if a tree on my property blows over in a hurricane

[bluecollar2]

And falls on to your property...

Is it my responsibility to clean it up or is it your problem covered by your homeowner's insurance?

I'm curious as to what you all think

13 votes, 0 passes | Time left: Unlimited
	Owner of the tree is responsible
	9 (69%)
	Owner of the affected property is responsible
	2 (15%)
	other
	2 (15%)
	0 DU members did not wish to select any of the options provided.
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[RainCaster]

1. Both insurance companies try to weasel out of paying

They will spend lots of moolah on lawyers, and none on laborers.

[Purveyor]

2. Unless the tree was an obvious hazard and noted, property owner that the tree fell upon

is responsible for cleanup and damages. In Michigan at least...

[Hassin Bin Sober]

4. That's how it is in Illinois too.

[DrDan]

19. yep - Florida also

[HAB911]

23. It is God's fault (Act of God)

if it falls on you, it's your responsibility

However, I would feel responsible and would help if the tree was mine

[bluecollar2]

3. let's juice this up...I don't have insurance...

It's a property that used to be a nursery...I bought it and had it re-zoned from agricultural to residential.

I'm going to put $350,000.00 houses on it at 3 per acre.

I'm claiming the trees are "debris"

I have done no maintenance on the property since I bought it

[NutmegYankee]

5. If the tree wasn't diseased, it will be under the Act of God provisions of the contract.

In such a case, the owner of the tree isn't liable and insurance would defend in a lawsuit. However, the insurance of the person whose yard the tree fell on will also deny the claim unless it damaged a covered structure. In such a scenario, it's best to have a chainsaw party.

[Purveyor]

6. Nailed it!!! Verdict has been rendered, indeed. nt

[lastlib]

20. it's an act of God, so God should pay for the damage.

[ileus]

22. See closest church to the property for payment.

They'll pull it out of his slush fund.

[jberryhill]

24. That's a great idea

You know, the next time I suffer a loss from an Act of God, I just might do that.

[JenniferJuniper]

7. "Good neighbor" coverage can be found on

most homeowners policies. It's described in this link. The coverage is usually fairly limited- 1 to 5k at most.

http://ezinearticles.com/?Homeowners-Insurance-Options---What-is-Good-Neighbor-Property-Damage?&id=4284514

[Doodley]

8. Partly depends on local/state tree laws. If, for example, the tree

is visibly dying (has a hollow or rot, or has no leaves in summer) it is your responsibility, and your neighbor could sue you. If it is an act of God (a random event not resulting from your negligence or inaction), usually the insurance company of your neighbor will pay to remove it. However, best to be a good neighbor and help them if you can.

[bluecollar2]

9. I forgot to add

That I tried to buy the neighbors property but she didn't want to sell....

Oh and I haven't kept my property up to code since I bought it...

Still not my problem?

[TexasBushwhacker]

14. Regardless of what the law days

Why not be a mensch and clean up your fallen tree? Your neighbor already has the inconvenience of it falling on her property. If you have the money to buy her property you certainly have the money to get the mess cleaned up.

[pnwmom]

10. I always assume I'll have to be responsible, whether it's my tree or their tree. n/t

[murielm99]

13. Me too.

We happen to have a pretty nice neighbor.

I live in the country, and he farms the property adjacent to ours. I have a feeling that if our tree fell on his property, we would be out there cleaning up together. And if he needed firewood, or knew someone who needed it, he could help himself.

We did have a large, diseased tree removed a couple of years ago. It was very close to his property. I was worried that if it fell, someone would be killed.

[NutmegYankee]

18. When a tree comes down around me it's a neighborhood event.

People run over to clear the tree for the free firewood. The brush can be hauled to the dump for mulch production, burned, or just hire a tree company to shred it.

[Historic NY]

11. Do you like your neighbor?

[bluecollar2]

12. not really...I just want her to sell me her property

[Lint Head]

15. There is actually case law for this . Can't quote exact source but

have been told by several lawyers and a judge. Example would be if an apple fell from a tree onto your property, you own the apple. Limb. Tree etc.
Now. If a tree from someone else's property falls and damages your house you own the tree and your insurance should pay the damages. But I think it could be contested that the original owner of the tree may be responsible.

[bluecollar2]

16. I would assume that since the trees

Were deliberately planted along the fence line and since I neglected them and since it looks like I am in violation of several municipal ordinances that it would be my responsibility...

But hey...

No lawyer is going to take my neighbors case.

[KY_EnviroGuy]

17. In general, in my state...

The portion of the three that's on your property and associated damages is your responsibility and the portion that's on the other guy's side of the property line is his. In turn, depending on your policy, your insurance would potentially cover your damages, and the other guy's insurance would cover his damages. Not sure, but I think that it's only when your house is in danger of further damage (water, etc.), that insurance would help pay for removal.

Homeowner's insurance covers damage to house and landscaping and auto insurance covers damage to vehicles, and deductibles usually apply. For example, a tree limb from a neighbor's tree fell on my car years ago and would have cost around $600 to repair like-new. However, there was a $500 deductible and since the damage was cosmetic, we just let it go.

[burnbaby]

21. Yes

According to my insurance company