neighbor's tree fell, crushed my fence

[ldv3]

My neighbor's huge, half-dead tree fell over & crushed my cyclone fence. Estimates for fence repair & tree removal total $650. I don't have insurance - they refuse any help, even with chopping up the tree. The tree is still 1/2 rooted in their yard. Are they responsible or am I?

 

[JETX]

Did the neighbor have prior knowledge of the tree being 'damaged' ("half dead")?? If so, then he is very probably liable for his negligence in maintaining HIS tree (totally on his property).

I would get a couple of written estimates for repairing the fence and send them (certified RRR) with a letter asking that the neighbor contact you within 10 days to arrange for reimbursement of your damages. If he doesn't make payment, contact your local small claims court and file a complaint.

Note: how old was the fence??? If already needing repair, you probably won't get full replacement value of a new one.

Oh, BTW, be sure to get pictures starting NOW, while the tree is still there. They will help you in court, if needed.

 

[ldv3]

I've taken photos, gathered estimates. The fence is cyclone & there wasn't anything wrong with it before the tree smashed it. Absolutely my fence as they don't have but that one side. I just wasn't sure if the law was on my side or their's. I'm not sure if they knew the tree was 1/2 dead - it was pretty obvious tho. I'm trying to put the house up for sale - I need the fence fixed. I'd like to make sure the law is on my side before I pursue a small claim.