Yet another tree question - complicated

[kalli007]

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

Hello! I have a tree/damage question which is somewhat complicated. A few months ago I bought this house, unfortunately we took a direct hit from Hurricane Ike last month. Well my neighbors huge Elm tree fell into my backyard, crushing fence and damaging my home. I immediately filed an Ins claim, neighbor is living on fixed income and says she has no insurance.

Since there was obvious roof damage to my home, and with approval from my Ins Co, i immediately began cutting the tree off my roof. We got the roof patched but there is serious structural damage. As I understand it, the damage is my responsibility , and I have no problem with that. After 3 weeks I finally got someone over to remove what was left of the tree, about 20ft of the base which was too thick for my cheapo chainsaw. The guy cleared the tree while I was at work, and when I got home my neighbor was at my doorstep complaining that I told the guy to leave some of the tree in her yard. I go to the back and he left maybe 6 ft of her tree in her yard, the rest is piled up at my driveway. She is telling me that I told him to do this and she called the judge..yada yada yada.

Now, I never told the guy to do this. From what I can gather is that this remaining 6ft of tree was too large for them to carry - but I havent talked to him yet.

But, in several conversations she has told me that the reason the tree fell is because it had no root growth due to the previous owners of my home - that they let their washer drain into the yard. Whatever. The tree is obviously rotted. But she is telling me that she was aware that the tree was in bad shape prior to the storm.

I do not wish to make her pay for any damage to my home or clearing of my yard, I fell that it is my home and me and my Ins will cover it. However I do not feel that I should have to pay to get the remains of her tree cleared out of her yard, especially when she is telling me that this tree was already unstable.

[seniorjudge]

Did you have a question?

[kalli007]

Yes, she is stating that I am responsible for getting the remainder of this tree out of her yard, since it fell into mine. I dont think that I am - but clearly what I think and what is law are not always one and the same.

[seniorjudge]

Originally Posted by kalli007

Yes, she is stating that I am responsible for getting the remainder of this tree out of her yard, since it fell into mine. I dont think that I am - but clearly what I think and what is law are not always one and the same.

Did you have a question?

[kalli007]

Am I responsible for getting her tree out of her yard? Since it fell over into my yard during Ike?

[seniorjudge]

Originally Posted by kalli007

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Am I responsible for getting her tree out of her yard?
...

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No
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[JustAPal00]

Originally Posted by kalli007

Am I responsible for getting her tree out of her yard? Since it fell over into my yard during Ike?

No that would be her responsibility, but you did her no favors by not making her pay for the damage to your property, because that was your responsibility!