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Posted: 2/14/2017 6:55:19 AM EDT
[#1]
Piss on him to show your dominance
Or just get a new survey out there to prove who's in the wrong. |
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Posted: 2/14/2017 6:56:09 AM EDT
[#2]
Can he prove without a reasonable doubt that it is your tree?
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Posted: 2/14/2017 6:56:52 AM EDT
[#3]
Quoted:
No major damage but don't know the full extent yet. Neighbor says it's my tree, I say no. Old surveys are not clear. Have yet to hear back from neighbor. How should I proceed? |
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Posted: 2/14/2017 6:57:45 AM EDT
[#4]
Quote HistoryQuoted:
Can he prove without a reasonable doubt that it is your tree? probably not without a new survey. The trees may be exactly on the property line making them both ours? I imagine he probably called his insurance company. I'm wondering if I should just do the same or wait for the fallout. |
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Posted: 2/14/2017 6:59:59 AM EDT
[#5]
Quote HistoryQuoted:
probably not without a new survey. The trees may be exactly on the property line making them both ours? I imagine he probably called his insurance company. I'm wondering if I should just do the same or wait for the fallout. I would suggest a surveyor and an attorney, |
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Posted: 2/14/2017 7:07:52 AM EDT
[#6]
Quote HistoryQuoted:
I would suggest a surveyor and an attorney, don't you think that's premature? |
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Posted: 2/14/2017 7:08:27 AM EDT
[#7]
Quoted:
No major damage but don't know the full extent yet. Neighbor says it's my tree, I say no. Old surveys are not clear. Have yet to hear back from neighbor. How should I proceed? Lawyer! |
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Posted: 2/14/2017 7:11:04 AM EDT
[#8]
Give him the number of your insurance company. That's why you have it. Then go have a beer.
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Posted: 2/14/2017 7:11:15 AM EDT
[#9]
Burn the tree, loudly proclaim innocence.
Wait....what was the question? |
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Posted: 2/14/2017 7:11:38 AM EDT
[#10]
Quote HistoryQuoted:
don't you think that's premature? He has already contacted you making an accusation, it isn't premature, you are already late to the party |
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Posted: 2/14/2017 7:12:49 AM EDT
[#11]
Quote HistoryQuoted:
pretty sure if you are talking about who's financially liable for the repairs to his house, as long as the tree was healthy, it doesn't matter who's land the tree was on, his homeowners should pay for the repairs. This... |
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Posted: 2/14/2017 7:15:07 AM EDT
[#12]
Quote HistoryQuoted:
He has already contacted you making an accusation, it isn't premature, you are already late to the party no he didn't. |
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Posted: 2/14/2017 7:20:06 AM EDT
[#13]
Quote HistoryQuoted:
I would suggest a surveyor and an attorney, Why does he need a lawyer if there were no injuries? |
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Posted: 2/14/2017 7:23:19 AM EDT
[#14]
Quoted:
No major damage but don't know the full extent yet. Neighbor says it's my tree, I say no. Old surveys are not clear. Have yet to hear back from neighbor. How should I proceed? Law is pretty clear. It's his tree, it's on his property now. |
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Posted: 2/14/2017 7:24:28 AM EDT
[#15]
Quote HistoryQuoted:
pretty sure if you are talking about who's financially liable for the repairs to his house, as long as the tree was healthy, it doesn't matter who's land the tree was on, his homeowners should pay for the repairs. This is true in my state. Even if the tree is on my property, and it falls on my neighbor' house, my insurance company will not pay for the damage. His insurance would pay for it regardless. As a good neighbor, I may offer to cover his deductible if the tree was mine. |
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Posted: 2/14/2017 7:25:35 AM EDT
[#16]
Quote HistoryQuoted:
don't you think that's premature? Quote HistoryQuoted:
Quoted:
I would suggest a surveyor and an attorney, don't you think that's premature? Yes it is premature. As another poster said, if the tree was healthy and came down it was an act of God and you are not libel for damages to his property. If it is indeed your tree. |
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Posted: 2/14/2017 7:26:07 AM EDT
[#17]
Quote HistoryQuoted:
Give him the number of your insurance company. That's why you have it. Then go have a beer. Why would you do that? The neighbor need to call his insurance company. Your are not responsible for trees falling from your property unless they have previously notified you that it is dead/or dying and causing a hazard. |
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Posted: 2/14/2017 7:28:56 AM EDT
[#18]
I would call your insurance company to notify them of the incident in case it is your tree. I know some companies have time limitations to file/report claims. I would advise them that you are unsure if the tree was yours to start with.
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Posted: 2/14/2017 7:34:12 AM EDT
[#19]
Quote HistoryQuoted:
I would call your insurance company to notify them of the incident in case it is your tree. I know some companies have time limitations to file/report claims. I would advise them that you are unsure if the tree was yours to start with. Again doesn't matter if it's the OPs or not. It fell due to natural forces. OP or OPs insurance company is not liable for any damages. There is no need to call the insurance company. The neighbor needs to file a claim with their insurance. |
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Posted: 2/14/2017 7:34:14 AM EDT
[#20]
Force majeure unless it's proven that you were aware that the tree was "sick".
