall and file a complaint. If your neighbors are not willing to do anything about it. Let me know how it turns out. We have a vacant house next door with a very huge tree and it drapes over our fence and yard, when the wind blows around here in Washington State, it has on occasion pulled up very large trees.
2007-01-18 05:33:36 · answer #6 · answered by Anonymous · 0⤊ 2⤋
I think you'll find Becci is right, i.e. its no ones fault directly the tree just happened to be in your neighbours garden. Sorry.... Have a word with your insurance to confirm.
2007-01-18 06:08:03 · answer #7 · answered by Anonymous · 1⤊ 1⤋
he is... maybe... if you can prove he was negligent in some way for not knowing the tree was a falling hazard. For example, if the tree was in poor health and he did nothing to mitigate it, then he could be found negligent. Otherwise, it might be construed to be an act of god and no one would be responsible.
2007-01-18 05:27:17 · answer #8 · answered by Anonymous · 1⤊ 1⤋
As the tree was on your neighbours property, you can claim on his insurance. If it is not covered by his insurance, he is still liable to pay for any damage to your property.
2007-01-18 09:25:56 · answer #9 · answered by Anonymous · 0⤊ 2⤋
You are most likely responsible unless prior agreements had been made. Call your insurance company and please don't listen to these folks - most don't have a clue and are answering only what they think is fair. Fairness has nothing to do with it!
2007-01-18 05:29:30 · answer #10 · answered by matters 3 · 1⤊ 1⤋