Your Tree Falls on a Neighbor's Shed

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Of course that would have been an interesting case too if it fell. Suppose you had never noticed it but he had and never complained to you.... that is why we have a court system.
wrote:

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On Thu, 08 Jul 2004 18:39:24 GMT, "Art"

Exactly.
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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Dave wrote:

Hmm. I think it depends on how well you and your neighbor get along. #1 is a problem, because many homeowners are finding that just a single claim (or even the suggestion of a hint of a threat of a possibility of a tentative exploration of a claim, e.g. calling the 800 line) can get them dropped.
If the damage is not too great ask your neighbor if you can make him whole without paperwork.
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Even if it is a lot of damage, it's a case of reaching into one's pocketbook enough to fix the problem.
Banty
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If no one was there, did it make a sound?
Dave wrote:

If the tree was healthy and you did nothing to cause the tree to fall, the neighbor should file an insurance claim with his own policy, not yours.
Depending on your relationship with the neighbor, you might offer to help remove the debris, or offer to pay his deductable.
Best regards, Bob
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Unless you were somehow negligent (ignored that it was rotted out...) it is not your problem. Your neighbor should take it up with his insurance company.
If you have the skills and the time it would be very neighborly to do the repairs and save them the hassle, but it certainly is not necessary; that is why they have insurance.
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On 7 Jul 2004 11:23:02 -0700, galt snipped-for-privacy@hotmail.com (Dave) wrote:

Depends. My deductible is $1000 so if I could repair the damage for less than that, I would. If the neighbor is angry or won't agree to a repair, I'd call the insurance agent.
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On 7 Jul 2004 11:23:02 -0700, galt snipped-for-privacy@hotmail.com (Dave) wrote:

None of the above. It's your neighbor's problem. Happened to me -- my neighbor's tree branch fell on my garage. But my insurance company paid for the repair. My neighbor was nice enough to split the deductible, although he was not obligated to do so.
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On 7 Jul 2004 11:23:02 -0700, galt snipped-for-privacy@hotmail.com (Dave) wrote:

First. Apologize. Then call your insurance company. I would not recommend that you do the repair yourself (unless that is your line of work).
NEVER FORGET!!! http://www.cnn.com/interactive/us/0109/missing/files/toyen.amy.html
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(Dave) wrote:

Good example of how to get yourself into legal trouble without knowing what you are doing. In most cases, if a tree falls as in this case, the guy has no legal liability, because it's considered an act of nature or act of god. But, going over and talking to someone and saying something stupid before talking to your insurance company or lawyer os that you know the rules, can change that.

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Wrong questions get wrong answers. It isn't your tree that fell. It was your tree to the adjacent property line, then it became your neighbor's tree. So as other posters have indicated, you have zero liability unless the tree were to be in readily apparent diseased or dead condition. If all the limbs were bearing foilage, no apparent splits in the trunk, no routine dropping of limbs, etc., the answers to questions #1 is "no", #2 is "no", #3 is "no"

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On Wed, 7 Jul 2004 19:20:29 -0400, "Michael Baugh"

That's incorrect also.
Its still his tree. The neighbor has no right to the wood. The tree owner can claim...and harvest...the wood if he so desires.
Have a nice week...
Trent
What do you call a smart blonde? A golden retriever.
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Sorry but owner of the wood would depend on what state you are in. There is no federal tree falling statute which overrides state laws..... yet.
wrote:

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On Thu, 08 Jul 2004 02:41:46 GMT, "Art"
Sorry...yer wrong.
Have a nice week...
Trent
What do you call a smart blonde? A golden retriever.
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wrote:

My wife, an insuance agent in our state sez you are wrong.
If the tree falls on it's own (not dead) and lands on the neighbors anything, the part that is on their side of the property line is theirs, including the damage. It is then their problem to get the mess cleaned up and the damages are their responsibility.
That doesn't mean they can't sue you, though.
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wrote:

Yer wife is wrong. You don't get ownership just because of an involuntary transfer of location.
If the wind blows over my black walnut tree worth thousands of dollars, it doesn't become the property of the neighbor...and give him a monetary windfall (sorry! lol) just because of an act of God (nature).
People who are involved in tornados don't loose ownership just because their property is now scattered down the street.
Respectfully...yer wife is wrong.
Have a nice week...
Trent
What do you call a smart blonde? A golden retriever.
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No, she's not wrong.
wrote:

up
But wait....

Actually it becomes the property of your neighbor. 99% of the people out there would let you take the remains of the tree, reagrdless of what kind of wood it is.
Keep going.

Trees are not personal property, like the contents of your house. I have never seen a person dig up a tree and move it to thier new house, but I see people moving personal property all the time.

Nope, you are.
End of discussion. I know you are the type of smug idiot that thinks s/he is always correct. I know the laws of my state by default (helping my wife study for the agents license). If I was going to continue this discussion, my next question to you would be what state do you live in and what do you do for a living. It sure ain't insurance.
I will no longer participate in this discussion.
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Trees are an interesting case. Suppose someone accidentally chops down a bunch of trees in your yard causing a devaluation of your home. In some US states you could sue for the depreciation caused by the loss of the trees. In other states you can only sue for the lumber value.
wrote:

theirs,
of
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wife
discussion,
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US
That brings something else to mind. Somewhere, a while back, I remember reading the if a 'mature' tree dies in your (front?) yard, you could collect insuance money for it.
If someone came onto my property (not the right of way) and cut down a bunch of trees, depreciation would be the last thing on my mind.
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