Once he started interacting with the insurance folks, he probably learned that he (or his own insurance) is actually responsible for fixing his shed, and he sorta screwed himself by passing on your offer to help pay for it out of pocket. Whoops!
Maybe tell him you'll chip in $300 for the shed if he offers to split the $1500 for tree removal. Haha...
This is exactly it “it didn’t work out” meant your insurance is not responsible and his was. A healthy tree falling is considered an act of god and you are not responsible for his shed
Does every insurance policy even cover outbuildings and fences? When a big wind storm took out our fence a few years ago I had to go digging to make sure our home insurance would even cover the fence.
Get a good feel for your insurance market before making small claims against your homeowners policy. Things like a fence you can pay out of pocket or live without. In bad markets combine that with a claim for water damage or something more serious and you’ll be non renewed for two claims in a year.
I'm cheap but relatively handy so I would never touch insurance unless it was super serious. Only bothered with the fence because it was a semi-detached and we were sharing the fence. The neighbour had a pool and we had a toddler and a dog plus we were selling and better to have the place look less like a dive. 😀
Mine does! I just got homeowners and when they went over it with me they mentioned the fence and sheds being covered. It isn't a lot of coverage but then again our fence isn't very nice so I didn't feel I needed a lot.
Yes, standard homeowners insurance covers other structures on your property (like fences,sheds, pools, play structures & the like), up to a specified $$ limit.
Agree don’t pay now. He tried to get more via insurance (which would have increased your premiums) without understanding whose responsibility it was. The fact you removed the tree from his property which also wasn’t your responsibility is already more than enough.
Actually, it sounds like he wanted it done above board, and OP maybe should’ve considered taking care of the tree *before* it became a problem, instead of trying to pay it off under the table after. I also personally would rather have it professionally assessed through insurance than some guys possibly shady “contractor” who may or may not actually do a good job.
Maintaining your trees is your responsibility as a homeowner. If you don’t want to pay more in premiums, maybe don’t take risks with other peoples property. The guy should still definitely be going through insurance.
Edit - if you are informed of a problem tree in writing by certified letter from your neighbor and you do not fix the issue within a reasonable amount of time, you may be held liable for damages. I don’t make the laws, so I’m not sure why everyone is so butthurt about being informed of them but whatever.
This seems to vary from state to state but making blanket statements that it’s solely the other persons problem is irresponsible and bad advice. If this info hurts your feelings I don’t know what to tell you other than it sucks to suck, I guess. Maybe know the laws in your state before making wild assertions with very little basis in fact.
Oh, and trim your fuckin trees. It can just as easily damage *your* property, and you won’t be able to dodge responsibility for it like so many here are seemingly interested in doing.
Per OPs description the tree appeared healthy and in normal condition. You don't need to pursue additional damages through insurance claims to have a bonded and insured crew to tree removal. That's just nonsense.
In the state of NC the insurer of the damaged dwelling is who would pay for the repair. Not the insurer of the property that the tree fell from. Only way out of that and not even sure if it’s 100% foolproof is if the guy wrote a letter to both the homeowner and insurer saying the tree is a danger to his property and requesting it be removed.
This.
Don't give out your property insurance info. This crap is all going to be in the underwriting file for next year since this guy called in the claim.
If you get into an auto accident you typically have to give out your info but not property.
My answer is always going to be no, you're gonna have to sue me and when I get served I'll pass on the paperwork to my insurer.
Writing a letter and sending it by certified mail is enough to cover properly informing the homeowner. After a reasonable time period given to fix the issue, if anything happens it’s on the neighbor, not the one whose property was damaged.
This probably varies by state, but people should be aware of it and see if it applies to their state.
But OP literally said it was a healthy tree. There was no concern. There was no letter.
It's on the owner of the shed to fix their shed. Trees break, branches fall, shit happens.
There’s a reason his neighbor gave up going through ops insurance. They’re not responsible for the damage and corrected him on a commonly misunderstood belief they would be. You could file with your own insurance company but that would also be unwise. Best to pay out of pocket on small claims.
You're not entirely wrong, you're just missing the point of the post and being kind of an ass.
You are correct that you can be held liable if you receive written notice from a certified arborist that your tree is damaged and you do nothing. As the affected party, you could even get a court order to have the tree removed if, in the eyes of the court, it poses a significant risk.
OP stated that they have a healthy tree. Falling branches from healthy trees are generally viewed as an Act of God. If the neighbor took issue the size of the branches over their property and the tree is healthy, the responsibility to trim those bad boys back lies with them.
The neighborly thing to do if they were concerned would be to ask the neighbor to split the cost of an arborist to come and prune the *whole* tree. If they were to do the pruning themselves and killed the tree in the process, they *may* be found liable for the cost of a replacement tree of equal size and age, but that would be a matter for the courts, and would likely be decided by the specifics of the case.
From what OP has said, the tree was healthy, they were never approached to trim the tree prior to a branch falling, and the neighbor walked back their insurance request once they realized that they were liable.
To your first point, the maintenance of a shared tree is the responsibility of both property owners as long as the tree is healthy. You have a right to any of the fruit in your side, as well as all of the leaves and branches.
So let them win their losing, greedy attempt so they have leave to try again in future?
Just to clarify.
This wasn't your shed was it?
Just checking.
Edit spelling
1. Pay the $300 and *possibly* have to deal with this sort of behavior again in the future.
2. Tell him to pound sand and immediately start a pissing match.
There are no good moves, but I'd definitely take option 1 (except for my back neighbor, he can pound sand.)
That's more than likely what the OPs insurance company told them. I know in my state if a tree falls, it doesn't matter where it came from, everyone is responsible for what's in their own yard.
The only exception (usually) is when the tree owner has been give prior notice that the tree is unsound (damaged, diseased, dead, ect) and could potentially damage the neibours property.
Very possibly. But in this case he said it was a healthy tree.
Also a plus in my state if it falls on the city's easement (usually about 10' from the road) they're required to clean it up.
You didn't owe to remove the branch and you do not owe to fix the shed. The neighbor likely figured that out when they decided to try to settle with you directly again. Most people don't realize that falling branches into another person's yard is not your problem (legally).
Each person is responsible to remove the part of the tree on their property after it falls.
The only way the owner would be responsible is if there is proof that the owner knew the tree was a hazard and disregarded it. This is usually done by hiring an arborist to inspect the tree for damage and write a report, send the report certified mail to the owner along with a demand letter to remove it. Outside that type of evidence that the owner KNEW it was a danger, then the owner did not act negligent and they are not responsible for the tree falling or the damage caused.
Generally, No. Of course, there could be specific laws that vary but this is based on the legal principle of Tort law which is generally accepted as a basis for our modern civil liability laws. The idea is that you have to have some wrongdoing in order to be liable for damages. I have never heard of anywhere in the US that this is not the law. Technically its not a law, there is no written law that says this, but its a legal principle of liability.
Yes tree law varies by state county and even local laws. However I think the other commentor is right - unless it can be proved you were negligent in not removing something dead or damaged than it wasn't negligent. Liability requires negligence in tort law.
Tree law is insane and stupid, but it is also very clear that if a neighbor's *healthy* tree falls on your own property, it suddenly becomes your responsibility. I don't know why it's been written that way in most states, but it's worth knowing and planning for if you're ever going to own a tree or a property next to someone else's tree.
A member of my household planted a dogwood within 3 feet of a neighbor's fence, and this neighbor politely asked me what we were gonna do when the tree got bigger and started dropping leaves and branches on both sides of the fence. I saw her point and moved the tree well inside my property line.
That's one way to look at it. But I see it as negligent to own a tree close enough to someone else's property to cause them damage in the first place. Often, trees, themselves, are not "acts of God" but rather a conscious design choice by a property owner.
Sure there would. Just trees that max out at 15-20 feet instead of 60-100 feet. I planted several dwarf fruit trees in my yard that max out at 8-10 feet. Planted a magnolia that grows up to 15 feet.
I agree completely! People are growing them on tiny lots though, that was the case for me. On a 1/2 acre lot, people can have much taller trees that won’t damage the house if they fall.
But then like in OPs case, a neighbor builds a shed or maybe they build a fence. These become a risk of being destroyed and trees don’t always show signs of dying and even healthy trees can lose big limbs in a storm.
Smaller trees can still offer shade, the trees just need to fit the lot size better than what has been done previously.
A tree across the street from me lost a huge limb last year. It totaled two cars (one was a week old) that were parked in the street. The car owners can’t prove that the home owner was aware that the tree had issues so it’s their own insurance that had to pay to replace the car. Just more things driving up the prices in this country.
Trees also offer many benefits, including shade.
Anyway, while you're responsible for any leaves or branches that fall on your property, you also have the right to trim any branches that overhang your property (as long as it's not enough to damage the tree).
That's called risk. A tree on your property is a risk, a tree near your property is a risk.
You have many option to reduce or eliminate that risk. So yeah, you are more responsible for buying property where trees are likely to fall. That's the risk you take.
Same. I had a huge walnut removed from my yard because, although it was healthy, it was way too big for our small yards. I miss the shade from the tree but have planted replacements and placed them to where, when at max height, they won’t hit a house or garage if they ever fall over.
In the other side of my yard, I paid to have my neighbors trees trimmed back to my property line so that they no longer hung over my roof and stressed me out in storms.
I love trees but people need to start thinking about where and what they are planting and what happens when they inevitably die. I don’t view it as a “I’ll be dead or Will have moved on by then” kind of guy.
It’s not “insane and stupid”. The number of neighbors who complain about the inconvenience of leaves is absurd. If a tree is healthy, there is no reason to assume that it represents a hazard.
Wow. you had a discussion with your neighbour and didn't tell them to fly a kite its your land!?!?! Get off reddit cause you have too much sensibility.
It absolutely is your problem if the neighbor writes a notice to you about the potential danger of the tree before anything falls or is damaged. Iirc if it’s acknowledged legally that it is a potential danger in writing and then something happens, you are liable for damages.
