So my brother is laws boat was parked along the property line. During one of the recent storms a branch from the neighbor broke off and fell on the boat. It did a lot of damage. So now the fun begins. Does the homeowners insurance of the neighbor pay or does his pay. Or does the boat insurance pay. I am not sure if the boat was insured. I am assuming the tree was healthy and the branch was not "dead."
So with limited information what are your opinions?
Was the tree rotten or untrimmed? Was there some negligence on the part of the neighbor? If not, it's an act of God and either your brother's homeowner's or the boat insurance (if any) will cover it. It's only the neighbor's fault if the neighbor was negligent somehow.
Many people are surprised to find out that when a neighbor's tree falls on their house or car, it is their own insurance -- not their neighbor's insurance -- that pays for the damage.
"It's most often your problem, not your neighbor's," said Janet Scott-Buckley, an insurance agent at Harrington Insurance Agency, in North Andover, Mass. "You have to file a claim with your homeowners insurance company, and the usual deductible applies.
"Unfortunately, tree falls can cause friction between neighbors because of the lack of understanding of who is responsible for paying for the damages."
Likewise, you're generally not responsible for any damage that your falling tree causes to your neighbor's property. However, some exceptions apply, Ms. Scott-Buckley explained.
"Let's say your neighbor's tree is rotted and in danger of falling," she said. "You asked your neighbor to remove it, and the neighbor refused. One day it topples and hits your house. Then you'd have a good case that your neighbor is responsible for the damages."
[This message has been edited by Formula88 (edited 12-19-2014).]
Remember, Steve...we live in a liberal world now. Its the boat owners fault (and he pays) because when he parked the boat there he should have KNOWN a storm could come up and knock a limb off, so its his own negligence (NOT the tree owners for failing to keep his tree within his property lines)
Was the tree rotten or untrimmed? Was there some negligence on the part of the neighbor? If not, it's an act of God and either your brother's homeowner's or the boat insurance (if any) will cover it. It's only the neighbor's fault if the neighbor was negligent somehow.
That's good to know, there is a tree on my neighbors property that in 2012 before I bought the house damaged the roof and was repaired. The tree is still partly dead and still threatening my house.
Not a chance, even in the most liberal and suit happy of areas in this country. 1. Storm caused--no one can be held responsible for a storm or the damage it causes. My roof blows off in a tornado or hurricane and lands on a car on the highway or a house down the road--no liability on my part or on my insurance company. 2. Trees are not deemed movable property--boats are. 3. Tree was there when he parked the boat--see #2. 4. For the neighbor's HOI to pay, the boat wold have to be parked on neighbor's property with neighbor's permission and knowledge. 5. Even if there was a known problem with the tree (rotten or leaning) see #2.
For me it's simply a call to my insurer and let them figure it out. Tell us how it turns out though. My neighbor has a giant oak tree that if it fell over in a storm would do massive damage.
As Don said unless the tree was dead and decayed the boat owner is responsible. In what world would it be right to hold the neighbor responsible for an act of nature, funny how some people try to politicize everything.
As Don said unless the tree was dead and decayed the boat owner is responsible. In what world would it be right to hold the neighbor responsible for an act of nature, funny how some people try to politicize everything.
Its your tree. "god/nature/whatever" has nothing to do with it.
Your tree hits my house, you are paying, one way or another.
In most states the rule of 'if the apple falls on your side of the fence, it's yours' applies, so to speak. Any vegetation that extends over the property line belongs to the owner of that property and may be trimmed or disposed of, except in a case that would be so severe as to kill the main body of the plant.
If a weather event should bring down a limb and it falls on the neighbor's property, the resulting cleanup and damage is that neighbor's burden, IF the tree had an outward appearance of being solid and healthy.
On the other hand, if the limb in question was dead, and no other limbs were broken away from above the damaging limb, then the burden would lie on the shoulders of the person whose property the tree is rooted upon. That property owner may also offer in his defense that the neighbor suffering damage could have trimmed the limb at the property line since he legally owned that portion.
For me it's simply a call to my insurer and let them figure it out. Tell us how it turns out though. My neighbor has a giant oak tree that if it fell over in a storm would do massive damage.
