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Fallen Tree Fell Onto Neighbor's Fence/Property

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blkgapeach

Junior Member
What is the name of your state (only U.S. law)? Georgia

During a heavy wind, a tree in my yard fell across my neighbors fence and onto their yard. I called my insurance company the next day and they informed me that we are not responsible for removing the tree because it was caused by an act of God. My husband has relayed this information to the neighbors, but they continuously knock on our door asking when we will be removing the tree.

What can I do to stop them from bothering us about the tree?
 


154NH773

Senior Member
my insurance company the next day and they informed me that we are not responsible for removing the tree because it was caused by an act of God
You are probably not responsible for the damage to their fence, their insurance should pay for the damage. I had a similiar situation with my neighbor's tree falling on my property, and they removed it.

Although you may not be "legally" responsible for removing it, there is probably a portion of the tree on your property connected to the portion on their property. Why don't you offer to share in the removal, after all, it was your tree? If they have it removed and take you to small claims court, the judge may find your attitude unreasonable, and there's no telling how he may find.

Maybe someone else will jump in here and cite some law that will absolve you absolutely of any responsibility, but I doubt it.

See the thread at:
for a similiar situation, note drewguy's response.
 
Last edited:

drewguy

Member
What can I do to stop them from bothering us about the tree?
Tell them that the law makes the tree their responsibility to clean up. Or tell them to call their insurance company, like you did, to put in a claim, and tell them that you already asked yours and they said it's their responsibility.

As NH suggests, if you want to be a "good" neighbor, offer to pick up part of the cost. But if they're jerks and you don't feel like it, then don't.
 

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