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Started By
Message
My tree fell on my neighbors house
Posted on 5/1/16 at 9:06 pm
Posted on 5/1/16 at 9:06 pm
During the storm today at my house in Baton Rouge a large tree limb broke off my tree and struck my neighbors house. It appears that the only damage is to the gutters for the most part so the repair should be minimal. I spoke to a lawyer and my insurance agent and they both said his homeowners insurance is responsible for repairing the damage.
When I went over there to speak with him about it today it seemed like he was unaware of the law and thought I was responsible for compensating him for the damage. I really like my neighbor and don't want this to be a thing. How would you approach this? I'm getting a chainsaw tomorrow and getting everything cut up and hauled off. I wouldn't mind paying for half of his gutter just to keep the peace although I don't have to.
When I went over there to speak with him about it today it seemed like he was unaware of the law and thought I was responsible for compensating him for the damage. I really like my neighbor and don't want this to be a thing. How would you approach this? I'm getting a chainsaw tomorrow and getting everything cut up and hauled off. I wouldn't mind paying for half of his gutter just to keep the peace although I don't have to.
This post was edited on 5/1/16 at 9:07 pm
25
Posted on 5/1/16 at 9:08 pm to TitleistProV1X
quote:
My tree fall on my neighbors house
Posted on 5/1/16 at 9:09 pm to TitleistProV1X
Oh shite
This won't end well. My dad had something similar happen during Gustav and everyone ended up in court. Prayers sent.
This won't end well. My dad had something similar happen during Gustav and everyone ended up in court. Prayers sent.
Posted on 5/1/16 at 9:09 pm to soccerfüt
thats very nice of you to pay half, if he doesnt accept that then tell him to F off and you're paying for none of it and that it isnt your responsibility
Posted on 5/1/16 at 9:09 pm to TitleistProV1X
Give loescher v Parr a read
Posted on 5/1/16 at 9:09 pm to TitleistProV1X
quote:
his homeowners insurance is responsible for repairing the damage.
Seems pretty simple then
Posted on 5/1/16 at 9:10 pm to TitleistProV1X
Was the tree encroaching, or did the limb blow from your property to his?
Posted on 5/1/16 at 9:10 pm to TitleistProV1X
If the tree was alive, it is his insurance that has to pick up the tab. If it was dead, then you could be responsible.
Hey, shite happens, he shouldn't hold any grudges. He's probably enjoyed the shade of your tree over the years, yet didn't "compensate" you for it, so I'd let it go.
Now helping him with some of the labor is being a good neighbor.
Hey, shite happens, he shouldn't hold any grudges. He's probably enjoyed the shade of your tree over the years, yet didn't "compensate" you for it, so I'd let it go.
Now helping him with some of the labor is being a good neighbor.
Posted on 5/1/16 at 9:12 pm to TitleistProV1X
My brother had the same thing happen to him last year. Big arse limb fell off the neighbor's tree and busted his roof and loosened the bricks on his chimney. Neighbor said, "Sorry, but I'm not liable. Act of God." Brother understood and said "I got it." If my brother had told the neighbor about the hazard and neighbor did nothing, then the neighbor would have had to pay, is what brother's insurance told him.
Posted on 5/1/16 at 9:13 pm to TitleistProV1X
You are asking for trouble by injecting yourself into the situation.
If you want to be a really good neighbor and pay for something that is NOT YOUR RESPONSIBILITY to pay, have your neighbor hire an insured and licensed tree service to remove it and reimburse the neighbor for the tree service. Do the same dynamic with the gutter/home repairs.
Do not do any of it yourself or contract with anyone directly. If the contractors mess up, you would then be in the equation.
My advice is to let his insurance company do what they are obliged to do, it's their responsibility, not yours.
If you want to be a really good neighbor and pay for something that is NOT YOUR RESPONSIBILITY to pay, have your neighbor hire an insured and licensed tree service to remove it and reimburse the neighbor for the tree service. Do the same dynamic with the gutter/home repairs.
Do not do any of it yourself or contract with anyone directly. If the contractors mess up, you would then be in the equation.
My advice is to let his insurance company do what they are obliged to do, it's their responsibility, not yours.
This post was edited on 5/1/16 at 9:15 pm
Posted on 5/1/16 at 9:14 pm to TitleistProV1X
I'd start by telling him you will follow the law. And he should check with his insurance tomorrow since they are familiar with the law.
Afterwards, if it makes you feel better, tell him you will pay for part or all of his deductible.
I've been through this same situation from both sides. Unless the tree was dead and you knew it was a safety hazard, wherever a tree falls is who absorbs the loss because it is an act of god and not your fault.
Afterwards, if it makes you feel better, tell him you will pay for part or all of his deductible.
I've been through this same situation from both sides. Unless the tree was dead and you knew it was a safety hazard, wherever a tree falls is who absorbs the loss because it is an act of god and not your fault.
Posted on 5/1/16 at 9:14 pm to TitleistProV1X
I have had that before.... I paid their deductible.
Also, if the tree is dead and you make your neighbor aware of it.....then the owner of the tree is responsible.
Also, if the tree is dead and you make your neighbor aware of it.....then the owner of the tree is responsible.
Posted on 5/1/16 at 9:16 pm to East Coast Band
Tree is alive. It's probably about 30 years old and very large. The branches have been hanging over the property line ever since I bought the house and he's never trimmed the limbs to my knowledge. I understand his initial reaction to it thinking I would be responsible since its on my property but that's not how it works during a storm and when it's considered an act of God.
Posted on 5/1/16 at 9:18 pm to TitleistProV1X
Something like this is settled only by a round of fisticuffs.
No insurance required.
No insurance required.
Posted on 5/1/16 at 9:19 pm to TitleistProV1X
So long as you didn't neglect the tree then you are good. You're not supposed to be a pussy about your neighbors trees so the laws are set up to where who ever received the damage is responsible.
If it were a man-made structure then obviously that's a different story. If your neighbor wants to avoid this in the future then he can cut limbs that are encroaching on his property even without your permission or he can move to a shitty new neighborhood with no character and no trees.
If it were a man-made structure then obviously that's a different story. If your neighbor wants to avoid this in the future then he can cut limbs that are encroaching on his property even without your permission or he can move to a shitty new neighborhood with no character and no trees.
Posted on 5/1/16 at 9:19 pm to Nativebullet
I had a large oak tree at a rental property I own uprooted and blown over that totaled the house next door. I had the stuff on my side of the property line cut up and left the rest for him and his insurance company to deal with 
There is a three bedroom house under that tree somewhere.
There is a three bedroom house under that tree somewhere.
Posted on 5/1/16 at 9:20 pm to LSURussian
quote:
I've been through this same situation from bo
Same here.
[quote]Unless the tree was dead and you knew it was a safety hazard, wherever a tree falls is who absorbs the loss because it is an act of god and not your fault.
This is accurate.
Posted on 5/1/16 at 9:21 pm to shutterspeed
Posted on 5/1/16 at 9:23 pm to dabigfella
quote:
My tree fell on my neighbors house
thats very nice of you to pay half, if he doesnt accept that then tell him to F off and you're paying for none of it and that it isnt your responsibility
This.
Keep the peace. If he still jacks with you, let insurance hash it out.
Posted on 5/1/16 at 9:23 pm to dabigfella
quote:
thats very nice of you to pay half, if he doesnt accept that then tell him to F off and you're paying for none of it and that it isnt your responsibility
This is the correct answer you seek.
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