We paid for the fence and put it up ourselves. The damages are approximately $500. Our homeowners insurance deductible is $1000. Who legally is responsible for repairing the fence?
2007-03-15 10:39:00 · 15 answers · asked by Careslo 1 in Home & Garden ➔ Maintenance & Repairs
it is just the opposite as another suggested. if a live tree fall from your neighbor's property their insurance should pay. if it was dead, and they know it was dead, the nieghbor pay, their insurance would exclude the hazard, because most policies say you must remove dead trees.
2007-03-15 11:13:13 · answer #1 · answered by buzzards27 4 · 1⤊ 0⤋
It really depends on the laws in your state. Some laws are whose property the tree was originally on and other states/counties have the law as to where the tree is now lying. I had this problem several years ago with a neighbor...it was her tree but landed on our property onto our fence and we were responsible for it because it was an act of nature. So, you may want to call your local court house/law office and see what the law is in your area.
2007-03-15 18:10:23 · answer #2 · answered by CHRISTINA N 1 · 0⤊ 0⤋
A tree belongs to no one, and unless you can prove negligence on the part of the neighbor that they knew the tree was weak and a danger, there is little argument that you can get them to pay for the entire fence repair.
Typically, when a fence is on a common property line, both property owners are responsible for the maintenance costs. However, if there is no reason that your neighbor needs the fence they can refuse to pay and leave it as is. You then have the option of paying for the whole repair since you seem to want / need the fence.
2007-03-15 17:58:21 · answer #3 · answered by catsovermen 4 · 0⤊ 2⤋
The owner of the tree is liable. If your nieghbor is friendly,Try to negotiate a payment from him, he should have insurance too. If not you could go to small claims and win. But be careful, do you want to start a feud ? Some people take things like that EXTREMELY PERSONAL. If they are normal people the worst that coild happen is that they won't talk to you anymore, If they are Nut Jobs...Watch Out!
2007-03-15 18:08:59 · answer #4 · answered by mrhappy 2 · 0⤊ 0⤋
split the cost of the 500.00
why pay the 1000.00 if the damages are not
legally well why don't you just sue the tree for falling
or the storm for happening
i hope your fence was lined in gold because there is no way a section of fence is worth 500.00 unless the whole side was tore down if thats so thats one great big tree
2007-03-15 17:51:49 · answer #5 · answered by country-girl 3 · 0⤊ 1⤋
the tree was on their side of the property so the tree "belongs" to them so they have to pay. it's like when somebody's shingles or ice fall off the roof, the owners of that house must pay even though they didn't do anything "wrong"
2007-03-15 17:44:25 · answer #6 · answered by Monica 2 · 0⤊ 0⤋
If the tree is based on the neigbors land, they should be paying for it. If they refuse, you could file small claim in court, but is it worth angering the people?
2007-03-15 17:45:21 · answer #7 · answered by morris 5 · 0⤊ 0⤋
well , around here if the tree is in your yard you own it. so his insurance company should be held liable...here storm damage is almost always covered by homeowners insurance
2007-03-16 06:44:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
if its common property betwen the both of you then the neighbors should pay however there is no law that will force them too..maybe if its visible from the street you can get HOA involved and force them to pay that way...
2007-03-15 17:43:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Unless the tree was dead, it is considered (by the insurance companies) an act of God. So I suppose you're on your own.
2007-03-15 17:47:02 · answer #10 · answered by Spider John 2 · 0⤊ 1⤋