Fence damange from neighbor's fallen tree limb

[klfaria]

What is the name of your state (only U.S. law)? CA

A large limb from my neighbor's tree fell and broke a portion of our fence on a storm-free morning 2 weeks ago yet he is not taking any action on repairing it. Do I have any other options besides fixing it myself and taking him to small claims court? What documentation should I have for the court?What is the name of your state (only U.S. law)?

[justalayman]

was the tree obviously a threat to your fence before it fell?? Was it diseased or dead?

was the owner aware of the condition of the tree?

[drewguy]

To finish justalayman's thought . . . if not, you're responsible not your neighbor.

The general rule is that tree limbs that fall on your property are your responsibility, and any damage is on you (or your insurer). The exception is if the tree or limb was known by the tree's owner to be at risk of falling because, for example, it was dead or dying.

[John Se]

then its their problem to fight about it

[Cedrus]

I would not file a claim with your H/O insurance. Could mean an increase in your premium. Even if you informally talk to your agent, they could make notes in your file.

Can you fix the fence on your own and toss the limb over onto your neighbor's side?

You need to take pics of the limb and the tree. Use a zoom lens to focus on the broken area. Look for disease. Does the tree look healthy? Carefully look at the limb on your side for disease, rot, beetles, etc. and take pics.

However, homeowners are not expected to be an expert in tree health or even to routinely inspect their trees. You have to prove the neighbor knew the tree had decay or disease. You have to prove negligence.

BTW are you in a city or rural area?

[justalayman]

Originally Posted by Cedrus

Can you fix the fence on your own and toss the limb over onto your neighbor's side?

whatever fell on the OP's side is now the property of the OP. Throwing his limb on to the neighbors property would not be a good idea.

[Cedrus]

j man:

So if the emergency brake on your car failed and it traveled thru your neighbor's fence onto his property, than he owns your car?

[justalayman]

Originally Posted by Cedrus

j man:

So if the emergency brake on your car failed and it traveled thru your neighbor's fence onto his property, than he owns your car?

If you want to try to claim it was an act of God I suppose you could try.


As we have seen in this thread, there is a difference between an act of God an an act of negligence. With the negligent act, the owner of the tree would be liable for the fence and the clean up. With an act of God, we can look at it as it was no fault of the tree owner and as a gift of his kindness, the neighbor was presented with a gift of free firewood from God

[drewguy]

Originally Posted by Cedrus

j man:

So if the emergency brake on your car failed and it traveled thru your neighbor's fence onto his property, than he owns your car?

The stated rule relates to trees not cars. It may not have been artfully stated, but it's accurate.

(Although there may be some exception for fruit and nut-producing trees, where the tree owner can collect fruit falling on someone else's property--I forget).

[Banned_Princess]

Tree falls and damages your property it is your problem.

You could claim it on your homeowners policy, but be prepared to pay your deductible. (it might not even pay to put the claim in because your deductible covers it.)

In short. remove the tree and fix your fence.