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

[Zeeman]

If you don't mind, I need some advice on how to handle a large, dead pine tree that fell across my fence and into my yard. Here are some details. Please respond if you have experience in this situation or have experienced it yourself.

• This tree was (part of it still is) in the person's yard who lives next to me. The house is a air b&b or whatever you call those places.
• It is mostly a party house and has been a problem in the neighborhood since it was sold to a local realtor.
• My insurance company won't cover the removal and fence mending because the owner should have taken the dead tree down.
• My insurance company said it was okay to start working on the tree to get it off the fence and out of the yard.
• I contacted the owner and she said it would be taken care of if I sent her a picture, which I did.
• I took lots of pictures and started work (on and off) for several months.
• Now, it's been a while since I heard from her, so I sent a message saying I needed the job finished and I would send her a bill.
• She wrote back that her insurance company won't pay since it was an act of God.
• I wrote telling her that I would send her a bill anyway, in case she wanted to pay before we go to court.

My thinking is that if she had taken care of the dead tree before it fell, I would not be in this situation. Also, if it fell on her house, or in a commonly used area of her backyard, she would obviously have the tree removed. So why not remove the part that fell in my yard?

What are your thoughts, or suggestions? Thank you very much.

 

[Cadcom]

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"

 

[emptyMAGS]

If you don't mind, I need some advice on how to handle a large, dead pine tree that fell across my fence and into my yard. Here are some details. Please respond if you have experience in this situation or have experienced it yourself.

• This tree was (part of it still is) in the person's yard who lives next to me. The house is a air b&b or whatever you call those places.
• It is mostly a party house and has been a problem in the neighborhood since it was sold to a local realtor.
• My insurance company won't cover the removal and fence mending because the owner should have taken the dead tree down.
• My insurance company said it was okay to start working on the tree to get it off the fence and out of the yard.
• I contacted the owner and she said it would be taken care of if I sent her a picture, which I did.
• I took lots of pictures and started work (on and off) for several months.
• Now, it's been a while since I heard from her, so I sent a message saying I needed the job finished and I would send her a bill.
• She wrote back that her insurance company won't pay since it was an act of God.
• I wrote telling her that I would send her a bill anyway, in case she wanted to pay before we go to court.

My thinking is that if she had taken care of the dead tree before it fell, I would not be in this situation. Also, if it fell on her house, or in a commonly used area of her backyard, she would obviously have the tree removed. So why not remove the part that fell in my yard?

What are your thoughts, or suggestions? Thank you very much.

 

[Control for Smilers]

Unfortunately, in Georgia - it's your problem. I've been down this road twice.

same.

 

[yardboss1]

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.

 

[JekyllTidesFisher3181]

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.

Damn, kick 'em when he's down! Joking, but although it may not be what OP wants to hear, this is very well stated.

 

[The Southern Gentlemen]

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"

This, been down the same road. It’s your fence your insurance has to pay. The only way for them to pay is if you had given them written notice of the dead tree and they neglected to take care of it.

 

[Mr. Goodbar]

A fence ha, my brother had his neighbors tree fall and destroy his house and still was all my brothers issue not his neighbors, be lucky it’s just a fence

 

[Wombat7]

Act of god unless you legally documented it being a hazard. I believe repairing the fence and removing the tree is up to you.

 

[The Southern Gentlemen]

A fence ha, my brother had his neighbors tree fall and destroy his house and still was all my brothers issue not his neighbors, be lucky it’s just a fence

How’s that coming BTW haven’t seen any updates