Neighbors tree fell on my property!

[dejuana01]

What is the name of your state? DC
Hello,
A few weeks back my (2 houses down) neighbors tree fell from his yard into my yard and the yard of my other neighbor. He has not said anything to us, however he did tell the other neighbor to file her homeowners insurance. The thing with this is that he had a company come and cut down the tree from our properties, however he "left" the mess in our yards, only to have the company clean his yard. We do not feel as if we should have to take care of this, since this is his tree. They came in our yard without our permission to cut down his tree and then left it! Why shoud we have to make a claim on our home owners insurance? Isn't he at fault and should have had the company to clear the tree from our yard too? We need legal advice before we confront him, as we think this will get ugly!
Help!
DeJuana G. What is the name of your state?

 

[Betty]

What is the name of your state? DC
Hello,
A few weeks back my (2 houses down) neighbors tree fell from his yard into my yard and the yard of my other neighbor. He has not said anything to us, however he did tell the other neighbor to file her homeowners insurance. The thing with this is that he had a company come and cut down the tree from our properties, however he "left" the mess in our yards, only to have the company clean his yard. We do not feel as if we should have to take care of this, since this is his tree. They came in our yard without our permission to cut down his tree and then left it! Why shoud we have to make a claim on our home owners insurance? Isn't he at fault and should have had the company to clear the tree from our yard too? We need legal advice before we confront him, as we think this will get ugly!
Help!
DeJuana G. What is the name of your state?

Of course, all states are different but normally if a neighbor's tree falls into your yard you are responsible for any damages & need to contact your homeowner's ins. company. However, if the tree was "in bad shape" (dead or dying), & it fell into your yard, the neighbor would be responsible for damages.

 

[wdlugitch]

It was his tree, and I believe he should have cleaned it up. Do you have any idea why it fell? If it was diseased, or dead, and he knew or reasonably should have known that and removed it before it fell, I believe he would be responsible for any damage it did. HIS homeowners insurance would pay for anything he is legally liable for here.

 

[moburkes]

If it was diseased, or dead, and he knew or reasonably should have known that and removed it before it fell, I believe he would be responsible for any damage it did. HIS homeowners insurance would pay for anything he is legally liable for here.

HIS hoemowners insurance will only pay for picking up the tree in the above instance.

If the leaves from his tree fell off, and blew into your yard, is he responsible for the clean up as well? NO. Although the actual situation seems more extreme, the result is still the same. You make the claim under your own HO insurance policy, or you pay for the clean up yourself.

You can also post an add on freecycle or craigslist for free firewood.

 

[dejuana01]

Neighbors Tree fell in my yard!

Of course, all states are different but normally if a neighbor's tree falls into your yard you are responsible for any damages & need to contact your homeowner's ins. company. However, if the tree was "in bad shape" (dead or dying), & it fell into your yard, the neighbor would be responsible for damages.

Thanks for your reply. We do not know whether or not the tree was dead or diseased, only that we had a storm to come by from the hurricane coming up the coast including DC and we heard a crackling noise and looked outside and saw the root of the tree pulled outside of the ground and it fell in the next door neighbors yard and the top of the tree fell in our yard, taking down lines from the pole. My other neighbor ( the one who recieved the bulk of the tree) spoke to our neighbor about the clean up and his reply was "file your homrowners insurance!" We wanted to know our rights or the law around this before we confront our neighbor about his tree.

 

[moburkes]

Thanks for your reply. We do not know whether or not the tree was dead or diseased, only that we had a storm to come by from the hurricane coming up the coast including DC and we heard a crackling noise and looked outside and saw the root of the tree pulled outside of the ground and it fell in the next door neighbors yard and the top of the tree fell in our yard, taking down lines from the pole. My other neighbor ( the one who recieved the bulk of the tree) spoke to our neighbor about the clean up and his reply was "file your homrowners insurance!" We wanted to know our rights or the law around this before we confront our neighbor about his tree.

Now that you've provided an even more detailed explanation, acts of nature are no one's fault. Again, you will need to file with your carrier.

 

[dejuana01]

Reply to Neighbors tree fell in my yard!