While I agree with Maryjane, the first step to getting this settled is to call your insurance. I assure you, if they can pass the problem on to the tree owner's insurance, they will.
------------------ Ron
Isn't it strange that after a bombing, everyone blames the bomber, his upbringing, his environment, his culture, his mental state but … after a shooting, the problem is the gun?
My Uncle Frank was a staunch Conservative and voted straight Republican until the day he died in Chicago. Since then he has voted Democrat. Shrug
Its your tree. "god/nature/whatever" has nothing to do with it.
Your tree hits my house, you are paying, one way or another.
IF it just falls simply because it was known to be rotten and nothing was done about it--maybe, but a storm blows a healthy tree down? Think about that a minute.
A tornado or straight line winds comes thru a town, and trees and objects from hundreds of residences are impacting other residences and businesses. A hurricane comes along and that # grows to 10s of thousands. Sue 50 people because parts of their home or tree limbs from their home blew into your home? Not gonna happen. There would be millions of lawsuits with each insurance co suing another, and it simply does not happen. At best, the neighbor whose property the tree was growing on would be liable for removal of the tree from the neighbor's yard.
In a hurricane, on a coastal community, it isn't the direct effect of wind and water that causes the devastation to homes and businesses hundreds or thousands of yards inland. It happens thusly--The wind drives water onto the coast, and as the water follows the bottom, huge waves appear. Those waves, 15-30 ft high at what wa the shoreline, demolish the first couple of rows along the beachfront. The debris and contents of those structures are thrown inland. The further you get from the beachfront, the smaller the wave are in height, but they are carrying all the debris and contents from the homes nearest the beach. It's this debris thrown again and again by each succesive wave tha destroys all the houses further inland. By your analogy, the homeowners nearest the beach would be held liable for the destruction, property damage and even loss of lives of those homeowners further inland. That, is a non-starter. No judge would entertain that liable suit, much less take it to trial.
Originally posted by maryjane: IF it just falls simply because it was known to be rotten and nothing was done about it--maybe, but a storm blows a healthy tree down? Think about that a minute.
I dont care if its healthy or not. If your tree hits my house, you will pay.
I dont care if its healthy or not. If your tree hits my house, you will pay.
You might want to check with your insurance company on that.
------------------ Ron
Isn't it strange that after a bombing, everyone blames the bomber, his upbringing, his environment, his culture, his mental state but … after a shooting, the problem is the gun?
My Uncle Frank was a staunch Conservative and voted straight Republican until the day he died in Chicago. Since then he has voted Democrat. Shrug
You might want to check with your insurance company on that.
I could care less. You will pay if i have to take it from you myself.
The last time a tree limb fell in my yard due to storms i went next door and told them 'You will remove your crap from my yard'. The next day it was gone. I wasn't asking. Your kids toss a ball in my yard, i will walk over to the fence, let them see me destroy it and then i call the police on you for littering. ( which i have also done )
I am not a friendly neighbor unless you leave me the hell alone.
As Don said unless the tree was dead and decayed the boat owner is responsible. In what world would it be right to hold the neighbor responsible for an act of nature, funny how some people try to politicize everything.
Doesn't even matter if it is rotten, cracked, hanging and leaning dangerously or anything else you can come up with. Doesn't matter how obvious it seems. The ONLY way the neighbor will have to pay is if it was declared dangerous in writing by a licensed tree man, arborist etc. and the property owner is presented this finding in a verifiable way, such as certified mail. Even then, there has to be a reasonable amount of time to have it taken care of between the notice and the incident.
I have seen many people that are very surprised and angry to find this out.
I would be very surprised if the boat owners home owners policy will cover it either. I had two cars crushed at once by a single fallen tree.
Well, id start with ( their ) insurance company first. I may be a prick, but i am fair.
Based on your responses to this thread, I'd say that's a fair description. Hopefully someday you'll have a neighbor with the same attitude you have. That should be interesting.
Not trying to start an internet squabble, just an observation.
