Who's liability is it?

[ChicagoGirl82]

Our neighbor has a tree on their property that is dead. Every time we have any type of storm it drops huge branches in our yard. Not a big deal we just clean them up. My concern is if this thing comes down and destroys something on my property who's home owners ins. is responsible. I've been told both ways. I feel it is theirs. It's their tree they should have it taken down or deal with the consequence.

 

[lovinmaryland]

Our neighbor has a tree on their property that is dead. Every time we have any type of storm it drops huge branches in our yard. Not a big deal we just clean them up. My concern is if this thing comes down and destroys something on my property who's home owners ins. is responsible. I've been told both ways. I feel it is theirs. It's their tree they should have it taken down or deal with the consequence.

If it falls on your house you insurance will cover the damages and you will be subject to your deductible... however they may subrogate against your neighbor for the cost of the repairs and your deductible.

 

[ChicagoGirl82]

See I don't think our insurance should have to worry about it. It's not our tree. That stinks.

 

[Tilted]

Our neighbor has a tree on their property that is dead. Every time we have any type of storm it drops huge branches in our yard. Not a big deal we just clean them up. My concern is if this thing comes down and destroys something on my property who's home owners ins. is responsible. I've been told both ways. I feel it is theirs. It's their tree they should have it taken down or deal with the consequence.

You should write them a letter putting them on notice that their tree poses a risk to your property and advising them to take appropriate action to mitigate that risk. You'll be in better legal position should you incur property damages.

 

[RareBreed]

If it falls on your house you insurance will cover the damages and you will be subject to your deductible... however they may subrogate against your neighbor for the cost of the repairs and your deductible.

Alot of people learned that lesson the hard way when Hurricaine Isabella rolled through years ago.

 

[kom526]

You should call the customer service line of your insurance company and ask them. I bet they can tell you the answer you need.

 

[ChicagoGirl82]

You should write them a letter putting them on notice that their tree poses a risk to your property and advising them to take appropriate action to mitigate that risk. You'll be in better legal position should you incur property damages.

My husband was going to go over there and talk to them but putting it in writing is better.

 

[Tilted]

My husband was going to go over there and talk to them but putting it in writing is better.

Yeah, the issue is whether or not their conduct was negligent. If the tree is unhealthy, and likely to cause damage in the event of a storm, then they have a responsibility to take action to mitigate that risk. If it's a perfectly healthy, normal tree, and through some 'Act of God' causes damage, then they are likely not liable.

Negligence is often a tricky legal issue to decide, but the basic question is - did they take reasonable care, given the circumstances?

 

[aps45819]

See I don't think our insurance should have to worry about it. It's not our tree. That stinks.

If it's laying on your property, it's your tree.

 

[jsouthan]

My husband was going to go over there and talk to them but putting it in writing is better.

To completely CYA you should also have it delivered certified mail, so that they can't say they never received it.

 

[PrepH4U]

To completely CYA you should also have it delivered certified mail, so that they can't say they never received it.

Oh yeah and don't forget to have a notary witness two signatures!

 

[DEEKAYPEE8569]

Our neighbor has a tree on their property that is dead. Every time we have any type of storm it drops huge branches in our yard. Not a big deal we just clean them up. My concern is if this thing comes down and destroys something on my property who's home owners ins. is responsible. I've been told both ways. I feel it is theirs. It's their tree they should have it taken down or deal with the consequence.

I have a similar situation. I have a pine tree on my property that is between MY and my neighbors' house. Since it is where it is it would have to be cut down from the top down; irrelevant to this post, sorry.

Anyway, the neighbors; a young couple with two children; get pine needles/cones and the occasional branch or limb in their yard. We have discussed the tree's existence and the possibility of large branches falling on and possibly damaging their house; which they have fixed up quite nicely.

"Well, that's why we pay insurance." "Don't worry about the tree." They're okay with it. So if something does fall out of my tree and damages their house, I guess we both leave it to our insurance companies to sort things out.

