Tree in neighbors' property fell on my fence

[dhead19027]

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

A tree located on property owned by my local township fell onto my property and damaged my fence. A person at the township told me that the township would clean-up any debris, but property damage would be my responsibility through my homeowner's insurance. Should the township be responsible for damage to my property caused by the tree on the township's property or do I have to absorb the cost?

 

[drewguy]

The usual rule is that you bear the cost. The exception is if the tree owner knew it was hazardous and likely to fall and cause damage, but failed to remove or trim the tree.

So you're already in tough shape. Add in the difficulty of showing that the town knew, plus possible rules of immunity for the town and you're going to have a hard row to hoe. I would graciously accept their offer to clean up the debris, which legally they're also not responsible for (for the same reasons), and either look to insurance or your rainy day fund to repair the fence.

 

[HomeGuru]

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

A tree located on property owned by my local township fell onto my property and damaged my fence. A person at the township told me that the township would clean-up any debris, but property damage would be my responsibility through my homeowner's insurance. Should the township be responsible for damage to my property caused by the tree on the township's property or do I have to absorb the cost?

**A: I am sure that your insurance agent has an answer based on similar circumstances.