Attorney or Want to be Attorney Advice Needed- neighbor's Tree Fell in My Yard

[Cruisers460]

Some years back after a good windstorm, tornada, hurricane etc, someone at the insurance commissioner's office said it very simple. WHERE IT LAYS, PAYS.

 

[boomer]

When a tree from your neighbor’s property falls and injures someone or causes damage to your property, if the neighbor should have reasonably known that the tree was dead or diseased either because a) the fallen tree showed visible signs that the tree was dead or had a disease, for example, if the tree had no bark or no leaves in the summertime; or b) if the owner of the tree received written notice from an arborist, building tenant, or another third party that there was a problem with the tree before it fell, then he or she would likely be responsible for paying damages.

As a general rule, if your neighbor should not have reasonably known there was a problem with the tree before it fell, you are responsible for removing the fallen tree from your property.

The best practice is to send the neighbor a letter via registered mail return receipt that a tree is dead on their property and constitutes a hazard were it to fall along with photos - then the hazardous tree is documented in advance.

You could sue your neighbor in magistrate court and the insurance company would have to defend her and might offer you a settlement to avoid incurring legal expenses.You could hire an attorney that would send her a letter threatening to sue and she might offer a settlement amount to avoid the suit. I am not a litigious person by nature and as such I would advise you to just cut it up and haul it off or burn it and fix your fence at your expense without notifying your insurance carrier. It is unlikely your insurance carrier would subrogate against the neighboring property owner's insurance carrier and even though it was not your fault the claim would be on your record.

^^^THIS^^^

 

[The Southern Gentlemen]

Some perspective for you, the trunk is next to the bobcat and that ain’t no small cat!!

 

[Zeeman]

Unfortunately, in Georgia - it's your problem. I've been down this road twice. A lawyer may have a different view since the fence was damaged (and he wants to get paid). Google "Georgias fallen tree law"

When we lived in GA just 2 years ago, my insurance paid for damage to our fence and to have the tree removed.

 

[Zeeman]

I was a liability insurance claims adjuster for 11 years before I changed careers. You are late in the game to be looking for money now. If the tree was healthy and a storm blew it down it is an act of God and no liability involved.

If the tree was dead and you own the fence. You could make a case for the damage to your fence because the tree owner was negligent in not taking the dead tree down knowing it was a hazard. You would need some type of proof ( photo's ) that the tree was dead but still upright prior to you asking your neighbor to take it down before something happened.

As it stands, you appear to have no proof if the tree was alive or dead when it fell on your fence.

It's obvious now that the tree was dead. There is still a 20 foot part of the tree still rooted and standing in the yard. There is a yard boy that takes care of the property, janitors clean the inside and outside patio areas near the tree, and the owner visits periodically. That's why I say the owner should have known it could fall and should have taken care of it.

 

[Zeeman]

So you’re fixin to sue her for not paying a bill that you haven’t sent to her yet?

Yes. I told her I would send her a bill, and she said she did not need one. I said I'd send her one in a few days.

 

[Zeeman]

If she didn’t pay to fix my fence, she would pay a hellofa lot more than what the fence cost.. later down the road.. it would also be an ACT OF SOMEONE.. but not you of course.. piss on insurance companies and lawyers.. make her prove the house caught on fire because of you

I hear you. I'm pissed too. We have been very lenient about all the late hour noise coming from the house but no longer! I don't want to have a dispute but sometimes you just have to. The police will be called every time there is a disturbance.

 

[Zeeman]

Yes, been working on it a while, but not steadily. Believe me, I'd love to throw it all back on her side, but I haven't. I'm 65 yo but still pretty strong. I can't hoist pulpwood like I used to do up and over our fence.

you have been working on the tree for several months, hope your throwing all the cutting back into her side of the yard.

 

[Zeeman]

Interested to see how this turns out. Keep us posted. I had been working a lot at the time and didn't know about it. My neighbor informed that a tree from my property had fallen and messed his fence up. I immediately went to work on it that day. I removed the tree and fixed the fence in the same day. My neighbor apologized because he didn't know who he was dealing with, his words. I happened to be off that day

That's what GOOD neighbors do. I would have fixed her fence and offered to get the tree out of her yard if the dead tree was from my property (assuming insurance would not pay). You might have guessed that these partying folks don't have the same values as I/most people do.

 

[Cadcom]

When we lived in GA just 2 years ago, my insurance paid for damage to our fence and to have the tree removed.

Must not have had State Farm. That bunch wouldn't pay since it was the neighbors tree. If it was mine or had hit my house - they would have.