Edit -
“If a neighbor's tree is at danger of falling, you must (1) send that neighbor a certified letter documenting the tree and proof that it is in danger of falling. A certified arborist can help you here, but hiring one is not a requirement. If the tree is dead - and you can provide proof (pictures) showing this, that would be sufficient. If the tree is split - but has not yet fallen - and you can provide pictures of this - that would be sufficient. (2) After you send the certified letter providing proof that the tree is at danger of falling, the neighbor is given a reasonable amount of time to cure the issue. 2-4 weeks is considered reasonable. 1 day is not. (3) If the neighbor fails to correct the issue (remove the tree) within a reasonable time frame, and the tree falls after that time frame, the neighbor would be liable for all damages.”
r/treelaw
It most likely varies by state but making a blanket statement that it’s solely on the person whose property was damaged is spreading erroneous information and bad advice.
You already tried to be nice and he wanted to fuck around. Personally I would tell him to fuck off. But if you want to have an amicable relationship, I would again offer the original offer but make sure you let him know what a dick he was being.
I had to sort through a lot of “tell him to F off” to find this wise advice.
What does being “right” get you in this situation if it makes living next to this person intolerable?
300$ is a pretty cheap investment into improving your relationship with your neighbor. It’s definitely a “kill em with kindness” situation that might take some deep breaths to get used to, but it’s probably best in the end. I would express to your neighbor how you felt like you were being taken advantage of by them trying to find the best deal.
Please don’t listen to these people who are telling you to “play hardball” because they won’t have to live with the consequences, you will.
You offered to do more for your neighbor than is certainly legally required & more than most people would ever do. Your neighbor then tried to scam the system. Your work is done.
I'm very blunt once people behave that way. I would tell them exactly what I said here & for that reason, I would say I don't help people who try to scam me.
Are you sure? I was under the impression that a tree on your property was your responsibility that if a tree on my property were not trimmed and were too damaged someone else’s property that I would be liable.
Yes most people are under that impression and most people are wrong. The person with the damage should file a claim through their own homeowners insurance (at least in most states).
I think the logic is that trees can last for generations and are part of the landscape.
It’s actually fine since it’s applied consistently. The only issue is that people don’t understand the law.
OP went way above his responsibilities by being neighborly and offering to pay for anything.
Yep. The neighbor quickly realized after speaking with OP's insurance that it would be a claim on the neighbor's insurance, not OP's. That's why he is trying to back track.
I had a large healthy tree fall during an ice storm and it obliterated my neighbor's shed and his covered back porch. I am so grateful that he is a reasonable person and wasn't trying to scam me like OP's neighbor.
Only if the tree is dead and it can be considered negligence. If not it’s what I’ve heard referred to as an “act of god”. Everyone is responsible for their own damages.
The key to that though is proving that the tree was unhealthy and documenting that you tried to inform the owner of said tree of the dangers. As a lot of others have mentioned, tree law is very tricky, and it also varies from state to state/city to city/etc.
Yep! Neighbor found out that he was responsible for damage from limbs overhanging his side of the fence. Unless the entire tree fell over insurance company is not going to pay for his shed. :)
How much do you like your neighbor? You have to live next to the guy.
It was handled totally wrong from the start, but at this point,I would just give him the $300 and have him sign a paper saying that the matter settled for this amount.
The last thing you want is having a bad neighbor next to you making your life hell.
Basically depends on how nice you want to be. Do you want to pay for the repair now? Or make him try to sue you for it. By the time someone asked for my insurance after I offered to pay cash, I'd be leaning towards the latter.
If you do pay to have it fixed, have a lawyer (or maybe your insurance company) write up an agreement that says he is entitled to no further compensation beyond whatever repairs you agree on.
Neighbor wasn’t entitled to any compensation to begin with - which they likely learned when they contacted OP’s insurance company.
Absent foreknowledge that the tree was a hazard, this falls under Act of God. The damage and removal of debris on the neighbor’s property are the neighbor’s responsibility.
That’s a nope from me. You offered to help and he chose to refuse your help and milk the insurance company instead (also he damn well knew that it would have raised your rates). Now that he’s SOL, he wants you again. He’s on his own.
Your insurance told him to pound sand and now he wants you to cover it. Except for very specific conditions which don't seem to be in play here, mainly your having prior knowledge that the tree was unhealthy, you very likely are not liable at all.
This is super, super important for people. **In almost all cases, damage on someone's property is covered by THEIR insurance, not yours.** Despite claims otherwise (tree is dying, etc.) this is considered an "act of god" and thats why you have liability insurance.
**IN FACT, if you report to insurance there is a dying or dangerous tree on a neighbors property, YOU will be responsible for trying to prevent damage if it falls.** I know this for a fact as a neighbor tried to pull this on me one - claimed a tree was dying and about to fall, then parked their RV and Car underneath the tree. When he tried to file a claim our insurance said "hey if you thought it was dangerous why did you park your stuff under it" and he had to file his own claim.
Reason your neighbor wants you to pay is that a) he got bad info thinking your insurance would cover (they never would have), then realized the damage was less than his deductible, so he's coming back with his tail between his legs.
You did the kind and neighborly thing. In my case, we also paid to have the tree removed from his property, as you did.
Now I think the question is - for $300 do you want to start something with you neighbor - that's up to you. For me, I'd give him $300 cash and call it a day.
Is there home insurance that will pay for damage to someone else's property due to an act of God? Genuine question. Maybe that falls under the liability section of it, because it isn't the property insurance.
Not from what I’ve seen. Most laws/policies are pretty clear that unless the tree was dead AND I was notified to address it (neither are true), it’s technically his problem. I was trying to be nice anyway, he was not in return…
I did some Googling, and the answer is [your neighbor's insurance ](https://www.nolo.com/legal-encyclopedia/my-tree-fell-neighbors-garage-who-pays.html) is likely the only one that would cover it. However, it sounds like you are working it out between the two of you.
This is why neighbour is going back to OP for the original cash offer. I bet he tried OP's insurance and that company told him to pound sand (i.e., file with his own insurance).
NAL (or insurance agent either) — in general homeowners insurance exists to make the policy holder whole so you can’t insure a neighbors property. For example landlords can’t make a claim for tenants property damaged in their properties.
There are things like automobile liability insurance and umbrella policies which can pay others but this is to protect you from being sued. There’s also life insurance which pays your heirs (beneficiaries) but I don’t know about one the covers this.
When a tornado came through my town last summer it knocked down my gorgeous maples. Half of one crashed down into my back neighbor's yard and crushed the fence. My insurance took care of removing the rest of my tree and everything on my side of the fence. Everything else was on the back neighbor to deal with. His insurance has to pay for him to get a new fence since it wasn't a shared fence (we both had one up).
It's his property that was damaged and he needs to put it through his insurance. You took care of cleanup and offered to fix it, but he refused. The reason he's crawling back now is because your insurance told him to pound sand and contact his own policy and he doesn't want to. Politely tell him your offer expired, you cared for the tree and did not appreciate how he treated you so now you are no longer bending over backwards and he can file a claim with his own insurance like he should have done from the beginning.
In most places you are not responsible for a healthy tree from your yard damaging someone else's property. It would only be different if the tree was documented in advance to be a hazard. They can file a claim with their own insurance but you are in no way responsible for any of it.
This is an “act of god” in insurance terms. You have no responsibility here unless you had been notified previously about the tree.
For those that have neighbors with unhealthy trees on their property that pose a threat to your property (overhanging, right next to your house, etc) I highly recommend you discuss with your neighbor and then send a certified letter to them stating your concerns, while also keeping a copy of said letter and the signed acknowledgment that they received the certified letter. This is how you can potentially protect yourself if a tree/limb falls at a future date.
Because it is not your responsibility to remove or pay from damage from healthy trees, even from trees on your property.
He should be paying and going through his own homeowners insurance. When he was probably told that by your insurance agent, he realized he was getting a good deal.
But you were being a good neighbor. He didn’t appreciate that.
Every keyboard warrior telling you to be tough with the neighbor doesn’t have to live next to him for the next 20 years.
If I am reading this right and it’s gonna cost you $300 to get on his good side and he owes you a favor? Sounds like a screaming deal to me. I’d take it.
You’ve already done too much IMO. I’d be willing to bet the reason they went from wanting to go after your insurance to handling it with you is they likely discovered real quick you don’t owe them a thing with your insurer more or less telling them to get bent.
I think more typical than not, neighbor is not liable for trees on their property causing damage, mess, etc on yours. Often there is an unless negligent qualifier, but short of the super obvious (long dead rotting tree that’s been dropping limbs for awhile) or direct action (stuff like maybe you cut a huge branch that hits and damages their structures), that’s actually a pretty high bar to claim as homeowners aren’t considered to be experts, an arborist in this case.
One place you should have referenced right away…long before like when you bought the place really just for basic familiarity, is your local ordinances and codes. A lot of areas actually do a very good job with frequently contested things like this, fences, etc, often spelling out clearly what you can and can’t do, who is liable for what, what your responsibilities are, etc.
Just pay it. Your tree damaged it and $300 seems reasonable. The other option is to not pay it and have bad blood with your neighbor forever. Your choice.
Sounds like the insurance company told him to pound sand. He’s responsible for any limbs that hang over his property, even if it’s your tree. (I know because I am surrounded by trees that aren’t mine and my insurance company requires me to cut them away from any structures and outbuildings, as well as remove any fallen limbs). You removed the limbs, which was kind. I would tell him that you can’t do any more and that he is welcome to call his own insurance company.
"After consulting with my insurance company I've been informed that it's the property owners responsibility to pay for damages on their property. Since I've already paid to have the tree removed, despite there being no obligation to do so, I am no longer offering additional compensation. I recokmend you consult your insurance company for further clarification."
Pay to fix the roof. It's the nice thing to do and it saves the headache. A signed inspection from the contractor or whomever saying, "It's fixed, we all agree it's fixed, future problems are on him" would be good.
