Neighbor wants me to pay for damage to house due to tree falling over during storm

[Masked Bandit]

Originally posted by spikerS


no, i am not taking neglect into account.

if your trampoline is in the back yard, and the wind flips it into your neighbours window, you will be on the hook for the window.

if something of yours breaks / damages the property of someone else, you are responsible to make them whole. either by fixing it, or paying for the damages.

Why should I have to pay for damage to my property, caused by your own?

It depends if you have taken reasonable steps to prevent it from flying away. If you have sandbags on the legs, I would say that's reasonable. If 180 KPH winds come along, a lot more shit than just the trampoline will be flying around and it's pretty much every man for himself.

[Mar]

If the branch was overhanging onto his property before it fell then it wasn't your branch that fell onto his house, it was his branch. Anything hanging over or extending onto your neighbour's property is your neighbour's property. So much so that if he doesn't like the branch of your tree hanging over his property line, he has the legal right to cut the branch off without consulting you. And you the same to him.

So his own branch fell into his house, that's not your problem. He should have investigated his property line and potential damages prior to this event.

[StreetRacerX]

The branch that fell has already been cleaned up, after taking another look at it it shouldn't be too hard to twist it to the point in which its straight, hammer out any dents and screw it back in place, neighbor agreed and I'm going to look after it this Saturday.

[D. Dub]

Good on you for taking the high road.

[Rocket1k78]

Not sure if its been stated yet but according to global news last night, any damage to vehicles or homes from trees is the responsibility of the person with the damage and not the owner of the tree.

Good on you for stepping up tho streetracerx.

[FraserB]

Originally posted by Rocket1k78
Not sure if its been stated yet but according to global news last night, any damage to vehicles or homes from trees is the responsibility of the person with the damage and not the owner of the tree.

Good on you for stepping up tho streetracerx.

No, you're the first to bring up the fact that it is not the tree owner's responsibility. Thank you for clearing it up.

[guessboi]

Yes file a claim under your own coverage.

[Mar]

Originally posted by Mar
If the branch was overhanging onto his property before it fell then it wasn't your branch that fell onto his house, it was his branch. Anything hanging over or extending onto your neighbour's property is your neighbour's property. So much so that if he doesn't like the branch of your tree hanging over his property line, he has the legal right to cut the branch off without consulting you. And you the same to him.

So his own branch fell into his house, that's not your problem. He should have investigated his property line and potential damages prior to this event.

Originally posted by FraserB


No, you're the first to bring up the fact that it is not the tree owner's responsibility. Thank you for clearing it up.

Actually I was.

[ercchry]

Originally posted by Mar




Actually I was.

sarcasm detector in for repairs?

[Stealth22]

Originally posted by ercchry
sarcasm detector in for repairs?

[Mar]

Originally posted by ercchry


sarcasm detector in for repairs?

damnit

[leftwing]

Hypothetical question for Masked Bandit:

What if my neighbour has a big tree that is leaning precariously towards my house/garage/whatever and you ask them to cut it down or brace it to prevent it from falling. And they say no. This tree, if it were to fall would for sure hit and damage my property but it is not currently crossing the property boundaries. Now this tree appears to be strong and you have no reason to believe it will fall on its own, but who knows what nature will conjure up and you want to be safe.

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it?

[Tik-Tok]

Originally posted by leftwing
Hypothetical question for Masked Bandit:

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it?

'

Judging by his previous post, yes. Unless the tree was actually dying/degrading and he knew about it.

[Thaco]

Originally posted by leftwing
Hypothetical question for Masked Bandit:

What if my neighbour has a big tree that is leaning precariously towards my house/garage/whatever and you ask them to cut it down or brace it to prevent it from falling. And they say no. This tree, if it were to fall would for sure hit and damage my property but it is not currently crossing the property boundaries. Now this tree appears to be strong and you have no reason to believe it will fall on its own, but who knows what nature will conjure up and you want to be safe.

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it?

plenty of ways to control it, chop that bitch down, neglect=fault.

[Masked Bandit]

Originally posted by leftwing
Hypothetical question for Masked Bandit:

What if my neighbour has a big tree that is leaning precariously towards my house/garage/whatever and you ask them to cut it down or brace it to prevent it from falling. And they say no. This tree, if it were to fall would for sure hit and damage my property but it is not currently crossing the property boundaries. Now this tree appears to be strong and you have no reason to believe it will fall on its own, but who knows what nature will conjure up and you want to be safe.

If this tree happens to fall for whatever reason and damages my property, am I still on the hook despite acknowledging the hazard but having no real way to control it?

Yep.