I try to treat my neighbors as I want them to treat me. I don't bother them and they don't bother me. If my stuff blows into their yard, I'll go pick it up but, I don't mind picking up their stuff and putting it back on their property when the wind blows the other way. Most likely won't be where they want it but, it's off of my property and that's my biggest concern. My dogs used to go over and visit my neighbors, they were scared of one of them. He's a 150 lb. Bullmastif. Couldn't afford a fence for a couple of years but, as soon as I could, I put one up. My dogs, my problem. Don't get me wrong, when I win the lottery, my neighbors will be at least a half mile away but, until then I try to get along most of the time.
Edited: In reference to the tree/boat question, had that been my tree, my second call would have been to my insurance company to see if they would pay for the damage. If not, I'd still feel obligated to do what I could to remedy the issue. But, I still think it's the boat owner's issue, he had a choice as to where he parked that boat. ------------------ Ron
Isn't it strange that after a bombing, everyone blames the bomber, his upbringing, his environment, his culture, his mental state but … after a shooting, the problem is the gun?
My Uncle Frank was a staunch Conservative and voted straight Republican until the day he died in Chicago. Since then he has voted Democrat. Shrug
[This message has been edited by blackrams (edited 12-20-2014).]
Well, id start with ( their ) insurance company first. I may be a prick, but i am fair.
So long as you don't go crying when its your responsibility to pay for restitution, then you would be considered fair. Most people only like or expect a one-way street.
I agree on the tree owner. Go to him first for his insurance. Then go to yours and let them fight it out. I see a lot of small claims court issues just like this and the tree owner almost always ends up paying for the damage.
IF it just falls simply because it was known to be rotten and nothing was done about it--maybe, but a storm blows a healthy tree down? Think about that a minute.
A tornado or straight line winds comes thru a town, and trees and objects from hundreds of residences are impacting other residences and businesses. A hurricane comes along and that # grows to 10s of thousands. Sue 50 people because parts of their home or tree limbs from their home blew into your home? Not gonna happen. There would be millions of lawsuits with each insurance co suing another, and it simply does not happen. At best, the neighbor whose property the tree was growing on would be liable for removal of the tree from the neighbor's yard.
In a hurricane, on a coastal community, it isn't the direct effect of wind and water that causes the devastation to homes and businesses hundreds or thousands of yards inland. It happens thusly--The wind drives water onto the coast, and as the water follows the bottom, huge waves appear. Those waves, 15-30 ft high at what wa the shoreline, demolish the first couple of rows along the beachfront. The debris and contents of those structures are thrown inland. The further you get from the beachfront, the smaller the wave are in height, but they are carrying all the debris and contents from the homes nearest the beach. It's this debris thrown again and again by each succesive wave tha destroys all the houses further inland. By your analogy, the homeowners nearest the beach would be held liable for the destruction, property damage and even loss of lives of those homeowners further inland. That, is a non-starter. No judge would entertain that liable suit, much less take it to trial.
Sure, in a case of a disaster i can see it being different, but this isn't what we are talking about here. Lone tree falls from next door neighbor, its his tree, his fault.
Based on your responses to this thread, I'd say that's a fair description. Hopefully someday you'll have a neighbor with the same attitude you have. That should be interesting.
.
I hope so to, as i leave them alone if they leave me alone. I dont want friends, or trespassers. Soon however i will be back to status of no neighbor close enough to worry about.
The limb was on your property so it belonged to you.
Not if it was simply hanging over. Its still his property, but irresponsible ownership. But i assume most locations you could demand it trimmed ( or if the tree was so tall if it did fall over it had to strike another property.. their fault for not maintaining it )
I hope so to, as i leave them alone if they leave me alone. I dont want friends, or trespassers. Soon however i will be back to status of no neighbor close enough to worry about.
The next time you go stomping to your neighbors house and pounding on their door to demand they pick up a falling leaf that blew on your precious lawn, I hope they consider you an unwanted trespasser and have you arrested or you find an end of a gun barrel.
Sure, in a case of a disaster i can see it being different, but this isn't what we are talking about here. Lone tree falls from next door neighbor, its his tree, his fault.
Nope, it is not. I totally see why you and others feel this way but the key word there is "feel" the law does not agree.
