during a severe wind storm my tree fell on the neighbors property do i have to pay for any damages?

Question

the tree fell on their deck and broke a few boards, the whole tree was blown up by the roots. my husband is helping to remove the tree but they are complaining and saying we have to pay and replace their whole deck. is this true? we don't have home owners insurance on this property, it's just a piece of land we are trying to sell.

Answer 1

This isn't the same case as you mentioned but it is as close as I could get. You can search the site for more information. I put the site below. It is from Judge Joe Brown's TV show.

My neighbor's tree looks like it's going to fall on my house any day now. What should I do?

You can trim back branches to your property line, but that may not solve the problem if you're worried about the whole tree coming down.....................Some cities have ordinances that prohibit maintaining any dangerous condition -- including a hazardous tree -- on private property. To enforce such an ordinance, the city can demand that the owner remove the tree or pay a fine. Some cities will even remove such a tree for the owner. ..................The legal theory is that the dangerous tree is a "nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property. You can ask the court to order the owner to prune or remove the tree. You'll probably have to sue in regular court (not small claims court) and have proof that the tree really does pose a danger to you.

Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land?

Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. Instead, the neighbor can go ahead and trim the tree himself. In some states, however, neighbors may sue under certain conditions, including:

If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done.
If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. "Serious harm" generally means structural damage to property, for example damaged roofs or walls, crushed pipes, clogged sewers, or cracked foundations....................

Answer 2

If the deck was not structurally damaged, the supporting woodwork, probably not. Because the tree was rooted on your property, you are liable for damages. However, most courts will not let your neighbors charge you for an entirely new deck.

If you neighbors have homeowners insurance, you could ask them to turn in the claim and you could pay that amount. The insurance company doesn't want to pay out for a new deck either, again if it is not structurally damaged.

If you have to get into it at that level, you should be able to figure out depreciation on the deck. There are a lot of variables. You might want to check your local building and codes office and inquire about the legality of the deck. If your neighbors did not have a building permit for the deck, it is in essence illegal. That would mean that your neighbors could be fined for an illegal structure and the local building authority could require them to distroy it or face charges.

Just be as courteous as you can be. The tree didn't come down because you ordered up the storm to blow it down.

I hope this helps.

Answer 3

Yes. Anything, natural or manmade which is organic to your property meaning, owned by you or under your care, is a direct liability to you. It doesn't matter if it's an accident or not. Likely, your homeowners' insurance will cover this and if not, you are more than likely going to be stuck with the bill.

The law here may suck, but if it wasn't there than no one would take responsibility for anything like that. Your neighbor could not just come onto your land and cut your tree back if he thought it was a threat, however you had the power to mitigate the threat of this occuring by taking precautions in cutting the tree back/down so that it would not be a hazard to others.

Answer 4

Get together unless relationships are beyond repair, but, I do believe you have some responsibility...since you owned the tree that damaged their property. But, I also believe that they should get with their property insurance agents and let them handle it. You should agree to pay half of the deductable on their property insurance. Look at the situation as a mutual problem and be helpful after all the tree was located on your property. If they get too demanding you'll have to get a lawyer and that will cost more than the deductible I assure you.
thanks

Answer 5

NO you don't! Their insurance company will pay for it. YEARS ago the insurance companies got together and made a deal, each pays for the damage caused by trees to its own customers. Meaning if your neighbors tree falls on your house, GOD caused it to fall, no questions asked! No amount of trimming, cutting, etc can overcome the power of God, or so the agreement says. You are safe from that, but not safe from your neighbors trees, your own company will cover that damage.

Answer 6

If it is your tree and it fell and damaged someone else's property then yes you have to pay for it, ALL of it. Don't you have insurance that covers your home and property in such a storm??

Answer 7

When the tree fell, did it make any sound? Ask a lawyer not a bunch of people on the net.

Answer 8

Only if you were negligent in removing a tree that was weak and likely to fall on your neighbor's property.

Answer 9

It is not your problem. That is why people have home owners insurance. Healthy or not there insurance pays the bills. Too many people here full of S-H-I-T.

Answer 10

No. You are not liable. As long as the tree was healthy with no outward signs of rot or weakness. Your responsibility is limited to removing the tree.