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My neighbor huge oak tree fell during a storm and destroyed my barn and about 50 feet of fence. The tree is still sitting right in the middle of it! He is liable correct?
by Alty on January 27th, 2012
Seems like everyone is on the fence about this. It really does depend on where you live, and what your insurance covers. This is not your neighbors fault, even though it is his tree. If he cut down the tree and it fell on your house, then he'd be liable. But, he didn't do anything to the tree, a storm did. As stated, this is an act of God, and your insurance should cover it. The most you can hope for is that your neighbor agrees to pay the deductible, but he doesn't have to. It would just be a good will gesture on his part if he does.
by Hardcore Conservative on January 27th, 2012
It depends.
If you've notified him before that the tree was a hazard, then his insurance would pay.
If you didn't, then your insurance will pay out, after you pay your deductible.
by knowwereman222 on January 27th, 2012
No the neighbor is not liable it would be considered an act of God. You can collect on your homeowners policy
by cloudman on January 27th, 2012
From what I understand (I live in hurricane country) your neighbor is not liable if it's an "act of God" even though it was his tree). Just as when my house was totaled in hurricane Andrew, the most severe damage was from debris flying off of my neighbors' houses (according to the insurance adjuster - and I agree). I was prepared with doors braced and protective covering over all of our windows. In fact, only one window broke and that was just a crack. But a tremendous amount of structural damage was done mostly to the roof by flying debris originating outside my property. My neighbors were not liable. But, in my case it would have been difficult to trace the origin of all of the outside debris that piled up at my house. You don't have that problem because you know the source of your damage. It's a damned shame if your neighbor has not had a civil discussion with you about the issue.
by Erin on January 27th, 2012
It might be considered an act of god. Your insurance should pick up the cost
by Bornabrit on January 27th, 2012
you and your insurance company..:-(
by BabyRottie on January 27th, 2012
Your neighbor is liable because the tree is his property.
by N'anderthal on January 27th, 2012
Who do you think?
by Smar Talic on January 27th, 2012
Yes he is liable, through his insurance. Or not.
by Buck Swazy on January 27th, 2012
your neighbor
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Comments
Very good answer.
by cloudman on January 27th, 2012