My neghboor grows big trees next to my back yard fences. Now it fall and break my fence. Should she be liable for it? If she doesn't pay, can I bring her to the courts?
2007-10-05 05:15:52 · 14 answers · asked by KP 5 in Politics & Government ➔ Law & Ethics
Contact your insurance first, and see if you're covered for such conditions. If the tress are an obvious hazard, contact the village, city, whoever, and file a complaint. They could be made to trim the trees. If any damage is caused through an act of nature, then your neighbor is not liable.
2007-10-05 08:12:17 · answer #1 · answered by CGIV76 7 · 0⤊ 0⤋
Tort regulation calls this an act of God, and your neighbor isn't in charge. Your neighbor could be responsible for failing to apply "actual looking care". If the tree became in sparkling threat of falling via fact of sickness or injury, your neighbor can not blame the wind for the surprising crumple. Your neighbor ought to conform to chop up the fee, relatively as your neighbor advantages from the fence, too. yet there is not any criminal requirement to accomplish that.
2016-10-10 08:53:23 · answer #2 · answered by bobbee 4 · 0⤊ 0⤋
Well I live in the Upstate NY area and the laws in this state may be different then the state you live in. But a friend of mine was concerned about one of his neighbors big ole trees. Lots of branches hanging over his property and it actually leans towards his property so if it ever fell, guess where it was falling, yup, his yard. So he called his home owners insurance and asked them who would ultimately be responsible if this tree that was his neighbors fell on his property....They told him that even though the tree wasn't on his propety but branches fell or the actually tree fell that the owners of the tree would only have to be responsible for cleaning up what ever was on there property and not his. But (my friend who doesn't own the tree) his insurance company would pay for the damages. Ain't that somethin!!! So if you have insurance I'd call your insurance company and ask them about it because like I said in the beginning all states have different rules. Good Luck though!!!
2007-10-05 06:21:37 · answer #3 · answered by MLJ 6 · 0⤊ 1⤋
No, it would fall under "Acts of God" if it fell in a storm.
Only if you could prove that the tree was in danger of falling and the neighbor did nothing about it after being warned. Then you may be able to recover some cost.
Even if their tree fell on your house, Its your insurance that has to pay.
2007-10-05 05:22:15 · answer #4 · answered by Dennis F 7 · 1⤊ 1⤋
Generally, the part of the tree that is over your property line is your responsibility. You and your neighbor should collaborate on maintaining the trees.
It is unlikely your neighbor would be found liable. Submit this claim to your own homeowners' insurance.
2007-10-05 05:32:08 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Dennis F is correct. In general a falling tree or branch is an "act of God" unless the tree was dead, dying, diseased or weakened and the owner had prior knowledge of it.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-10-05 05:26:23 · answer #6 · answered by Anonymous · 2⤊ 1⤋
Try this. Get yourself a tent and start sleeping out in the tent next to the fence, this way, when the next tree falls on the fence you will be able to file a major injury claim againt your neighbor.... You're about to get paid Boiiiiiii!!!
2007-10-05 05:27:30 · answer #7 · answered by bettercockster3 2 · 0⤊ 5⤋
i encountered this during hurricane isabel... thank god my neighbors and i were very close... but, its very simple... if a tree falls on your fence, house, car etc... whatever is on your side of the fence is your responsibilty... whatever is on their side of the fence is theirs.... contact your insurance co if you must, but a fence is pretty simple.... you might even get them to help you fix it
2007-10-05 05:26:53 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Nope
2007-10-05 05:18:55 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Her Homeowners insurance should cover it. Call your insurance company and ask who's liability it is.
2007-10-05 05:21:06 · answer #10 · answered by sensible_man 7 · 1⤊ 1⤋