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Katrina Knocked down tree on neighbo'rs fence. Who pays?

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Junior Member
What is the name of your state? Florida, Miami-Dade County

Hurricane Katrina knocked down my otherwise perfectly stable mango tree, which landed on top of my neighbor's fence, knocking it down. My insurance will not cover it because it is not my fence. This has happened to many people I know, and they have agreements with their neighbors to split the repairs 50-50. But my neighbor is being uncooperative and wants me to pay for the repairs 100%. Since it was an "Act of God" (as the insurance people say), and not due to my negligence, am I legally responsible for my neighbor's fence?


It's your neighbor's responsibility.

From all I have read on this forum and from my own personal experience, the replacement of the fence is your neighbor's problem. Without knowledge of the laws in your state, or the insurance policy of your neighbor, my assumption is that the neighbor's home owner's insurance will pay for removing the tree from his fence and replacement of all or part of the fence, less the deductible. He may have already received an insurance company check????????????????????

In a recent storm in my home state[TN], eighty percent of my rear line fence was destroyed by trees falling from my neighbor's property. There were three fences, wood, cyclone, wood along this line with the cyclone and one of the wood fences belonging to my neighbor. My insurance company kindly made an allowance for tree removal from my yard as the utility right of way contractors had removed the trees from the fence. My insurance company did not have to make this allowance. In addition, my insurance company paid for removal of the remains of my wooden fence and replacement with a new rear line fence. The neighbor's insurance company paid for removal of his fences and replacement with one wooden fence. No one really cared about the cyclone fence in the middle.

My neighbor and I elected to erect one fence while equally sharing the cost of one fence. He kindly allowed me to have the good side of the fence which I do not believe he had to do.

Maybe your neighbor is just trying to save the deductible and I still wonder if he plans to just pocket an insurance check from his insurance company.
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