Fallen tree

What is the name of your state? New York

During a recent storm my neighbors rotting tree fell and demolished part of my chain link fence. Is my neighbor legally responsibility to replace my fence and remove the tree?
If he is responsible must I sue him to do it if he refuses?
He also has other decaying trees close to my property line that I fear may fall some day. How can I get him to take those down before something happens again.
Is suing the only answer or can I get local authorities to do something about it.

[JETX]

"During a recent storm my neighbors rotting tree fell and demolished part of my chain link fence. Is my neighbor legally responsibility to replace my fence and remove the tree?"
*** If your neighbor knew that the tree was 'rotting' or damaged or diseased and was negligent in not removing the hazard prior to its falling, then he MAY be liable. However, if he did not have prior knowledge of the trees condition (and was therefore not negligent), then the tree falling would be an "Act of God" and he would not be liable.

"If he is responsible must I sue him to do it if he refuses?"
*** If he is responsible and you expect him to pay and he refused, yes.

"He also has other decaying trees close to my property line that I fear may fall some day. How can I get him to take those down before something happens again."
*** I would write him a very nice letter informing him that the trees are a hazard and ask him to make arrangements to remove the hazard. I would suggest you take pictures and possibly get a tree experts opinion to support your claim that they are decaying.

"Is suing the only answer or can I get local authorities to do something about it."
*** If your brother is the mayor, you might be able to get some pressure on him. Absent that, your only real recourse is litigation.

[HomeGuru]

Writer, what did your insurance agent advise you to do?

Did not go to insurance as I have a $500 deductible and dont feel that it would cost that much to rerpair fence and remove tree.
Main concern is to have neighbor remove other trees so this doesnt happen again. Neighbor is probably unaware this happened as it is at the end of his property and home is an acre away.

[HomeGuru]

Originally posted by Nick123
Did not go to insurance as I have a $500 deductible and dont feel that it would cost that much to rerpair fence and remove tree.
Main concern is to have neighbor remove other trees so this doesnt happen again. Neighbor is probably unaware this happened as it is at the end of his property and home is an acre away.

**A: I did not ask you if you filed a claim or not with your insurance company.

Then I dont know what the purpose would be to go to the insurance agent if one is not filing a claim.

[HomeGuru]

Originally posted by Nick123
Then I dont know what the purpose would be to go to the insurance agent if one is not filing a claim.

**A: well, maybe to obtain free advice from them like the reason you came to this website.

HomeGuru is right--you should talk to your insurance agent about it. And, you are supposed to report any damages to your home or property whether you file a claim or not. A disclosure thing.

[HomeGuru]

What homeowner would not want to get free advice from their insurance company?