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I saw on one of the court shows where that exact thing happened. A tree fell into a neighbor's yard and damaged their fence. The neighbor tried to sue the guy who's tree had fallen. However, the judge said that it was not the guy's fault that mother nature caused the tree to fall. However, if the neighbor had given multiple written notices in advance asking the neighbor to please have the tree chopped down, the she would have had evidence that there was an on-going problem and the guy would have been responsible for damages to her fence.
The analysis is somewhat more complex, and involves the issue of negligence. Stated otherwise, if the was known, or should have been known, to be rotten or otherwise subject to collapse, its owner was responsible for attending to it. If it does cause damage due to its weakened condition, the owner's liability insurance should answer for the neighbor's damage. The failure to have attended to the tree when the owner know that it was likely to cause damage is the essence of negligence.
If, for some reason, the damaged party's insurer pays for the repair, it can subrogate against the tree owner (and his/her insurer) and attempt to recover its payment. That process is called subrogation.
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If your tree is hanging over onto a neighbors roof who is responsible for cutting the tree back?
you are responsible for your property. with that being said if your tree grows out of control onto your neighbors property then you must pay for the removal and its damaged that is caused.
Who is responsible for tree removal if our neighbor's tree fell over from a wind storm but got hung up in our trees and is not on the ground?
Nobody is liable for an act of nature. You are responsible for the portion of the tree that fell on your property. Your neighbor is responsible for the portion of the tree on the neighbors property.
Who takes away trees that fall on homes after a storm?
Generally, the homeowner is responsible for hiring a tree removal company to remove trees that fall on their property. Some damage is covered by homeowner's insurance.Generally, the homeowner is responsible for hiring a tree removal company to remove trees that fall on their property. Some damage is covered by homeowner's insurance.Generally, the homeowner is responsible for hiring a tree removal company to remove trees that fall on their property. Some damage is covered by homeowner's insurance.Generally, the homeowner is responsible for hiring a tree removal company to remove trees that fall on their property. Some damage is covered by homeowner's insurance.
Who is responsible if your neighbors dead tree falls and damages your property?
Each homeowner is responsible for removal of the portion of the tree that fell on their own property. As felled trees are a natural and expected occurrence no one is liable for an act of nature. Each homeowners property insurance will cover the cost of repairs for damages to your own property. You could only hold your neighbor liable for your damages if you could prove that he or she was aware the tree was a hazard and was negligent in mitigating the threat.
If your neighbors live tree falls on your house who is responsible?
Generally, Mother Nature would be the responsible party. Unfortunately she does not carry a checkbook.Fortunately, In the United States at least, no one is held liable for acts of nature. If a tree fell on your property whether from your yard, your neighbors yard, blown in from from some national forest down the street or some other yard due to a natural occurrence you are responsible for your own property. You may be covered under your own homeowners policy for the damages and debris removal depending on the circumstances and on your insurance coverage.Your own homeowners insurance should have coverage for natural hazards such as this.Likewise, If your neighbor sustained damage as well whether from his own felled tree or if your tree fell onto his property. His own insurance would cover the damage
What does Debris removal mean under property insurance clause?
They'll remove the debris if your property collapses, m8
Is removal of trees knocked over onto a neighbor's property by wind during a storm covered by homeowners insurance - no building is involved?
Yes it is covered. If it can be proven that the neighbor was negligent in not removing dead trees that they knew were dead or should have known. In this case the neighbors homeowners insurance would pay for removal under their liability coverage. In most cases each company would pay for the trees on their property.
If a tree fell in neighbor's yard during tornado does the tree owner pay or neighbor?
Nobody is liable for an act of nature. Each property owner would responsible for their own insurance to cover resulting damages and debris removal from their own property.
Who is responsible if A tree limb fell during a storm uprooted sewer pipes on your property will your insurance cover it?
No one is "Responsible" for an act of nature. However, So Long as you have "Windstorm Coverage' your Homeowners Insurance Policy should cover the damage to your plumbing and may provide coverage for the trees removal. Contact Your Insurance Agent to determine if you have the applicable coverage.
If a neighbor's tree falls into my yard is the neighbor responsible for debris removal and damage?
Felled TreesNobody is liable for an act of nature. Generally you will be responsible for the portion that fell on your property and your neighbor is responsible for the portion on his own property. If you have coverage on your property insurance for felled trees and debris removal you could report it to your insurer subject to your deductible. Barring some provable negligence on the part of the property owner there would be no liability for a natural occurrence.AnswerIts not your fault that your property happened to be next to their tree. It also depends on the cause of the fall. Was it natural, or did someone purposefully or accidentally knock it over? Almost everything counts.
How herbivores are responsible for the removal of soil?
sometimes herbivores are responsible for the removal of soil .how?
Will homeowner's insurance pay for mold removal of mold caused by a neighbor draining water to your property?
Your neighbor's insurance company's liabilty coverage should pay for it and your insurance company should pursue it for you
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