If the tree was healthy it goes against his home owners insurance. Talk to your insurance broker ASAP. |
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Posted: 2/14/2017 7:36:15 AM EDT
[#21]
Quote HistoryQuoted:
Give him the number of your insurance company. That's why you have it. Then go have a beer. you pay them money every year to handle these things. Who ever owns the tree can file for loss of the tree to get a sizable replacement, removable of old tree and filling the hole if no replacement wanted. |
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Posted: 2/14/2017 7:38:39 AM EDT
[#22]
Quote HistoryQuoted:
This is true in my state. Even if the tree is on my property, and it falls on my neighbor' house, my insurance company will not pay for the damage. His insurance would pay for it regardless. As a good neighbor, I may offer to cover his deductible if the tree was mine. Quote HistoryQuoted:
Quoted:
pretty sure if you are talking about who's financially liable for the repairs to his house, as long as the tree was healthy, it doesn't matter who's land the tree was on, his homeowners should pay for the repairs. This is true in my state. Even if the tree is on my property, and it falls on my neighbor' house, my insurance company will not pay for the damage. His insurance would pay for it regardless. As a good neighbor, I may offer to cover his deductible if the tree was mine. This right here. His problem unless the tree was dead and you were negligent in removing it. |
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Posted: 2/14/2017 7:43:47 AM EDT
[#23]
Quote HistoryQuoted:
Yes it is premature. As another poster said, if the tree was healthy and came down it was an act of God and you are not libel for damages to his property. If it is indeed your tree. This he is responsible, a tree fell on my neighbors house [not his tree] he was responsible for removal  I helped him but that was it.
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Posted: 2/14/2017 7:43:48 AM EDT
[#24]
In order for his company to subrogate against yours, they'd have to prove negligence. If they can prove that it is your tree and it was an obvious hazard, then your company would pay.
I've done six years of disaster claims and I've never successfully subrogated against a neighbor for their tree. If he is a bad neighbor, tell him to pound sand. You are under no obligation to offer him his deductible. |
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Posted: 2/14/2017 7:45:13 AM EDT
[#25]
Quote HistoryQuoted:
This right here. His problem unless the tree was dead and you were negligent in removing it. And not even then depending on how much you like or dislike your neighbor. Did your neighbor send you certified mail addressing their concerns about the dead tree? |
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Posted: 2/14/2017 7:55:32 AM EDT
[#26]
I would tell him to take it up with my insurance. Then i would tell the insurance that i didnt think the tree was mine and let them take it from there.
This is why you have insurance. You do have insurance dont you? |
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Posted: 2/14/2017 7:58:27 AM EDT
[#27]
It's his insurance that will take care of it. He's probably going to think your rude and it's your problem but it's not. To save your problems with him, unless you don't care about the relationship, I'd tell him your not sure how it works and I would tell him to contact his insurance and you let yours know. Let them work it out between them.
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Posted: 2/14/2017 7:59:04 AM EDT
[#28]
Quote HistoryQuoted:
I would tell him to take it up with my insurance. Then i would tell the insurance that i didnt think the tree was mine and let them take it from there. This is why you have insurance. You do have insurance dont you? You can't call the other guys insurance company. You won't even get through the phone menu without a policy number and other information. |
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Posted: 2/14/2017 8:03:49 AM EDT
[#29]
What I understand is it doesn't matter where the tree came from, it's where the tree is now. So, his problem.
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Posted: 2/14/2017 8:04:04 AM EDT
[#30]
Act Of God.
Doesn't matter. |
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Posted: 2/14/2017 8:14:05 AM EDT
[#31]
Quote HistoryQuoted:
don't you think that's premature? His house, his problem. BTDT |
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Posted: 2/14/2017 8:19:10 AM EDT
[#32]
Quote HistoryQuoted:
You can't call the other guys insurance company. You won't even get through the phone menu without a policy number and other information. Listen to BUCC_GUY, the person actually in the industry. You don't have to get involved at all. The neighbor will need to contact his insurance and thats the end of it. His insurance will not try to subrogate, and will just pay the claim. Unless your neighbor has a stack of copies of correspondence warning you the tree was in imminent danger of falling on his house, and includes reports from a certified arborist about the hazard of the tree, no company is going to fight to subrogate. |
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Posted: 2/14/2017 8:24:24 AM EDT
[#33]
Unless the tree was a in poor shape before it fell and he sent you a registered letter informing you that the tree is in poor shape and needs to be removed, in NY it will be considered an act of God and his insurance will be responsible for damage.