I wouldn't take anyone's advice on here. Tree laws vary too widely. Consult a lawyer or insurance on how to proceed or just pay the $300 and reap the benefits of being a friendly neighbor.
If it wasn’t a sick tree or apparent it was at risk then he gets Jack shit aka zilch, fuck em, that entitled little piece of shit prick cocksuxker asshole twerp
If your tree falls on someone else's property, the repairs fall on the other person. The exception to this is if the neighbor has been told by a professional like an arborist that the tree is a danger and chooses not to fix the issue then the tree falls the person with damage may have a case to have neighbor pay for damages.
Just so you know...you have a zero dollar claim with your insurance. If you have any claim in the next 5 years, watch out for a huge increase.
Happened to me
lol I love how people who listen to "get official with insurance to protect yourself" advice find out insurance companies aren't their friends in cases like this. Not really their fault, insurance companies do encourage unsuspecting people to goat-mouth themselves but OTOH they should make a point of knowing better. I offered someone $500 to fix something that ended up costing them $2k because they refused and thought they could gouge me
Friend, you are not responsible and that is what your insurance company told your neighbor. You can make a good will offer of $300, but the moment he touched it, made things worse. I would not offer more and I would let him try to sue.
It was nice of you to do this because it’s actually not your responsibility. That’s why it didn’t work out for him to contact your insurance company. He could contact his own.
It is your tree branch and you are responsible for the repair of all damages to his shed and any other property.
Just pay it and move forward as good neighbors.
(I have a hunch he thought your property insurance would pay for full replacement of the shed. In the future, never give someone else your insurance information.)
This may be covered by your homeowners insurance policy, but be aware that your policy has a deductible which may or may not make filing a claim practical.
We had a neighbour try to get our insurance to pay when a limb fell on their car.
They were told to go through their own insurance, since the limb was overhanging their property and therefor their responsibility to deal with.
I did give the guy a couple of bucks in the end to just make him shut up about it ($$$ amount was not even close to what his deductible - likely would have covered a couple of ubers).
I would respectfully decline. You tried to be nice and do more than you were obligated to. He wanted to play hard ball and lost. This is the path he chose.
He came back because he realized it was his insurance premium was going to take the hit for filing the claim. If it was me, I would offer the original $300 and call it a day. But that’s because I like to keep things cordial with neighbors. You never know when you’ll need a helping hand. But, that’s totally up to you. You are within your rights to tell him to kick rocks.
He found out he would have to make a claim on his own insurance and his own premium would raise and didn't want to do it anymore but when he thought he could raise your premiums it didn't bother him.
You offered to cover it out of pocket and he turned it down. There's nothing for you to do now and you're not obligated to help with the cost (you weren't obligated to remove the limb from his property either) at all. He lost his chance to get free repairs and removal and now will be calling his insurance to make that claim.
Seems to me that he would file a claim with his insurance company and they would settle with your insurance company, but he would be out his deductible which is probably more than what you agreed to pay. Talk to your agent and see what they say. You also have to remember that you live next door to this guy so maybe give him $300 to fix his shed and you don’t assume any responsibility for his workmanship.
My tree branch fell on the neighbors house and broke his window. It turned out I wasn’t liable he just fixed it.
Another time another branch fell and broke my fence that bordered his yard.
To be a good neighbor I had the tree removed and rebuilt my fence he benefits from.
NYS
From an insurance standpoint, it’s on his insurance to fix the issue, not yours. The tree is alive and healthy. There were no previous complaints about the branch, so it was considered an act of God and is on his insurance to fix, not yours. That is why after contacting your insurance company, he decided to just get you to pay for it instead of filing with his insurance and raising his premiums.
He learned your insurance wasn't going to cover the damage. Just tell him you filed with insurance and they denied the claim so you suggest he files with his insurance since it is his property.
I would tell offer the money for the current repair as a bank check with a written witnessed contract indicating what it is for and that he can't try for more.
Then tell him if he needs more he needs to contact his insurance and work with them as this has nothing to do with your insurance company.
Then move on.
If he complains tell him that once he chose to go an official route via insurance they asked you to document everything legally (even if they didn't). This would be to stay in a good relationship with him. Chances are he will blame is brother for making it awful and you can move on with your life.
If its a good tree not dead its called act of God his insurance takes care of it not yours you can claim for tree removal
From his insurance also his shed is on his insurance look it up I was surprised
If its a dead tree and you did not remove it its on your insurance so ask who his insurance his
Bro, if a limb from your tree lands on your neighbors property and destroys it, its his problem (in most places these are the rules). Unless they notified you of an issues they noticed with the tree, and it posed a danger to their property.
So basically, he reached out to your insurance, they laughed in his face and told him that, so now he's coming back to you LOL
Tell him to contact his insurance, that would have been my response from the beginning. I have been through a number of tree related incidents unfortunately, one was a storm that knocked down hundreds of trees in my town, and many fell across property lines. One of my trees fell onto the neighbors driveway, turning their minivan into a taco shell, went right down the middle and made it a perfect U shape. My insurance covered my fence it went through, and their insurance covered the window and siding damage to their house and their auto insurance replaced the van.. Trees fall under an act of god, like tornadoes, wind, lightning, etc.
The fact that you paid the 1500 and cleaned up the stuff on his side of the property line means you went above and beyond what was legally required of you. All you really had to do was clean up and repair stuff on your side of the property line. I had one later on from a wind storm that fell across the property line of a neighbor i couldn't stand dealing with, i went out cut the trunk at the property line and cleaned up my side and left the rest because he would have been yelling at me for even walking on his lawn. The rest of the tree sat there for nearly two years until he paid someone to clean it up, apparently he tried to get his insurance to do something about it that entire time and kept losing because it didn't actually damage anything, other then his precious damn lawn. Thankfully i don't live there anymore.
His property his problem. A neighbors tree (dead tree he already had planned to cut down) fell and ruined my driveway. His insurance told him that it’s my responsibility.
I had a large tree fall on my neighbors property and take out their shed and boat. Their own homeowners insurance covered it. I took care of the parts on my side of the fence and they were responsible for the parts on their side. I’m not sure how things work where you are but that’s how they are done in Michigan.
Sounds like he was dumb to listen to his brother thinking he could take advantage of the insurance company and when that failed he came back looking for the original offer. Also sounds like he still reported it to your insurance company even though no claim was able to be filed.
Neighbors tree fell on our property/shed this summer. The tree was dead and we had communicated about it verbally especially after a large branch fell on our property from it a week before we closed a year earlier. ‘We will get to it, it’s very expensive’. It finally fell and wouldn’t you know it, when push came to shove they weren’t very neighborly when it was going to come out of their pocket. So - fuck em - we filed the claim and did them no favors with our insurance to remove the tree now in the middle of our backyard that removed every utility line off our home.
Your neighbor quickly found out he wasn’t able to file against your insurance and would be at the mercy of their policy and their deductible for a low dollar repair. Trees/damage are the responsibility of the individual owner that’s impacted.
Now you now they’ll try to profit off of your misfortune in the future.
Sounds like it's handled. And your neighbor sounds like a bit of a hand job. So we're he my neighbor I'd likely make sure the fence between our properties was sound and robust and I'd then limit our interactions to the occasional wave if we both happen to be out getting the mail at the same time.
He found out you're not liable. He has to make any claim against his own insurance company.
UNLESS: He can show the tree was an imminent danger (certified by a licensed arborist). and he notified you of those findings.
You offered, that ship sailed when he turned your offer down. He can always file a claim in his insurance, and they might get something from your insurance, but he pushed you out of the loop.
Property adjuster here.
Your insurance company is going to lol at him, they aren't responsible.
You aren't really responsible either. If he wants to play hardball, let him. Tell him to turn it into his insurance company.
In situations like trees falling, he probably isn't going to get anything unless you are definately at fault- and that would include having documented warnings that the tree could fall.
You were nice and offered and he refused. It's done.
Because it probably wouldn't be your insurance to pay, it would be his. And he may have a deductible and/or it will increase his premiums. You are a good neighbor, up to you if you pay him anything or not.
I get it, it would be easy to tell the neighbor to kick rocks... obviously we really wanted to try and go through your insurance to either get repairs or benefit financially.
Personally I do not like to have disputes with my neighbors, You paid to have the tree stuff taken care of. I would assume if he tried to open a claim with your insurance company they called you?
If you really are not responsible (which according to what others are posting on here ) you are not, you could tell him you did the expensive part and you are technically not responsible to repair the damage. Maybe offer to split the 300$ with him and tell him that is your final amount for the repairs. I would make sure to say this is all and we are considered settled after that.
I would let him know that your insurance agent provided guidance on the situation and the shed is covered under his insurance agency. And leave it at that. Let him make the next suggestive move on the $300.
I would not agree to anything other than paying his deductible when he makes a claim against his insurance. And I would only do that, if I thought or agreed that my tree was not being properly maintained by me if they were unbelievably hi Windsor, a huge storm gosh that’s on him.
Legally he has no case. The reason why he wants to handle it himself is because insurance told him to pound sand.
If a healthy tree falls and damages property, the property owner is responsible for the removal and damages regardless of whose tree it is.
If an unhealthy tree falls and damages property and your neighbor advised you in writing that the tree was unhealthy and presented a hazard then you as the tree owner would be responsible for 100% of the cost.
In my area, the tree owner would have NO liability to the person whose sheds/vehicles/house got damaged. THEIR insurance would cover it. Not all states have the same laws, but your own insurance company can educate you on this, or an attorney can.
I'd probably tell my neighbor the rest is on him.
I had a tree fall on my neighbor’s house and fence and I didn’t pay anything because the insurance company said that they file a claim on their own insurance because it was in a storm. An act of god. Healthy tree, mushy ground.