It was his tree, and I believe he should have cleaned it up. Do you have any idea why it fell? If it was diseased, or dead, and he knew or reasonably should have known that and removed it before it fell, I believe he would be responsible for any damage it did. HIS homeowners insurance would pay for anything he is legally liable for here.

Thanks for your reply. We do not know whether or not the tree was dead or diseased, only that we had a storm to come by from the hurricane coming up the coast including DC and we heard a crackling noise and looked outside and saw the root of the tree pulled outside of the ground and it fell in the next door neighbors yard and the top of the tree fell in our yard, taking down lines from the pole. My other neighbor ( the one who recieved the bulk of the tree) spoke to our neighbor about the clean up and his reply was "file your homrowners insurance!" We wanted to know our rights or the law around this before we confront our neighbor about his tree.

 

[dejuana01]

Reply to Neighbors tree fell in my yard!

HIS hoemowners insurance will only pay for picking up the tree in the above instance.

If the leaves from his tree fell off, and blew into your yard, is he responsible for the clean up as well? NO. Although the actual situation seems more extreme, the result is still the same. You make the claim under your own HO insurance policy, or you pay for the clean up yourself.

You can also post an add on freecycle or craigslist for free firewood.

--
Thanks for your reply. We do not know whether or not the tree was dead or diseased, only that we had a storm to come by from the hurricane coming up the coast including DC and we heard a crackling noise and looked outside and saw the root of the tree pulled outside of the ground and it fell in the next door neighbors yard and the top of the tree fell in our yard, taking down lines from the pole. My other neighbor ( the one who recieved the bulk of the tree) spoke to our neighbor about the clean up and his reply was "file your homrowners insurance!" We wanted to know our rights or the law around this before we confront our neighbor about his tree.

 

[dejuana01]

Reply to Neighbors tree fell in my yard!

Now that you've provided an even more detailed explanation, acts of nature are no one's fault. Again, you will need to file with your carrier.

Thanks for the information - we did not want to g over to our neighbors hose before knowing what to do. We still have to live next to this person!
Again thanks.

 

[tammy8]

I don't believe that your insurance would pay for it either, unless it actually hit your structure.

 

[Bodiddle]

Niotify your neighbor he has a bad tree in writing

I have a possible upcoming similar situation just waiting to happen .
Notify your neighbor nicely via registered letter your concerns he has a tree with a potential to cause your property damage. Being put on notice legally he is obliged to take steps to prevent that damage. Even if God then blows it over in your yard you have more recourse than your own home owners insurance.

Georgia

 

[Country Living]

I have a possible upcoming similar situation just waiting to happen .
Notify your neighbor nicely via registered letter your concerns he has a tree with a potential to cause your property damage. Being put on notice legally he is obliged to take steps to prevent that damage. Even if God then blows it over in your yard you have more recourse than your own home owners insurance.

Georgia

Did you even pay attention to the fact your were adding a comment to a post a more than a year and a half old????????

 

[moburkes]

Did you even pay attention to the fact your were adding a comment to a post a more than a year and a half old????????

He also gave inaccurate legal advice. So, he set up an account just to respond to an old thread and provide useless advice. Wonderful.

 

[Bodiddle]

It may have been an old post but it had info I wanted

Greetings:
Sure, I saw it was an old post, but it had good info and I wanted to learn how people came out. I didn't think I would find anything at all. What I see was everybody that got a tree in the yard from a neighbors property got mostly shafted.
And I did sign up to post the possible helpful hint on protecting one's rights should they ever get to this site - and be in a similar situation.
I was told the supposed legal premise some years ago and I believed it. It's about the same as formally informing a neighbor the open ground well on his property may cost a life of a child or dog one day. You can play dumb about a hazard but not if you were warned.

I also registered because I found here good information and it looks like a possible good site to look for other subject content.
Please forgive me for bringing on anyone's redneck . Seems like the old posts aren't that old at all. It's active again. The wind storms we are having may make this a hot subject.
This is a Monday and nothing else went bad except the response to my post.
Sorry about that! Peace?

Bodiddle

 

[moburkes]

For some reason, I have the feeling that I've been in this business longer than you have, and have been licensed to sell insurance longer than you have, in more states than you have, and have even helped with adjusting these types of claims.

What is your background and what is your proof?