The next time you go stomping to your neighbors house and pounding on their door to demand they pick up a falling leaf that blew on your precious lawn, I hope they consider you an unwanted trespasser and have you arrested or you find an end of a gun barrel.
All is fair.
I would actually yell over the fence, as i dont want to go near their sorry asses. And if they didnt, then i would take action required.
Any time i go to a persons door, its with police backup. Or i just send them over in my place depending on the situation, both so i dont have to deal with it and so its documented if/when things escalate. That hasn't happened since this spring however.
I wont even take a mis-delivered letter to them personally. That is our mail-carriers job. Wont even help them dig out in the winter if they are laying in the street, unless they are in my way. Not my friends, not my problem.
[This message has been edited by User00013170 (edited 12-20-2014).]
Sure, in a case of a disaster i can see it being different, but this isn't what we are talking about here. Lone tree falls from next door neighbor, its his tree, his fault.
Except, the tree didn't simply 'fall" and that's crucial in this case. The branch was (according to the OP) blown off or broken off during a storm--I assume wind storm tho it could also have been an iceing event.
quote
During one of the recent storms a branch from the neighbor broke off and fell on the boat.
Except, the tree didn't simply 'fall" and that's crucial in this case. The branch was (according to the OP) blown off or broken off during a storm--I assume wind storm tho it could also have been an iceing event.
same idea to me. I was just trying to separate 'random disaster debris' and 'targeted debris'. Poor wording on my part was all.
I would actually yell over the fence, as i dont want to go near their sorry asses. And if they didnt, then i would take action required.
Any time i go to a persons door, its with police backup. Or i just send them over in my place depending on the situation, both so i dont have to deal with it and so its documented if/when things escalate. That hasn't happened since this spring however.
I wont even take a mis-delivered letter to them personally. That is our mail-carriers job. Wont even help them dig out in the winter if they are laying in the street, unless they are in my way. Not my friends, not my problem.
You are a real puzzy, aren't you.
I'm sure the local police just love your sissy azz. Wasting their time like that.
You are going to be one of those grumpy shutins that die alone and buried in the county graves for the indigents.
There is a lot more people who waste tax dollars so why not you right?
same idea to me. I was just trying to separate 'random disaster debris' and 'targeted debris'. Poor wording on my part was all.
Understood.
I've had lots of trees and limbs fall on my property and cause damage, and I mean fall due to being rotten and dead--entire oak trees. Problem is, they belong to Federal govt--US Nat Forest. They got some funny laws and regulations about that. They won't clean them up, but according to published regs, I am required to throw them back over across my fence and into the national forest so they can decay and add back to the natural compost. I CAN cut live or dead overhanging limbs that are causing me problems driving down my access road, but again, I am not supposed to do anything with the limbs other than throw them back onto the federal land.
[This message has been edited by maryjane (edited 12-20-2014).]
I'm sure the local police just love your sissy azz. Wasting their time like that.
You are going to be one of those grumpy shutins that die alone and buried in the county graves for the indigents.
There is a lot more people who waste tax dollars so why not you right?
No luck.
1 - Assuming i die, ill be cremated not buried, and have a mausoleum bought and paid for. But thanks for playing. 2 - You have no actual knowledge of the reasons i call the cops in, so you really dont have a clue what you are talking about. They are always valid reasons: you screw with me, my property or my dogs you get cops called. If you persist you will be spending time in jail. If the cops felt it was un-warranted they wouldn't go over to deal with them now would they? Besides its a lot better than me coming over with a baseball bat and shotgun on the first incident, agreed?
[This message has been edited by User00013170 (edited 12-20-2014).]
I've had lots of trees and limbs fall on my property and cause damage, and I mean fall due to being rotten and dead--entire oak trees. Problem is, they belong to Federal govt--US Nat Forest. They got some funny laws and regulations about that. They won't clean them up, but according to published regs, I am required to throw them back over across my fence and into the national forest so they can decay and add back to the natural compost. I CAN cut live or dead overhanging limbs that are causing me problems driving down my access road, but again, I am not supposed to do anything with the limbs other than throw them back onto the federal land.
That is a bit different of a situation than a careless homeowner..