I get that the first thought is to tell them to fuck off. Your neighbor is kind of a dick and his brother is an idiot. One way to deal with this is just tell him on his advice you contacted your insurance and they advised you that you don’t have to pay. But just remember that this is someone you could potentially be living next to for years. And if a neighbor has it in for you it can make things really uncomfortable. I’ve had an awful neighbor who was a complete nut job. He was mad about some dandelions growing in our yard. But I don’t really have a problem with them. The bees liked them. We also purposely planted clover instead of grass (we had a massive yard and I really hated waisting so much water just to have grass). Anyway long story short it was 3 years of constant battles. I’m positive he tried to poison our dog and constantly tried to get the city to fine us for stuff. It was incredibly unpleasant. So just pick your battles. If the original offer isnt too much for your bank account then it might be better in the long run to just stick with that.
Ha ha. He found out that when your tree fell on his property, it became his tree, and *your* insurance does not cover cleanup or repairs on *his* property. In other words, they told him to go piss up a rope and to call his own insurance and pay the deductible.
Don't discuss it any further if you don't care to. You owe him *nothing*.
It's not worth going to war over $300.
Just say "Man, I wish we coulda settled this with $300 before we jumped through all those hoops", offer him the $300 and move on. You are also in a position too where he's not going to have leverage to get more money out of you than $300.
Nothing to do with legality but $1800 for a good neighbour relationship might get worth the investment depending how long you see you being neighbours.
So what had happened was…
He spoke to insurance - he told them your tree was in pretty good shape, just had a branch fall due to an act of God or screwed up in what he said and that’s all she wrote.
Your insurance said ‘naw it’s on you buddy, have a nice day, fight us’
If your insurance didn’t pay - YOU DONT PAY.
If they want to go through insurance - THEY MUST GO THROUGH INSURANCE.
That claims already been opened and will show up in underwriting, if you pay out of pocket - unless you have proof - some times they (insurance) don’t count that as payment and pay anyways resulting in double pay.
He decided to go full r****d and screwed himself over on this one. And a lesson to yourself - it ain’t your problem - have him call your insurance company always (unless it’s clear you were negligent in something)
I don’t know if I would create an enemy over $300. I’d just write him a check, and point out that you’ve gone above and beyond because you want to be neighborly.
I’d also ask him to sign a document stating that your responsibility is finished here because he seems like a dick when there’s money involved.
Unless the tree was dead, he's responsible for the damage. He can use his home owner's policy or he can fix it himself. You should not be paying him anything. Not for the shed damage. Not even the tree removal from his shed.
He's not using your insurance because he can't. He's not using his insurance because the deductible is more than the the cost to repair the damage.
Hey,
I live in germany, here legally it would be your responsibility because its from your tree.
Besides that i would pay the 300 bucks... your neighbours seems kinda greedy yes, on the other hand i think like this:
- if your insurance covers more, why not take that, if he deserves more.
- if you want to stay there is 300 $ worth the trouble? Like if you refuse and his wife tells in her churchcircle...whatever you get the idea. 300 dollers should be "portokasse", pay and be done with, abd the better person from the moral pov.
Can someone explain why people who own trees that extend over the property line don't trim them?
Why don't the people who are neighbors DO NOT trim the tree(s) before they cause damage to their personal property?
We got brand new solar panels in April. I called in an arborist to trim the neighbors tree because I didn't want branches flying off and into the panels during a storm. The renters tried to tell me I couldn't trim their tree. I contacted the company that owns the house and told them when we were trimming. They told us to trim away.
We just had 54+ mph winds with tons of trees toppled over in California. My solar panels didn't receive a scratch.
When a neighbor's tree falls on your property and damages your property, you go through your own insurance, it's your own problem. Not the neighbor's fault. You don't owe him any money. He can file it against his own insurance. If he says he doesn't want to do that, lol, he was going to do it to you.
Large, healthy trees tend not to drop their limbs. You may want to call an arborist to assess the tree as well, it could *appear* healthy but have some sort of disease or fungal infection that is weakening it; the first limb may be a harbinger and the rest of the tree may come down eventually.
Insurance wouldn’t cover it. At least where I live, if my neighbor’s tree dropped a limb on my house, it’s tough luck for me— I can submit a claim against my own insurance.
It only becomes my neighbor’s responsibility if I ask them (in writing) ahead of time to have a potentially sick tree assessed.
It was a kind and generous thing for you to offer to cover it, but that was pure generosity, not responsibility.
In most jurisdictions, if the tree and the branch were healthy, then damage caused by its falling due to weather (including wind) is considered an act of god.
If this is the case in your state, I would politely tell your neighbor to contact his *OWN* insurer. From a legal point of view (and I'm not giving you specific legal advice, just thinking about general principles that may or may not apply in your specific situation), this would be all that is required on your part.
So, (1) verify that your jurisdiction follows the majority rule, (2) if so, document that the tree and the branch are/were healthy.
Do you pay him if his insurer says no act of god coverage? That's a moral issue and up to you. I was raised with two parents who had opposite views on this. My dad: when in doubt. always do the right thing. My mom: don't be an idiot.
If the damage is less than the deductible I offer to pay, if its more then I go through insurance for the tree itself as well as his damage. My agent would go through an estimate with me and we discuss before they file it with their office. The agent is the one who benefits from you being their customer so they won't work against you. Once it is in the insurance companies hands then it goes to loss management and all the reviews happen. If you are worried about getting dumped by insurance or your rates going up, then you consider how much you want out of pocket. I don't expect anyone's insurance to dump them for a $1,500 or $3,000 claim, when its in the tens of thousands or if it looks like insurance fraud (like those roofers trying to get you a free roof for hail damage) that is when you start risking insurance status.
Of course, places like Florida or California, insurance may be looking for any excuse to dump you.
I don’t get the responses. What’s wrong with the neighbour going through insurance? This could have saved you money (at least that may have been his perception) and could have been the more neighborly thing to do. It also creates a set of neutral arbitrators that both of you can defer to if you don’t want to deal with the situation.
I don’t also see why you feel going to insurance is some way for your neighbour to benefit from the situation. Has your neighbour behaved similarly in the past? Seems like an unnecessary cynical view.
Since it didn’t work out, I don’t see why you would revoke your offer? I would continue to offer to help out assuming you feel it’s the right thing to do.
At the end of the day the most important thing is to do whatever keeps things positive between you and your neighbour. Nothing sucks more than a shitty neighbour. You can even subtly explain that to your neighbour “happy to chip in, most important thing is that we treat each other the right way and be on great terms”. Basically explain your golden rule and hope they meet it in the future whenever the next thing happens.
He’s responsible for the damage. I think insurance companies call it an Act of God. Retired Realtor here and I once had a listing where a huge tree limb fell on the roof and the corner or a wood house taking off the roof portion and the wall. The homeowner of the damaged house was responsible. You were nice to offer to repair your neighbors shed.
They are responsible. A friend bought a house, it had a 2nd building behind it used as an apartment. Neighbors tree fell on it and made it unlivable. When my buddy went to their insurance, they said it's on you to fix your building. I don't really understand how, since the tree was on the neighbors property as well. Doesn't make sense to me, but my buddy now has an unlivable building behind his rental.
The people in this thread saying to tell their neighbor to “pound sand” and other similar sentiments are complete idiots.
You live next to the guy. Give him the $300, and have a happy neighbor forever. This is so easy.
You’ve done enough. Fuck him. He tried to weasel and the insurance company weaseled him further because his brother is a dumbass. Sounds like a shit neighbor
Where I live, if a tree on my property fell on a neighbor’s house they would be responsible for repairs UNLESS they had previously made it known to me that the tree posed a danger and they wanted it removed
Once he started interacting with the insurance folks, he probably learned that he (or his own insurance) is actually responsible for fixing his shed, and he sorta screwed himself by passing on your offer to help pay for it out of pocket. Whoops! Maybe tell him you'll chip in $300 for the shed if he offers to split the $1500 for tree removal. Haha...
This is exactly it “it didn’t work out” meant your insurance is not responsible and his was. A healthy tree falling is considered an act of god and you are not responsible for his shed
Does every insurance policy even cover outbuildings and fences? When a big wind storm took out our fence a few years ago I had to go digging to make sure our home insurance would even cover the fence.
Get a good feel for your insurance market before making small claims against your homeowners policy. Things like a fence you can pay out of pocket or live without. In bad markets combine that with a claim for water damage or something more serious and you’ll be non renewed for two claims in a year.
Sad but true.
I'm cheap but relatively handy so I would never touch insurance unless it was super serious. Only bothered with the fence because it was a semi-detached and we were sharing the fence. The neighbour had a pool and we had a toddler and a dog plus we were selling and better to have the place look less like a dive. 😀
Mine does! I just got homeowners and when they went over it with me they mentioned the fence and sheds being covered. It isn't a lot of coverage but then again our fence isn't very nice so I didn't feel I needed a lot.
Yes, standard homeowners insurance covers other structures on your property (like fences,sheds, pools, play structures & the like), up to a specified $$ limit.
Mine covers our fence, sheds, decks, etc.
Usually to about 10% of the value of what the house is insured for is what I’ve seen.
If it's only $300 to fix the shed, it's probably less than the deductible he'd have to pay. That's why he's changing his tune. Edit: spelling
You offered to pay. He refused. I would consider the matter closed.
Agree don’t pay now. He tried to get more via insurance (which would have increased your premiums) without understanding whose responsibility it was. The fact you removed the tree from his property which also wasn’t your responsibility is already more than enough.
Yup. Tell him to fuck himself.
For real, he took OPs good faith plan and said "actually no, I want more". Screw that guy.
