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Old 09-17-2020, 12:12 AM   #11 (permalink)
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This is something Iím going thru also kind of except I am the neighbor and no damage has been done yet. Iím worried about a tree leaning and if more high winds come Iím worried about it falling on neighbors vehicles. I rent so itís not MY responsibility but the rental companies. Iím only responsible for trimming limbs up to 5ft high. The rental company or the owner is responsible. Not the renter.


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Old 09-17-2020, 08:24 AM   #12 (permalink)
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You are responsible for your trees on your property. Their homeowners insurance should cover the costs to repair the fence.

Whatever happened to the day when we just took responsibility for our responsibilities? If I had a tree that fell and damaged a neighborís property I would be the proactive one to go make sure they were made whole. They wouldnít need to come ask me.
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Old 09-17-2020, 08:32 AM   #13 (permalink)
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Now days everyone is trying to get out of everything, it has been that way for years, ever since someone said that what happens is a act of God to keep from paying. I believe that it was a insurance company that came up with the phrase because of fires, earth quakes, hurricanes, and everything else that no one can really control.

I wouldn't be surprised that law schools actually had a class in "Acts of God"
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Old 09-17-2020, 10:21 AM   #14 (permalink)
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Quote:
Originally Posted by shaner View Post
Jerry,
I believe BAX is 100% correct and it were me I would go back and talk to the neighbor again truly believing what BAX said.
A tree causing damage and the owner of the tree being responsible is not unlike a boat owner being responsible for any wake damage from said boat.
I think you will see the slumlord pony up for the repair once he knows his bluff is called.
To be fair, I think the source he linked provides the opposite claim, ie the OP is the "neighbor" in this case. The link talks about lack of liability by the tree owner in wind storm related cases. If involving insurance it sounds like the homeowner affected, ie the OPs mother, would have to make a claim for her damaged property.

Quote:
When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature. For example, a healthy tree that falls over during a tornado, hurricane, wind storm or winter storm would not be the responsibility of the homeowner. Since the homeowner living on the property where the fallen tree was rooted did not intentionally push the tree over, nature is responsible. This means that the neighbor's insurance policy should cover it under perils.
Hence the ethics vs legal question. I think the tree owner would step in and offer 50% minimum. We don't know how much fence was affected but I'd actually probably talk to the OP's mother and just fix the fence myself if I was the tree owner and it was 1-3 panels.

Even if I was OP I'd ultimately just fix it myself if tree owner didn't step up to help in some fashion. But my deductible is $1k so going through insurance isn't viable for minor damage.
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Old 09-17-2020, 11:07 AM   #15 (permalink)
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I'm pretty sure that any insurance claim will ask the question of: was the tree maintained by the property owner?

If the tree was maintained, then insurance may accept the claim and cover damages. If the tree was not maintained, then the insurance may reject due to negligence on the property owner.


when I speak of being maintained, I mean that a professional tree care person, or arborist, has looked at the tree, possibly trimmed some branches, or given a recommendation to having the tree removed due to potential of blowing over in a wind storm....


So, a very important question for Jerry to consider is: was the tree showing any potential signs that it might be blown over in a wind strom?
Was the tree previously leaning towards your property?
Were there any dead branches?
Any other signs that the tree was possible in a state of decay?
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Last edited by PBH; 09-17-2020 at 11:12 AM.
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Old 09-17-2020, 12:32 PM   #16 (permalink)
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In my experience, this is going to turn out the opposite of what BAX and most people expect. The home owner (not the tree owner) is going to be responsible for whatever falls in his yard, regardless of where the tree came from.

(Don't be mad at me... I'm just the messenger.)

The good news is that tree fall damage is pretty much always covered by the home owner's insurance of wherever the tree landed. So the ethical thing to do might be to split the deductible.
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Old 09-17-2020, 12:47 PM   #17 (permalink)
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All very good points. The tree was a very healthy spruce. Spruce trees in southern Davis County are very susceptible to blow over with the east winds we get. Its not if but when they will blow over. All in all my mom is happy its not rubbing on her garage anymore.

I just find it funny how some people dodge responsibility. My mom first asked him about the situation and he started his chainsaw and ignored her so he didn't have to deal with her. Total lack of respect.

I was raised different. I would of had a conversation with my neighbor and said let me get the tree cleaned up and see what I need to do from there.
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Old 09-17-2020, 12:55 PM   #18 (permalink)
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If people took responsibility for their actions we wouldn't need lawyers and courts.

Your mom should file a claim and once the adjuster comes out to assess the damage she can decide if she wants to go thru with the claim or not- such as if the damage is enough to cover the expenses. A catastrophe such as the wind storm will not impact her rates individually.

The depreciation might negate any benefit from the ins co.

In the end- this link might be of value to the conversation. If he uses the fence, he must pay something.
https://www.outbackfencing.com/who-p...20construction.

..
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Old 09-17-2020, 12:57 PM   #19 (permalink)
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Quote:
Originally Posted by JerryH View Post
The tree was a very healthy spruce. Spruce trees in southern Davis County are very susceptible to blow over with the east winds we get. Its not if but when they will blow over.

Knowing this, would it not be "neglect" to allow your spruce tree to grow large enough to do damage to your neighbors property when it blows over?


(I honestly have no idea what I'm talking about. I did not sleep at a Holiday Inn last night. I'm just playing devil's advocate...)
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Old 09-17-2020, 01:58 PM   #20 (permalink)
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I am currently building a new home with a number of very large cottonwoods lining my property boundary. We have had many of those trees trimmed/removed from that boundary in fear that the wind could blow them over causing damage to the new building. However, the owner of the property adjacent to us has told us he doesn't want us doing any more cutting despite the fact that several of the trees are potential hazards. If one does blow over or fall and does cause damage, who would be liable? Every tree left starts across our boundary, but the branches certainly cross that boundary to our side.

Last edited by wyoming2utah; 09-17-2020 at 02:28 PM.
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