I have been in my house for about 13 years; my neighbors for about 12; and the tree is still standing, and so is their house. (Knock on wood)

 

[lovinmaryland]

To completely CYA you should also have it delivered certified mail, so that they can't say they never received it.

Oh yeah and don't forget to have a notary witness two signatures!

The letter is a nice touch but if the tree falls on her house her h/o will cover it. H/O insurance covers just that not trees, shrubs, plants, etc.

I dont see what the big deal is...that is why you have insurance to cover situations like this. Your company is not going to raise your rates through the roof for one claim. Now if you are constantly filing claims sure they may adjust your rates... but for one claim it is not likely.

 

[Kain99]

Do yourself a favor and offer to help your neighbor cut the tree down.

 

[Tilted]

I have a similar situation. I have a pine tree on my property that is between MY and my neighbors' house. Since it is where it is it would have to be cut down from the top down; irrelevant to this post, sorry.

Anyway, the neighbors; a young couple with two children; get pine needles/cones and the occasional branch or limb in their yard. We have discussed the tree's existence and the possibility of large branches falling on and possibly damaging their house; which they have fixed up quite nicely.

"Well, that's why we pay insurance." "Don't worry about the tree." They're okay with it. So if something does fall out of my tree and damages their house, I guess we both leave it to our insurance companies to sort things out.

I have been in my house for about 13 years; my neighbors for about 12; and the tree is still standing, and so is their house. (Knock on wood)

The problem for you is this: Even if their ambivalence about potential damage were to be construed as a waiver of any right to collect future damages, it might be that it is their insurance company that has a claim against you. They can't waive a third party's claim.

All that having been said, if the tree is in good shape, and damage isn't reasonably foreseeable, then it shouldn't matter anyway.

 

[BS Gal]

Do yourself a favor and offer to help your neighbor cut the tree down.

Offer to split the cost, even though it is their tree. Our neighbors have a tree that annoys me because it drops stuff in my pond, etc. I did talk to the neighbor and he doesn't mind if I get it cut down....course I would pay for it.

Despite the "whose insurance will cover it" debate, what a PITA it will be for your family if the tree does come down on your roof. Damages, inconvenience, heating bill from the hole until it is repaired, mess, etc.

I'd offer to split the cost with them if they refused to have it taken down and you are truly concerned.

 

[huntr1]

Had to research this when Isabel knocked a living tree down on my property and across the HOA stormwater pond and damaged the fence. I didn't want to pay for the repair.

If you can prove that they knew the tree was dead and failed to cut it down, it's their liability. If you can't, then it's yours.

Take a picture of the dead tree with a copy of the paper in front of it, then a closeup of the paper to show the date on it. Write a letter to your neighbor stating that they need to remove the dead tree as it is a hazard to your property, include a copy of the photos. Send it registered mail. Then mail yourself a copy of the same letter and pictures. Do not open the letter when you get it. You mailed it just for the postal mark with the date on it. Keep unopened letter and the registered mail receipt acknowldgement together for proof when/if tree falls on your property.

 

[DEEKAYPEE8569]

The problem for you is this: Even if their ambivalence about potential damage were to be construed as a waiver of any right to collect future damages, it might be that it is their insurance company that has a claim against you. They can't waive a third party's claim.
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Now you're talking in hypotheticals; 'if' and 'might be.'

Neither of our insurance companies has a claim against either of us.
If either of them did, one of us would have heard something.
Like I may or may not have said, we have lived next door to each other for about 12 years. One of us would have heard something by now.

All that having been said, if the tree is in good shape, and damage isn't reasonably foreseeable, then it shouldn't matter anyway.

It doesn't. If something unexpected happens we'll work it out.

 

[Tilted]

It doesn't. If something unexpected happens we'll work it out.

It probably is not an issue in your situation.

I'm merely pointing out that them saying, "Well, that's why we pay insurance", and "Don't worry about the tree", doesn't mean much. If they relied on their insurance to cover their damages, it would probably be their insurance company that had a potential claim against you.

I'm not saying you should be worried about it, or that you need to take some action to fix a problem. Just pointing out a simple reality of the law.