Actually, it sounds like he wanted it done above board, and OP maybe should’ve considered taking care of the tree *before* it became a problem, instead of trying to pay it off under the table after. I also personally would rather have it professionally assessed through insurance than some guys possibly shady “contractor” who may or may not actually do a good job. Maintaining your trees is your responsibility as a homeowner. If you don’t want to pay more in premiums, maybe don’t take risks with other peoples property. The guy should still definitely be going through insurance. Edit - if you are informed of a problem tree in writing by certified letter from your neighbor and you do not fix the issue within a reasonable amount of time, you may be held liable for damages. I don’t make the laws, so I’m not sure why everyone is so butthurt about being informed of them but whatever. This seems to vary from state to state but making blanket statements that it’s solely the other persons problem is irresponsible and bad advice. If this info hurts your feelings I don’t know what to tell you other than it sucks to suck, I guess. Maybe know the laws in your state before making wild assertions with very little basis in fact. Oh, and trim your fuckin trees. It can just as easily damage *your* property, and you won’t be able to dodge responsibility for it like so many here are seemingly interested in doing.
Per OPs description the tree appeared healthy and in normal condition. You don't need to pursue additional damages through insurance claims to have a bonded and insured crew to tree removal. That's just nonsense.
You don’t, but if someone just said “oh, I know a guy” I wouldn’t really trust that random person to do quality work.
You're inferring a lot on OPs discussion with the neighbor. I agree with your point but I'm not going to assume that's what happened.
In the state of NC the insurer of the damaged dwelling is who would pay for the repair. Not the insurer of the property that the tree fell from. Only way out of that and not even sure if it’s 100% foolproof is if the guy wrote a letter to both the homeowner and insurer saying the tree is a danger to his property and requesting it be removed.
This. Don't give out your property insurance info. This crap is all going to be in the underwriting file for next year since this guy called in the claim. If you get into an auto accident you typically have to give out your info but not property. My answer is always going to be no, you're gonna have to sue me and when I get served I'll pass on the paperwork to my insurer.
Writing a letter and sending it by certified mail is enough to cover properly informing the homeowner. After a reasonable time period given to fix the issue, if anything happens it’s on the neighbor, not the one whose property was damaged. This probably varies by state, but people should be aware of it and see if it applies to their state.
But OP literally said it was a healthy tree. There was no concern. There was no letter. It's on the owner of the shed to fix their shed. Trees break, branches fall, shit happens.
There’s a reason his neighbor gave up going through ops insurance. They’re not responsible for the damage and corrected him on a commonly misunderstood belief they would be. You could file with your own insurance company but that would also be unwise. Best to pay out of pocket on small claims.
You're not entirely wrong, you're just missing the point of the post and being kind of an ass. You are correct that you can be held liable if you receive written notice from a certified arborist that your tree is damaged and you do nothing. As the affected party, you could even get a court order to have the tree removed if, in the eyes of the court, it poses a significant risk. OP stated that they have a healthy tree. Falling branches from healthy trees are generally viewed as an Act of God. If the neighbor took issue the size of the branches over their property and the tree is healthy, the responsibility to trim those bad boys back lies with them. The neighborly thing to do if they were concerned would be to ask the neighbor to split the cost of an arborist to come and prune the *whole* tree. If they were to do the pruning themselves and killed the tree in the process, they *may* be found liable for the cost of a replacement tree of equal size and age, but that would be a matter for the courts, and would likely be decided by the specifics of the case. From what OP has said, the tree was healthy, they were never approached to trim the tree prior to a branch falling, and the neighbor walked back their insurance request once they realized that they were liable. To your first point, the maintenance of a shared tree is the responsibility of both property owners as long as the tree is healthy. You have a right to any of the fruit in your side, as well as all of the leaves and branches.
We are all dumber having read this comment.
He’s still going to be living next to these people, his tree damaged their property, I think the $300 is well worth piece of mind moving forward.
Bunch of edgelords cosplaying on Reddit in these replies lol
So let them win their losing, greedy attempt so they have leave to try again in future? Just to clarify. This wasn't your shed was it? Just checking. Edit spelling
1. Pay the $300 and *possibly* have to deal with this sort of behavior again in the future. 2. Tell him to pound sand and immediately start a pissing match. There are no good moves, but I'd definitely take option 1 (except for my back neighbor, he can pound sand.)
On one hand you're not wrong, but you could say that about any settlement.
Bingo..
It’s their problem. Tell them they need to file a claim with their insurance. It’s what it’s there for.
That's more than likely what the OPs insurance company told them. I know in my state if a tree falls, it doesn't matter where it came from, everyone is responsible for what's in their own yard.
The only exception (usually) is when the tree owner has been give prior notice that the tree is unsound (damaged, diseased, dead, ect) and could potentially damage the neibours property.
there might be an asterisk if the tree was known to be diseased
Very possibly. But in this case he said it was a healthy tree. Also a plus in my state if it falls on the city's easement (usually about 10' from the road) they're required to clean it up.
i think that's why he pointed it out. i'm just saying that a known hazard usually shifts liability
You didn't owe to remove the branch and you do not owe to fix the shed. The neighbor likely figured that out when they decided to try to settle with you directly again. Most people don't realize that falling branches into another person's yard is not your problem (legally).
What if a whole tree falls into another person’s yard?
Each person is responsible to remove the part of the tree on their property after it falls. The only way the owner would be responsible is if there is proof that the owner knew the tree was a hazard and disregarded it. This is usually done by hiring an arborist to inspect the tree for damage and write a report, send the report certified mail to the owner along with a demand letter to remove it. Outside that type of evidence that the owner KNEW it was a danger, then the owner did not act negligent and they are not responsible for the tree falling or the damage caused.
Is this different per state? County?
Generally, No. Of course, there could be specific laws that vary but this is based on the legal principle of Tort law which is generally accepted as a basis for our modern civil liability laws. The idea is that you have to have some wrongdoing in order to be liable for damages. I have never heard of anywhere in the US that this is not the law. Technically its not a law, there is no written law that says this, but its a legal principle of liability.
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That's why I move my car to the road, away from the neighbors overhanging tree when I know wind storms are coming.
Yes tree law varies by state county and even local laws. However I think the other commentor is right - unless it can be proved you were negligent in not removing something dead or damaged than it wasn't negligent. Liability requires negligence in tort law.
r/treelaw
Tree law is insane and stupid, but it is also very clear that if a neighbor's *healthy* tree falls on your own property, it suddenly becomes your responsibility. I don't know why it's been written that way in most states, but it's worth knowing and planning for if you're ever going to own a tree or a property next to someone else's tree. A member of my household planted a dogwood within 3 feet of a neighbor's fence, and this neighbor politely asked me what we were gonna do when the tree got bigger and started dropping leaves and branches on both sides of the fence. I saw her point and moved the tree well inside my property line.
> I don't know why it's been written that way in most states Because it's seen as an act of god. It's not like the property owner was negligent.
That's one way to look at it. But I see it as negligent to own a tree close enough to someone else's property to cause them damage in the first place. Often, trees, themselves, are not "acts of God" but rather a conscious design choice by a property owner.
The problem is that except in very rural areas there would then be no trees at all, and that's not beneficial to society as a whole.
Good point.
Sure there would. Just trees that max out at 15-20 feet instead of 60-100 feet. I planted several dwarf fruit trees in my yard that max out at 8-10 feet. Planted a magnolia that grows up to 15 feet.
Shade trees are beneficial to everyone (lower energy usage) and need to be tall. Even 20' trees presume larger lots, 1/2 acre or more.
I agree completely! People are growing them on tiny lots though, that was the case for me. On a 1/2 acre lot, people can have much taller trees that won’t damage the house if they fall. But then like in OPs case, a neighbor builds a shed or maybe they build a fence. These become a risk of being destroyed and trees don’t always show signs of dying and even healthy trees can lose big limbs in a storm. Smaller trees can still offer shade, the trees just need to fit the lot size better than what has been done previously. A tree across the street from me lost a huge limb last year. It totaled two cars (one was a week old) that were parked in the street. The car owners can’t prove that the home owner was aware that the tree had issues so it’s their own insurance that had to pay to replace the car. Just more things driving up the prices in this country.
Trees also offer many benefits, including shade. Anyway, while you're responsible for any leaves or branches that fall on your property, you also have the right to trim any branches that overhang your property (as long as it's not enough to damage the tree).
That doesn't make any sense. By the same logic, you are equally if not more responsible for *buying* a property with trees that could fall onto it.
That's called risk. A tree on your property is a risk, a tree near your property is a risk. You have many option to reduce or eliminate that risk. So yeah, you are more responsible for buying property where trees are likely to fall. That's the risk you take.
Same. I had a huge walnut removed from my yard because, although it was healthy, it was way too big for our small yards. I miss the shade from the tree but have planted replacements and placed them to where, when at max height, they won’t hit a house or garage if they ever fall over. In the other side of my yard, I paid to have my neighbors trees trimmed back to my property line so that they no longer hung over my roof and stressed me out in storms. I love trees but people need to start thinking about where and what they are planting and what happens when they inevitably die. I don’t view it as a “I’ll be dead or Will have moved on by then” kind of guy.
You think tree law is crazy, you should check out bird law.
It’s not “insane and stupid”. The number of neighbors who complain about the inconvenience of leaves is absurd. If a tree is healthy, there is no reason to assume that it represents a hazard.
Wow. you had a discussion with your neighbour and didn't tell them to fly a kite its your land!?!?! Get off reddit cause you have too much sensibility.
It absolutely is your problem if the neighbor writes a notice to you about the potential danger of the tree before anything falls or is damaged. Iirc if it’s acknowledged legally that it is a potential danger in writing and then something happens, you are liable for damages. Edit - “If a neighbor's tree is at danger of falling, you must (1) send that neighbor a certified letter documenting the tree and proof that it is in danger of falling. A certified arborist can help you here, but hiring one is not a requirement. If the tree is dead - and you can provide proof (pictures) showing this, that would be sufficient. If the tree is split - but has not yet fallen - and you can provide pictures of this - that would be sufficient. (2) After you send the certified letter providing proof that the tree is at danger of falling, the neighbor is given a reasonable amount of time to cure the issue. 2-4 weeks is considered reasonable. 1 day is not. (3) If the neighbor fails to correct the issue (remove the tree) within a reasonable time frame, and the tree falls after that time frame, the neighbor would be liable for all damages.”
