Your next door neighbor's tree falls on your house....

  • rnch

    Posts: 11524

    Sep 11, 2012 7:24 PM GMT
    taking out the wooden fence and damaging the back of your house.

    Is your neighbor financially responsible for reairing your house and fence?
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    Sep 11, 2012 7:28 PM GMT
    Did he cut the tree and then oops? Or did it occur naturally due to age/weather?
  • Import

    Posts: 7190

    Sep 11, 2012 7:29 PM GMT
    This is America. SUE HIM.
    It's your right.
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    Sep 11, 2012 7:47 PM GMT
    In general, unless he was somehow negligent (like improperly undercutting the tree, or it was rotten and you can prove you warned him about it), it's your problem, not his.

    Consult a lawyer in your local jurisdiction. This is general discussion, not legal advice. No lawyer-client relationship is implied.
  • HottJoe

    Posts: 21366

    Sep 11, 2012 7:49 PM GMT
    That happened to me and our neighbor fixed our fence. He was legally obligated but both parties were friendly and patient. Maybe it depends on what state you live in?
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    Sep 11, 2012 7:51 PM GMT
    HottJoe saidThat happened to me and our neighbor fixed our fence. He was legally obligated but both parties were friendly and patient. Maybe it depends on what state you live in?


    If that was the case then your state has an unusual law, but yes, it is dependent on state law. As I said, usually it's the opposite.

    Same principle: If your neighbor's tree overhangs your property, then in most U.S. jurisdictions you can trim it back all the way up to the property line, so long as you don't kill the tree.

    Same disclaimer as above.
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    Sep 11, 2012 8:27 PM GMT
    Tree is his property. Insurance-wise, it is covered under their homeowners policy....ASSUMING they have one. If not, call a lawyer.
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    Sep 11, 2012 11:09 PM GMT
    Talk to your neighbour...if he gives you a hard time.. consult your insurance company..and if need be a lawyer.
  • AMoonHawk

    Posts: 11406

    Sep 11, 2012 11:55 PM GMT
    Just reported to your insurance, its their job to collect from his insurance or him ... not yours ... unless you're not covered, then ask him what is his insurance so you can submit a claim and if he doesn't let you know ... then ya ... sue
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    Sep 12, 2012 1:10 AM GMT
    showme said
    HottJoe saidThat happened to me and our neighbor fixed our fence. He was legally obligated but both parties were friendly and patient. Maybe it depends on what state you live in?


    If that was the case then your state has an unusual law, but yes, it is dependent on state law. .

    Unusual law? The OP lives in Louisiana. Their state law is based on the Code Napoleon. To answer this question you need a graduate of Tulane.
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    Sep 12, 2012 1:11 AM GMT
    Your next door neighbor's tree falls on your house....

    Just paint it to match the trim!icon_wink.gif
  • LJay

    Posts: 11612

    Sep 12, 2012 1:22 AM GMT
    TropicalMark saidYour next door neighbor's tree falls on your house....

    Just paint it to match the trim!icon_wink.gif


    Do they make camouflage paint that comes in a single can?
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    Sep 12, 2012 1:25 AM GMT
    LJay said
    TropicalMark saidYour next door neighbor's tree falls on your house....

    Just paint it to match the trim!icon_wink.gif


    Do they make camouflage paint that comes in a single can?
    If not.. you and i will split the patent and the bucks! Hows that?
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    Sep 12, 2012 1:26 AM GMT
    My understanding is he's only responsible if you had made him aware that the tree had potential to cause your property damage. Unfortunately I know this from experience. If I have legal questions here, Showme is the first person I'm listening to.
  • HndsmKansan

    Posts: 16311

    Sep 12, 2012 1:36 AM GMT
    Check the laws in your state. Each state has varying degrees of legal responsibility.. it isn't the same in all. Certainly the issue is significant enough to warrant a trip to an attorney if your neighbor isn't interested in helping with the repairs. If he was negligent in some manner, I would suspect he could be held liable. Get input!
  • calibro

    Posts: 8888

    Sep 12, 2012 2:03 AM GMT
    legally, he's only responsible if the tree was not in proper condition. So if it were dead or a dead branch came down, he would be liable because it's his duty to maintain the tree. If the tree were healthy, he technically did everything he was required to do as it falls under that "act of god" circumstance.
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    Sep 12, 2012 2:08 AM GMT
    Heyy neighbor... Mind if I stay at your house til mine is fixed?

    No? Okay, now I sue you.
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    Sep 12, 2012 2:45 AM GMT
    Funny you should mention this. Barely a month ago I had a tree surgeon prune trees overhanging the properties of both my neighbors in New York State. One of them has a tree with large branches directly over a wing of my house and I suggested to him that since I was having the tree surgeon over later that week to trim branches from my tree that hung over that neighbor's driveway and cars and the surgeon was so hard to book he could also prune their tree and it would only cost them $300 versus the $900 it cost me for three. He wasn't interested. I figured I wouldn't push it and if his tree landed on the house I'd sue him. In retrospect there's no way to prove I had that conversation with him; I'd mentioned it to another neighbor but it'd be his word against mine. Cut to the wind storms a few days ago and a branch from his tree fell on my property, though there was no damage - this time.
  • LuckyGuyKC

    Posts: 2080

    Sep 12, 2012 2:48 AM GMT
    AMoonHawk saidJust reported to your insurance, its their job to collect from his insurance or him ... not yours ... unless you're not covered, then ask him what is his insurance so you can submit a claim and if he doesn't let you know ... then ya ... sue


    ^^^^^^^^^ WIN! Your insurance will sue his insurance company and your insurance company will win in most states I am familiar.
  • jock_n_ca

    Posts: 148

    Sep 12, 2012 2:51 AM GMT
    I had this happen. Sort of. The tree fell in my yard. It was clearly in MY yard and it was clearly HIS tree. It lay there for a few days. I had to haul my ass over to my neighbor and say "uhm...YOUR tree fell in MY yard so get YOUR ass in gear and do something about it." good times.
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    Sep 12, 2012 3:29 AM GMT
    We have had problems like this, and in general the fallen tree and fence become your problem unless the neighbor was negligent about, say, removing a dying tree.We have never filed an insurance claim for removing fallen branches (if we are even covered for that) but we have filed for a damaged fence.
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    Sep 12, 2012 3:43 AM GMT
    TexDef07 said
    showme said
    HottJoe saidThat happened to me and our neighbor fixed our fence. He was legally obligated but both parties were friendly and patient. Maybe it depends on what state you live in?


    If that was the case then your state has an unusual law, but yes, it is dependent on state law. .

    Unusual law? The OP lives in Louisiana. Their state law is based on the Code Napoleon. To answer this question you need a graduate of Tulane.


    Lol, I'm well aware that Louisiana is a code jurisdiction, but I doubt this one is that different. I did a quick google search which seems to indicate that Loiisiana is in line with the majority rule now. But yes, for a definitive answer the OP should contact a lawyer in his jurisdiction. As I noted.