• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hurricane Isabel and Fallen Trees

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tckane

Guest
Hurricane Isabel and Fallen Trees
I live in Northern VA on two acres most of which is heavily wooeded. During Hurricane Isabel, two trees on my property were uprooted by the wind and a third tree on my neighbor's property was uprooted. It appears that the a tree on my property uprooted and fell into another tree on my property and then one on his, but this can not be proven for sure. The third tree in question appears to be on his property, but is very near the property line so I cannot be certain.

The third tree was held up by some smaller trees and never fell. It was leaning over the neighbors house, so I informed the people who rent the home that they might be in danger. They called the landlord who immediately wanted me to resolve the situation.

I was not sure how to proceed. I did not admit to any liability. He called a tree company to have all three trees cut up and the leaning tree knocked down and cut up. I was out of town so my proxy watched the work being performed and signed that it was complete, however, he made some type of note about not accepting any liability .

I am trying to get an estimate from the tree company as to how much it cost to cut up the two trees on my property and how much it cost to down and cut the tree on his property and have offerred to pay my fair share.

He says that I am responsible for moving all of the brush from his property from any of my trees that fell and wants me to pay either two thirds or all of the cutting bill and all of the removal cost.

I contacted my insurance company and they said it was an act of God. All trees were living and in good conditiion. The insurance company said that I am not responsible for his property and any of my trees on his property or paying for the removal of the debris because it was an act of nature.

The landlord said that he engaged an attorney and the lawyer said that I need to pay to have the debris moved and must do it immediately because one of the children living in the house may become injurered.

I do not believe this is my responsibiltiy or liability. Initially, I tried to resolve the situation in an friendly manner by offering to pay for half of the downing and cutting bill. I said nothing about removing debris. When he did not accept that offer, I called the tree company (who he engaged and they will not call me back) to try and determine how much was due for cutting the two trees on my property.

Help please. I am at risk or is this an act of God and his responsibiltiy. Thanks.
 


JETX

Senior Member
Unless the trees fell due to some negligence on your part (diseased or dead, weakening them and they fell due to that), you are NOT responsible for any damage done to the neighbor. You should pay the costs incurred for your trees being cut up but, based solely on the information in your post, are not liable for your neighbors costs or damages.
 
T

tckane

Guest
Thank you. If my tree fell both on my property and his, am I responsible for only removing the debris from my property and he is responsible for removing it from his?

Your replies are appreciated.
 

JETX

Senior Member
There is no legal requirement for you to ever remove your fallen trees from your property (except possible local zoning, etc. laws or ordinances).

As for YOUR trees on the neighbors property, the damage is an "Act of God" and you have no legal obligation to remove (or compensate your neighbor for removing) YOUR trees from his property. However, at the very least, you have a 'good neighbor' obligation to pay for the removal of your trees from his property.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top