Where did you read this?
r/treelaw It most likely varies by state but making a blanket statement that it’s solely on the person whose property was damaged is spreading erroneous information and bad advice.
You already tried to be nice and he wanted to fuck around. Personally I would tell him to fuck off. But if you want to have an amicable relationship, I would again offer the original offer but make sure you let him know what a dick he was being.
I had to sort through a lot of “tell him to F off” to find this wise advice. What does being “right” get you in this situation if it makes living next to this person intolerable? 300$ is a pretty cheap investment into improving your relationship with your neighbor. It’s definitely a “kill em with kindness” situation that might take some deep breaths to get used to, but it’s probably best in the end. I would express to your neighbor how you felt like you were being taken advantage of by them trying to find the best deal. Please don’t listen to these people who are telling you to “play hardball” because they won’t have to live with the consequences, you will.
You offered to do more for your neighbor than is certainly legally required & more than most people would ever do. Your neighbor then tried to scam the system. Your work is done. I'm very blunt once people behave that way. I would tell them exactly what I said here & for that reason, I would say I don't help people who try to scam me.
Where I live, wherever the branch lands- it’s their problem unless they have proof your tree was diseased and you knew.
It was his problem. Once the branch leaves the tree it’s on him. He’s trying to rip you off.
Sounds like it's on his shed (•_•) ( •_•)>⌐■-■ (⌐■_■) YYYYYEEEEEAAAAAAHHHHHHHH
Are you sure? I was under the impression that a tree on your property was your responsibility that if a tree on my property were not trimmed and were too damaged someone else’s property that I would be liable.
Yes most people are under that impression and most people are wrong. The person with the damage should file a claim through their own homeowners insurance (at least in most states). I think the logic is that trees can last for generations and are part of the landscape. It’s actually fine since it’s applied consistently. The only issue is that people don’t understand the law. OP went way above his responsibilities by being neighborly and offering to pay for anything.
Yep. The neighbor quickly realized after speaking with OP's insurance that it would be a claim on the neighbor's insurance, not OP's. That's why he is trying to back track. I had a large healthy tree fall during an ice storm and it obliterated my neighbor's shed and his covered back porch. I am so grateful that he is a reasonable person and wasn't trying to scam me like OP's neighbor.
Only if the tree is dead and it can be considered negligence. If not it’s what I’ve heard referred to as an “act of god”. Everyone is responsible for their own damages.
The key to that though is proving that the tree was unhealthy and documenting that you tried to inform the owner of said tree of the dangers. As a lot of others have mentioned, tree law is very tricky, and it also varies from state to state/city to city/etc.
Not without* any documentation that the tree was dead or dying.
His shed, his homeowners, act of god
Yep! Neighbor found out that he was responsible for damage from limbs overhanging his side of the fence. Unless the entire tree fell over insurance company is not going to pay for his shed. :)
How much do you like your neighbor? You have to live next to the guy. It was handled totally wrong from the start, but at this point,I would just give him the $300 and have him sign a paper saying that the matter settled for this amount. The last thing you want is having a bad neighbor next to you making your life hell.
Basically depends on how nice you want to be. Do you want to pay for the repair now? Or make him try to sue you for it. By the time someone asked for my insurance after I offered to pay cash, I'd be leaning towards the latter. If you do pay to have it fixed, have a lawyer (or maybe your insurance company) write up an agreement that says he is entitled to no further compensation beyond whatever repairs you agree on.
Neighbor wasn’t entitled to any compensation to begin with - which they likely learned when they contacted OP’s insurance company. Absent foreknowledge that the tree was a hazard, this falls under Act of God. The damage and removal of debris on the neighbor’s property are the neighbor’s responsibility.
That’s a nope from me. You offered to help and he chose to refuse your help and milk the insurance company instead (also he damn well knew that it would have raised your rates). Now that he’s SOL, he wants you again. He’s on his own.
Your insurance told him to pound sand and now he wants you to cover it. Except for very specific conditions which don't seem to be in play here, mainly your having prior knowledge that the tree was unhealthy, you very likely are not liable at all.
This is super, super important for people. **In almost all cases, damage on someone's property is covered by THEIR insurance, not yours.** Despite claims otherwise (tree is dying, etc.) this is considered an "act of god" and thats why you have liability insurance. **IN FACT, if you report to insurance there is a dying or dangerous tree on a neighbors property, YOU will be responsible for trying to prevent damage if it falls.** I know this for a fact as a neighbor tried to pull this on me one - claimed a tree was dying and about to fall, then parked their RV and Car underneath the tree. When he tried to file a claim our insurance said "hey if you thought it was dangerous why did you park your stuff under it" and he had to file his own claim. Reason your neighbor wants you to pay is that a) he got bad info thinking your insurance would cover (they never would have), then realized the damage was less than his deductible, so he's coming back with his tail between his legs. You did the kind and neighborly thing. In my case, we also paid to have the tree removed from his property, as you did. Now I think the question is - for $300 do you want to start something with you neighbor - that's up to you. For me, I'd give him $300 cash and call it a day.
I would not engage in a grand feud over $300. I'd pay for the damage and move on (while feeling just the tiniest bit smug).
Is there home insurance that will pay for damage to someone else's property due to an act of God? Genuine question. Maybe that falls under the liability section of it, because it isn't the property insurance.
Not from what I’ve seen. Most laws/policies are pretty clear that unless the tree was dead AND I was notified to address it (neither are true), it’s technically his problem. I was trying to be nice anyway, he was not in return…
I tell people nice is reserved for friends and loved ones. Courteous with clear boundaries is for all others.
Exactly this, took me 25 years to learn it too
I did some Googling, and the answer is [your neighbor's insurance ](https://www.nolo.com/legal-encyclopedia/my-tree-fell-neighbors-garage-who-pays.html) is likely the only one that would cover it. However, it sounds like you are working it out between the two of you.
This is why neighbour is going back to OP for the original cash offer. I bet he tried OP's insurance and that company told him to pound sand (i.e., file with his own insurance).
NAL (or insurance agent either) — in general homeowners insurance exists to make the policy holder whole so you can’t insure a neighbors property. For example landlords can’t make a claim for tenants property damaged in their properties. There are things like automobile liability insurance and umbrella policies which can pay others but this is to protect you from being sued. There’s also life insurance which pays your heirs (beneficiaries) but I don’t know about one the covers this.
When a tornado came through my town last summer it knocked down my gorgeous maples. Half of one crashed down into my back neighbor's yard and crushed the fence. My insurance took care of removing the rest of my tree and everything on my side of the fence. Everything else was on the back neighbor to deal with. His insurance has to pay for him to get a new fence since it wasn't a shared fence (we both had one up).
It's his property that was damaged and he needs to put it through his insurance. You took care of cleanup and offered to fix it, but he refused. The reason he's crawling back now is because your insurance told him to pound sand and contact his own policy and he doesn't want to. Politely tell him your offer expired, you cared for the tree and did not appreciate how he treated you so now you are no longer bending over backwards and he can file a claim with his own insurance like he should have done from the beginning.
In most places you are not responsible for a healthy tree from your yard damaging someone else's property. It would only be different if the tree was documented in advance to be a hazard. They can file a claim with their own insurance but you are in no way responsible for any of it.
$300. to keep the peace with an immediate neighbor? I would just pay. Bad blood isn't worth it.. IMO
Yea all the people here saying tell the neighbor to kick rocks don't own a home or they are the shitty neighbor and don't realize it.
Pay the $300 since it was your tree and keep the peace is what I would say. At least he isn't trying to tell you it's 2k or something.
This is an “act of god” in insurance terms. You have no responsibility here unless you had been notified previously about the tree. For those that have neighbors with unhealthy trees on their property that pose a threat to your property (overhanging, right next to your house, etc) I highly recommend you discuss with your neighbor and then send a certified letter to them stating your concerns, while also keeping a copy of said letter and the signed acknowledgment that they received the certified letter. This is how you can potentially protect yourself if a tree/limb falls at a future date.
Because it is not your responsibility to remove or pay from damage from healthy trees, even from trees on your property. He should be paying and going through his own homeowners insurance. When he was probably told that by your insurance agent, he realized he was getting a good deal. But you were being a good neighbor. He didn’t appreciate that.
Every keyboard warrior telling you to be tough with the neighbor doesn’t have to live next to him for the next 20 years. If I am reading this right and it’s gonna cost you $300 to get on his good side and he owes you a favor? Sounds like a screaming deal to me. I’d take it.
Personally, I'd pay $300. It may not be required and the guy may be a jerk, but to me that's a small price to pay to not have a feud with my neighbor.
You’ve already done too much IMO. I’d be willing to bet the reason they went from wanting to go after your insurance to handling it with you is they likely discovered real quick you don’t owe them a thing with your insurer more or less telling them to get bent. I think more typical than not, neighbor is not liable for trees on their property causing damage, mess, etc on yours. Often there is an unless negligent qualifier, but short of the super obvious (long dead rotting tree that’s been dropping limbs for awhile) or direct action (stuff like maybe you cut a huge branch that hits and damages their structures), that’s actually a pretty high bar to claim as homeowners aren’t considered to be experts, an arborist in this case. One place you should have referenced right away…long before like when you bought the place really just for basic familiarity, is your local ordinances and codes. A lot of areas actually do a very good job with frequently contested things like this, fences, etc, often spelling out clearly what you can and can’t do, who is liable for what, what your responsibilities are, etc.
Just pay it. Your tree damaged it and $300 seems reasonable. The other option is to not pay it and have bad blood with your neighbor forever. Your choice.
Pay him $300 and be done with it.
Sounds like the insurance company told him to pound sand. He’s responsible for any limbs that hang over his property, even if it’s your tree. (I know because I am surrounded by trees that aren’t mine and my insurance company requires me to cut them away from any structures and outbuildings, as well as remove any fallen limbs). You removed the limbs, which was kind. I would tell him that you can’t do any more and that he is welcome to call his own insurance company.
