I was struggling for a topic to write my blog about this month. I do not know why, but I was, and I made the mistake of reaching out to friends on social media to generate ideas. This led to an avalanche of suggestions, many friends in the insurance industry that are obviously tired of hearing the same questions again and again.
One suggestion seemed particularly timely this week we crawled under a pile of claims related to the recent ice storms in the Southeast. An old school friend asked, "If a tree falls in the yard of your neighbor damage your fence, why is it not their responsibility to cover damage"
The answer in one word? : because generally it is not their fault tree fell Stop for a minute and look at the tree and your closing chances are, the tree has been there longer and when you have decided.. set up this fence, you prepare the ground for the tree to fall on it. Now I know that the tree was not as great when you put up the fence, and he was able to look far enough, but the trees are known to fall when the wind blows, or when they are heavily loaded with ice. If the tree was healthy and there was no danger of falling on its own (ie missing the influence climatic conditions outside the norm), there was no negligence on the part of your neighbor and no liability for damage caused when the tree fell. This is a generalization, so always check with the local authorities in case of questions.
Although the situation of a healthy tree falls during a storm is the one we see most often, sometimes, circumstances could be reversed and means responsibility from the owner tree. If a tree is sick or dead, ordinary weather (and sometimes just gravity) can bring the tree. In these cases, if the owner was aware of the danger posed by this diseased tree, he or she could be liable for damages when the tree falls. We recommend sending a letter to the owner of a neighboring property if you suspect one of their trees are dead or dying and is in danger of damaging your property or injury should someone fall. Save a copy of the letter received with the certified mailing in case something happens. You can document this with photographs. Many times the responsibility is denied when the tree in question was in the back of a lot and the owner said they did not know he was dying or that there was a danger. Your documentation contrary could be the difference between paying to repair your fence (or car or on the roof) out-of-pocket or have your neighbor (or its insurer) take care of the situation.
Most people want to be good neighbors and will often face the situation if you mention them in conversation, but to truly yourself and your assets to protect, it is always best follow the conversation with a friendly request they remove the tree.
Have you had a case where the shaft of your neighbor fell on your property, or vice versa, when one of your trees fell on them? Share your story below!
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