If one's neighbor's tree falls on his property
If one's neighbor's tree falls on his property
If one's neighbor's tree falls on his property who is responsible for its removal?
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- Little Oriya
- Posts: 1
- Joined: Nov 25th, '10, 16:13
Re: If one's neighbor's tree falls on his property
If a tree fell on your house whether from your yard or some other yard due to a natural occurrence you should be covered under you own homeowners policy for the damage.
If your neighbor's tree is in a dangerous condition, you should send the letter by certified mail to the neighbor (and if possible to their insurance company and yours) stating that they need to cut the branches or remove the tree to avoid any potential damage to your property. You should take some photos and keep them with a copy of the letter and the green card.
Generally, if the tree was damaged by a storm, you are responsible for the portion that lies on your property and you should be covered under you own homeowners policy there is an "if" to that question as with many insurance issues.
1- Your insurance company would not pay for damages to the neighbor simply because you have no legal liability to the neighbor for the act of nature that caused the loss. Your first party insurance is specific to you and your property, not his.
2- If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor of the dangers you would have had a duty owed to the neighbor to abate that danger or hazard. Your failure to abate the danger would be the causal relationship to his damage.
3- In the above case, the insurance carrier would possibly pay for the damage to the neighbor out of the liability portion of your policy. The reason for this is the verbage, "we will pay all sums your are legally liable to pay" in the liability section of the policy
If your neighbor's tree is in a dangerous condition, you should send the letter by certified mail to the neighbor (and if possible to their insurance company and yours) stating that they need to cut the branches or remove the tree to avoid any potential damage to your property. You should take some photos and keep them with a copy of the letter and the green card.
Generally, if the tree was damaged by a storm, you are responsible for the portion that lies on your property and you should be covered under you own homeowners policy there is an "if" to that question as with many insurance issues.
1- Your insurance company would not pay for damages to the neighbor simply because you have no legal liability to the neighbor for the act of nature that caused the loss. Your first party insurance is specific to you and your property, not his.
2- If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor of the dangers you would have had a duty owed to the neighbor to abate that danger or hazard. Your failure to abate the danger would be the causal relationship to his damage.
3- In the above case, the insurance carrier would possibly pay for the damage to the neighbor out of the liability portion of your policy. The reason for this is the verbage, "we will pay all sums your are legally liable to pay" in the liability section of the policy
Re: If one's neighbor's tree falls on his property
HOW IS THIS RELATED TO ORISSA?