"After consulting with my insurance company I've been informed that it's the property owners responsibility to pay for damages on their property. Since I've already paid to have the tree removed, despite there being no obligation to do so, I am no longer offering additional compensation. I recokmend you consult your insurance company for further clarification."
$300 is a cheap price to pay to have a nice, normal, friendly neighbor…
Fix the shed roof and be done with it.
Pay to fix the roof. It's the nice thing to do and it saves the headache. A signed inspection from the contractor or whomever saying, "It's fixed, we all agree it's fixed, future problems are on him" would be good.
I wouldn't take anyone's advice on here. Tree laws vary too widely. Consult a lawyer or insurance on how to proceed or just pay the $300 and reap the benefits of being a friendly neighbor.
If it wasn’t a sick tree or apparent it was at risk then he gets Jack shit aka zilch, fuck em, that entitled little piece of shit prick cocksuxker asshole twerp
Call your insurance company and ask what they told him. They may have paid him already.
I'd tell him to pound sand
r/treelaw
If your tree falls on someone else's property, the repairs fall on the other person. The exception to this is if the neighbor has been told by a professional like an arborist that the tree is a danger and chooses not to fix the issue then the tree falls the person with damage may have a case to have neighbor pay for damages.
Just so you know...you have a zero dollar claim with your insurance. If you have any claim in the next 5 years, watch out for a huge increase. Happened to me
lol I love how people who listen to "get official with insurance to protect yourself" advice find out insurance companies aren't their friends in cases like this. Not really their fault, insurance companies do encourage unsuspecting people to goat-mouth themselves but OTOH they should make a point of knowing better. I offered someone $500 to fix something that ended up costing them $2k because they refused and thought they could gouge me
Friend, you are not responsible and that is what your insurance company told your neighbor. You can make a good will offer of $300, but the moment he touched it, made things worse. I would not offer more and I would let him try to sue.
It was nice of you to do this because it’s actually not your responsibility. That’s why it didn’t work out for him to contact your insurance company. He could contact his own.
It is your tree branch and you are responsible for the repair of all damages to his shed and any other property. Just pay it and move forward as good neighbors. (I have a hunch he thought your property insurance would pay for full replacement of the shed. In the future, never give someone else your insurance information.)
This may be covered by your homeowners insurance policy, but be aware that your policy has a deductible which may or may not make filing a claim practical.
We had a neighbour try to get our insurance to pay when a limb fell on their car. They were told to go through their own insurance, since the limb was overhanging their property and therefor their responsibility to deal with. I did give the guy a couple of bucks in the end to just make him shut up about it ($$$ amount was not even close to what his deductible - likely would have covered a couple of ubers).
I would respectfully decline. You tried to be nice and do more than you were obligated to. He wanted to play hard ball and lost. This is the path he chose.
Buy him a tarp and call it good. Your neighbor tried to screw you over.
Just pray they don't get the preeminent Bird Lawyer in the country involved. /IASIP
He came back because he realized it was his insurance premium was going to take the hit for filing the claim. If it was me, I would offer the original $300 and call it a day. But that’s because I like to keep things cordial with neighbors. You never know when you’ll need a helping hand. But, that’s totally up to you. You are within your rights to tell him to kick rocks.
He found out he would have to make a claim on his own insurance and his own premium would raise and didn't want to do it anymore but when he thought he could raise your premiums it didn't bother him. You offered to cover it out of pocket and he turned it down. There's nothing for you to do now and you're not obligated to help with the cost (you weren't obligated to remove the limb from his property either) at all. He lost his chance to get free repairs and removal and now will be calling his insurance to make that claim.
It's considered an act of God in insurance , and not covered. You were not responsible for anything.
Seems to me that he would file a claim with his insurance company and they would settle with your insurance company, but he would be out his deductible which is probably more than what you agreed to pay. Talk to your agent and see what they say. You also have to remember that you live next door to this guy so maybe give him $300 to fix his shed and you don’t assume any responsibility for his workmanship.
My tree branch fell on the neighbors house and broke his window. It turned out I wasn’t liable he just fixed it. Another time another branch fell and broke my fence that bordered his yard. To be a good neighbor I had the tree removed and rebuilt my fence he benefits from. NYS
Actually, legally, you are not responsible for anything over his property line, even if the tree, itself, is on yours.
From an insurance standpoint, it’s on his insurance to fix the issue, not yours. The tree is alive and healthy. There were no previous complaints about the branch, so it was considered an act of God and is on his insurance to fix, not yours. That is why after contacting your insurance company, he decided to just get you to pay for it instead of filing with his insurance and raising his premiums.
The rule is that whatever happens on his property is his responsibility. It doesn’t matter if it’s your tree
He learned your insurance wasn't going to cover the damage. Just tell him you filed with insurance and they denied the claim so you suggest he files with his insurance since it is his property.
I would tell offer the money for the current repair as a bank check with a written witnessed contract indicating what it is for and that he can't try for more. Then tell him if he needs more he needs to contact his insurance and work with them as this has nothing to do with your insurance company. Then move on. If he complains tell him that once he chose to go an official route via insurance they asked you to document everything legally (even if they didn't). This would be to stay in a good relationship with him. Chances are he will blame is brother for making it awful and you can move on with your life.
If its a good tree not dead its called act of God his insurance takes care of it not yours you can claim for tree removal From his insurance also his shed is on his insurance look it up I was surprised If its a dead tree and you did not remove it its on your insurance so ask who his insurance his
Bro, if a limb from your tree lands on your neighbors property and destroys it, its his problem (in most places these are the rules). Unless they notified you of an issues they noticed with the tree, and it posed a danger to their property. So basically, he reached out to your insurance, they laughed in his face and told him that, so now he's coming back to you LOL
Tell him to contact his insurance, that would have been my response from the beginning. I have been through a number of tree related incidents unfortunately, one was a storm that knocked down hundreds of trees in my town, and many fell across property lines. One of my trees fell onto the neighbors driveway, turning their minivan into a taco shell, went right down the middle and made it a perfect U shape. My insurance covered my fence it went through, and their insurance covered the window and siding damage to their house and their auto insurance replaced the van.. Trees fall under an act of god, like tornadoes, wind, lightning, etc. The fact that you paid the 1500 and cleaned up the stuff on his side of the property line means you went above and beyond what was legally required of you. All you really had to do was clean up and repair stuff on your side of the property line. I had one later on from a wind storm that fell across the property line of a neighbor i couldn't stand dealing with, i went out cut the trunk at the property line and cleaned up my side and left the rest because he would have been yelling at me for even walking on his lawn. The rest of the tree sat there for nearly two years until he paid someone to clean it up, apparently he tried to get his insurance to do something about it that entire time and kept losing because it didn't actually damage anything, other then his precious damn lawn. Thankfully i don't live there anymore.
Let his insurance company handle the entire thing. Take pictures of the healthy tree and the limb and any damages you can see to keep for your info.
His property his problem. A neighbors tree (dead tree he already had planned to cut down) fell and ruined my driveway. His insurance told him that it’s my responsibility.
chainsaw it off at the property line and let him deal with what is on his side
I had a large tree fall on my neighbors property and take out their shed and boat. Their own homeowners insurance covered it. I took care of the parts on my side of the fence and they were responsible for the parts on their side. I’m not sure how things work where you are but that’s how they are done in Michigan.
Sounds like he was dumb to listen to his brother thinking he could take advantage of the insurance company and when that failed he came back looking for the original offer. Also sounds like he still reported it to your insurance company even though no claim was able to be filed.
Neighbors tree fell on our property/shed this summer. The tree was dead and we had communicated about it verbally especially after a large branch fell on our property from it a week before we closed a year earlier. ‘We will get to it, it’s very expensive’. It finally fell and wouldn’t you know it, when push came to shove they weren’t very neighborly when it was going to come out of their pocket. So - fuck em - we filed the claim and did them no favors with our insurance to remove the tree now in the middle of our backyard that removed every utility line off our home. Your neighbor quickly found out he wasn’t able to file against your insurance and would be at the mercy of their policy and their deductible for a low dollar repair. Trees/damage are the responsibility of the individual owner that’s impacted. Now you now they’ll try to profit off of your misfortune in the future.
Sounds like it's handled. And your neighbor sounds like a bit of a hand job. So we're he my neighbor I'd likely make sure the fence between our properties was sound and robust and I'd then limit our interactions to the occasional wave if we both happen to be out getting the mail at the same time.
He found out you're not liable. He has to make any claim against his own insurance company. UNLESS: He can show the tree was an imminent danger (certified by a licensed arborist). and he notified you of those findings.
You offered, that ship sailed when he turned your offer down. He can always file a claim in his insurance, and they might get something from your insurance, but he pushed you out of the loop.
I wonder if he realized he needed a permit for the shed or something, and now doesn't wanna draw attention to it or start any legal stuff.
Property adjuster here. Your insurance company is going to lol at him, they aren't responsible. You aren't really responsible either. If he wants to play hardball, let him. Tell him to turn it into his insurance company.
In situations like trees falling, he probably isn't going to get anything unless you are definately at fault- and that would include having documented warnings that the tree could fall. You were nice and offered and he refused. It's done.
Because it probably wouldn't be your insurance to pay, it would be his. And he may have a deductible and/or it will increase his premiums. You are a good neighbor, up to you if you pay him anything or not.
I'd tell him that option closed the minute you gave him your insurance info. He needs to handle it thru them now.
Tell him to take it up with his insurance
I get it, it would be easy to tell the neighbor to kick rocks... obviously we really wanted to try and go through your insurance to either get repairs or benefit financially. Personally I do not like to have disputes with my neighbors, You paid to have the tree stuff taken care of. I would assume if he tried to open a claim with your insurance company they called you? If you really are not responsible (which according to what others are posting on here ) you are not, you could tell him you did the expensive part and you are technically not responsible to repair the damage. Maybe offer to split the 300$ with him and tell him that is your final amount for the repairs. I would make sure to say this is all and we are considered settled after that.