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Posted: 2/14/2017 8:26:23 AM EDT
[#34]
Quote HistoryQuoted:
don't you think that's premature? Yes. Call your insurance company first. |
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Posted: 2/14/2017 8:29:07 AM EDT
[#35]
Quote HistoryQuoted:
Unless the tree was a in poor shape before it fell and he sent you a registered letter informing you that the tree is in poor shape and needs to be removed, in NY it will be considered an act of God and his insurance will be responsible for damage. +1 This has been covered by multiple threads over the years. It's still a good idea to contact your insurance company. |
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Posted: 2/14/2017 8:37:56 AM EDT
[#36]
First, the tree has to be yours.
Second, unless you were informed by the neighbor that the tree was defective and in danger of falling you have no responsibility. At least that's how it works here in IL. If the wind blew my tree over and it landed on the neighbor's house, the neighbor's insurance would have to cover the damage |
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Posted: 2/14/2017 8:42:59 AM EDT
[#37]
Quote HistoryQuoted:
I would suggest a surveyor and an attorney, Unless you are a licensed contractor, you are not qualified to say "no major damage". Hidden damage could run the cost up astronomically high. Get a survey and a lawyer. |
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Posted: 2/14/2017 8:50:02 AM EDT
[#38]
Quote HistoryQuoted:
Unless you are a licensed contractor, you are not qualified to say "no major damage". Hidden damage could run the cost up astronomically high. Get a survey and a lawyer. |
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Posted: 2/14/2017 9:59:20 AM EDT
[#39]
Even if the tree was in bad shape you aren't an arborist and fortune teller
Has he mailed you a certified letter stating your tree is dead and needs to be removed for safety and property reasons before it fell? If not tell your neighbor to FOff |
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Posted: 2/14/2017 10:05:39 AM EDT
[#40]
Quote HistoryQuoted:
Unless you are a licensed contractor, you are not qualified to say "no major damage". Hidden damage could run the cost up astronomically high. Get a survey and a lawyer. No need to waste money on either. |
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Posted: 2/14/2017 10:06:12 AM EDT
[#41]
Like others have already mentioned. He needs to call his insurance co. Not yours. My friend went through this last year when his tree fell on his neighbors fence. Neighbors insurance took care of it.
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Posted: 2/14/2017 10:07:04 AM EDT
[#42]
Your neighbor assumes that if it is your tree that you are automatically responsible if it falls over on his stuff, or did he speak with a lawyer who told him that's what NY law is?
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Posted: 2/14/2017 10:09:54 AM EDT
[#43]
I went through this same shi'ite with a neighbor across my back fence a few years ago during "the ice storm of the century" when ALL of Tulsa's power was out for about 2 weeks and everything was covered with a glaze of ice.
I had a batshit crazy neighbor, who was a RENTER and NOT the house owner...he had a landlord who was actually paying the bills. Seems that some of the top of a hackberry tree in my backyard landed in his backyard and he was pissed that I wasn't coming over to remove what fell onto his (...rented) property. The property owner was "meh...it happened to all of us". The renter? I had video from my security cameras of him throwing branches over the fence into MY yard instead of carrying them to the curb for pick up by the city workers. It's OK though...my security cameras also got video of him tending what turned out to be his science project, a "shake-n-bake" meth lab he had going out in his garage. I showed the video to my next door neighbor, the local K9 cop. ETA: and we live in a nice neighborhood...not a ghetto, not by a damn site. Renter isn't there anymore...he found an extended lease at Oklahoma State Penitentiary in McAlester. 
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Posted: 2/14/2017 10:10:24 AM EDT
[#44]
Neighbors shitty rotten silver maples fuck my shit up all the time. I've never gotten a penny from him or his insurance
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Posted: 2/14/2017 10:11:25 AM EDT
[#45]
Quote HistoryQuoted:
don't you think that's premature? Quote HistoryQuoted:
Quoted:
I would suggest a surveyor and an attorney, don't you think that's premature? This is ARFCOM. Always panic early. |
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Posted: 2/14/2017 10:12:51 AM EDT
[#46]
You should both call your homeowners insurance, let them figure it out.
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Posted: 2/14/2017 10:16:21 AM EDT
[#47]
Around here if a neighbor's tree fell on my house my insurance would take care of it and they would go after the neighbor's insurance company or the neighbor himself if uninsured. I'm made whole regardless. No "act of God" free rides here.
I had a dead tree on state property damage my vehicle when a dead limb broke off and hit it. I had reported the dead tree to the DOT months before and they did nothing. State Farm paid my claim, went after the state for the money, and had them remove the tree to boot. |
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Posted: 2/14/2017 10:17:06 AM EDT
[#48]
Its on his insurance company to pay, unless you have documentation saying that the tree was a hazard.
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Posted: 2/14/2017 10:19:18 AM EDT
[#49]
This sounds like a case of finders keepers.
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Posted: 2/14/2017 10:21:31 AM EDT
[#50]
Here in GA, you are not liable in any way if the tree fell down naturally on to someone else's property. It' is 100% on them to repair and clean up what is on their property.
It's not your job to spend money to remove trees to protect someone else's property for future falls. If they see trees on your property and they think they are a danger to their property, then they need to pay to have them removed or come up with some sort of game plan with you together. |
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