Am I responsible?

[O'ReillyJay]

What is the name of your state?New York

During a recent Thunderstorm a tree on our property was hit by Lightning and caused some damage to a neighbors fence along the property line. Now they want us to pay for repairs, I was under the impression this was "an act of God" and therefore we are responsible for damage on our side of fence, and they are responsible for damage on their side. The fence is actually on their property, about a foot or two on their side of the property line.

Any help at all, whether I am wrong or right is greatly appreciated

 

[pojo2]

Kind of depends on them proving the tree was a dead and decaying accident ready to happen and you took no steps to make sure this did not happen in a storm. A direct hit by lightening is not your fault.

Don't think you have any obligation but I guess I would help them out with the cost just to keep the neighborhood friendly. That is not a legal opinion just a kind of friendly thing to do.

 

[O'ReillyJay]

Thank you for taking the time to respond to my question. The tree was alive and doing very well before storm. I also agree with the friendly neighbor angle. I dont mind paying for all tree removal costs, but I feel the fence repair is up to them. Thanks again.