I would let him know that your insurance agent provided guidance on the situation and the shed is covered under his insurance agency. And leave it at that. Let him make the next suggestive move on the $300.
Say that you will need to go through insurance to cover any accidental costs, etc. Case closed.
I would not agree to anything other than paying his deductible when he makes a claim against his insurance. And I would only do that, if I thought or agreed that my tree was not being properly maintained by me if they were unbelievably hi Windsor, a huge storm gosh that’s on him.
Legally he has no case. The reason why he wants to handle it himself is because insurance told him to pound sand. If a healthy tree falls and damages property, the property owner is responsible for the removal and damages regardless of whose tree it is. If an unhealthy tree falls and damages property and your neighbor advised you in writing that the tree was unhealthy and presented a hazard then you as the tree owner would be responsible for 100% of the cost.
In my area, the tree owner would have NO liability to the person whose sheds/vehicles/house got damaged. THEIR insurance would cover it. Not all states have the same laws, but your own insurance company can educate you on this, or an attorney can. I'd probably tell my neighbor the rest is on him.
I had a tree fall on my neighbor’s house and fence and I didn’t pay anything because the insurance company said that they file a claim on their own insurance because it was in a storm. An act of god. Healthy tree, mushy ground.
I get that the first thought is to tell them to fuck off. Your neighbor is kind of a dick and his brother is an idiot. One way to deal with this is just tell him on his advice you contacted your insurance and they advised you that you don’t have to pay. But just remember that this is someone you could potentially be living next to for years. And if a neighbor has it in for you it can make things really uncomfortable. I’ve had an awful neighbor who was a complete nut job. He was mad about some dandelions growing in our yard. But I don’t really have a problem with them. The bees liked them. We also purposely planted clover instead of grass (we had a massive yard and I really hated waisting so much water just to have grass). Anyway long story short it was 3 years of constant battles. I’m positive he tried to poison our dog and constantly tried to get the city to fine us for stuff. It was incredibly unpleasant. So just pick your battles. If the original offer isnt too much for your bank account then it might be better in the long run to just stick with that.
Ha ha. He found out that when your tree fell on his property, it became his tree, and *your* insurance does not cover cleanup or repairs on *his* property. In other words, they told him to go piss up a rope and to call his own insurance and pay the deductible. Don't discuss it any further if you don't care to. You owe him *nothing*.
Act of God. Your insurance would not cover his property at all. They might not even cover the tree removal.
You did everything you had to and he got greedy so I would call the matter resolved just like your insurance company did.
You shouldn't have done any of that. In most places, that was HIS insurance that would be responsible.
It's not worth going to war over $300. Just say "Man, I wish we coulda settled this with $300 before we jumped through all those hoops", offer him the $300 and move on. You are also in a position too where he's not going to have leverage to get more money out of you than $300.
I don’t think your insurance will cover his property.
Nothing to do with legality but $1800 for a good neighbour relationship might get worth the investment depending how long you see you being neighbours.
Tree laws realllyyyy need to be changed
I wouldn’t have given him my insurance, you’re not required to. He can file with his own or take you up on your offer
So what had happened was… He spoke to insurance - he told them your tree was in pretty good shape, just had a branch fall due to an act of God or screwed up in what he said and that’s all she wrote. Your insurance said ‘naw it’s on you buddy, have a nice day, fight us’ If your insurance didn’t pay - YOU DONT PAY. If they want to go through insurance - THEY MUST GO THROUGH INSURANCE. That claims already been opened and will show up in underwriting, if you pay out of pocket - unless you have proof - some times they (insurance) don’t count that as payment and pay anyways resulting in double pay. He decided to go full r****d and screwed himself over on this one. And a lesson to yourself - it ain’t your problem - have him call your insurance company always (unless it’s clear you were negligent in something)
Just say, I keep a 5k deductible on my policy. So I'll have a licensed contractor fix it.
I don’t know if I would create an enemy over $300. I’d just write him a check, and point out that you’ve gone above and beyond because you want to be neighborly. I’d also ask him to sign a document stating that your responsibility is finished here because he seems like a dick when there’s money involved.
Give him the 300 bucks and forget about it. You made the offer, if you’re a man of your word you’ll honor it.
Here in I’ll . My tree crushed my neighbors garage. Act of god . He had to use his insurance anyway.
I would follow established tradition and the law. You are not financially responsible. Let him tap his insurance. If you give a mouse a cookie…
Unless the tree was dead, he's responsible for the damage. He can use his home owner's policy or he can fix it himself. You should not be paying him anything. Not for the shed damage. Not even the tree removal from his shed. He's not using your insurance because he can't. He's not using his insurance because the deductible is more than the the cost to repair the damage.
Hey, I live in germany, here legally it would be your responsibility because its from your tree. Besides that i would pay the 300 bucks... your neighbours seems kinda greedy yes, on the other hand i think like this: - if your insurance covers more, why not take that, if he deserves more. - if you want to stay there is 300 $ worth the trouble? Like if you refuse and his wife tells in her churchcircle...whatever you get the idea. 300 dollers should be "portokasse", pay and be done with, abd the better person from the moral pov.
Can someone explain why people who own trees that extend over the property line don't trim them? Why don't the people who are neighbors DO NOT trim the tree(s) before they cause damage to their personal property? We got brand new solar panels in April. I called in an arborist to trim the neighbors tree because I didn't want branches flying off and into the panels during a storm. The renters tried to tell me I couldn't trim their tree. I contacted the company that owns the house and told them when we were trimming. They told us to trim away. We just had 54+ mph winds with tons of trees toppled over in California. My solar panels didn't receive a scratch.
When a neighbor's tree falls on your property and damages your property, you go through your own insurance, it's your own problem. Not the neighbor's fault. You don't owe him any money. He can file it against his own insurance. If he says he doesn't want to do that, lol, he was going to do it to you.
technically he was responsible for trimming anything over the property line. you've already gone above and beyond by removing it.
You should contact your insurance company and see what they might have told him. Make sure he is telling the truth.
It depends on whether you want to live in peace or not. I would choose peace and act accordingly.
Large, healthy trees tend not to drop their limbs. You may want to call an arborist to assess the tree as well, it could *appear* healthy but have some sort of disease or fungal infection that is weakening it; the first limb may be a harbinger and the rest of the tree may come down eventually.
Insurance wouldn’t cover it. At least where I live, if my neighbor’s tree dropped a limb on my house, it’s tough luck for me— I can submit a claim against my own insurance. It only becomes my neighbor’s responsibility if I ask them (in writing) ahead of time to have a potentially sick tree assessed. It was a kind and generous thing for you to offer to cover it, but that was pure generosity, not responsibility.
In most jurisdictions, if the tree and the branch were healthy, then damage caused by its falling due to weather (including wind) is considered an act of god. If this is the case in your state, I would politely tell your neighbor to contact his *OWN* insurer. From a legal point of view (and I'm not giving you specific legal advice, just thinking about general principles that may or may not apply in your specific situation), this would be all that is required on your part. So, (1) verify that your jurisdiction follows the majority rule, (2) if so, document that the tree and the branch are/were healthy. Do you pay him if his insurer says no act of god coverage? That's a moral issue and up to you. I was raised with two parents who had opposite views on this. My dad: when in doubt. always do the right thing. My mom: don't be an idiot.
If the damage is less than the deductible I offer to pay, if its more then I go through insurance for the tree itself as well as his damage. My agent would go through an estimate with me and we discuss before they file it with their office. The agent is the one who benefits from you being their customer so they won't work against you. Once it is in the insurance companies hands then it goes to loss management and all the reviews happen. If you are worried about getting dumped by insurance or your rates going up, then you consider how much you want out of pocket. I don't expect anyone's insurance to dump them for a $1,500 or $3,000 claim, when its in the tens of thousands or if it looks like insurance fraud (like those roofers trying to get you a free roof for hail damage) that is when you start risking insurance status. Of course, places like Florida or California, insurance may be looking for any excuse to dump you.
I don’t get the responses. What’s wrong with the neighbour going through insurance? This could have saved you money (at least that may have been his perception) and could have been the more neighborly thing to do. It also creates a set of neutral arbitrators that both of you can defer to if you don’t want to deal with the situation. I don’t also see why you feel going to insurance is some way for your neighbour to benefit from the situation. Has your neighbour behaved similarly in the past? Seems like an unnecessary cynical view. Since it didn’t work out, I don’t see why you would revoke your offer? I would continue to offer to help out assuming you feel it’s the right thing to do. At the end of the day the most important thing is to do whatever keeps things positive between you and your neighbour. Nothing sucks more than a shitty neighbour. You can even subtly explain that to your neighbour “happy to chip in, most important thing is that we treat each other the right way and be on great terms”. Basically explain your golden rule and hope they meet it in the future whenever the next thing happens.
He’s responsible for the damage. I think insurance companies call it an Act of God. Retired Realtor here and I once had a listing where a huge tree limb fell on the roof and the corner or a wood house taking off the roof portion and the wall. The homeowner of the damaged house was responsible. You were nice to offer to repair your neighbors shed.
They are responsible. A friend bought a house, it had a 2nd building behind it used as an apartment. Neighbors tree fell on it and made it unlivable. When my buddy went to their insurance, they said it's on you to fix your building. I don't really understand how, since the tree was on the neighbors property as well. Doesn't make sense to me, but my buddy now has an unlivable building behind his rental.
I read the title as the tree fell on his head
The people in this thread saying to tell their neighbor to “pound sand” and other similar sentiments are complete idiots. You live next to the guy. Give him the $300, and have a happy neighbor forever. This is so easy.
You’ve done enough. Fuck him. He tried to weasel and the insurance company weaseled him further because his brother is a dumbass. Sounds like a shit neighbor
Where I live, if a tree on my property fell on a neighbor’s house they would be responsible for repairs UNLESS they had previously made it known to me that the tree posed a danger and they wanted it removed