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In the United States at least, no one is held liable for acts of nature. If a tree fell on your property whether from your yard, your neighbor's yard, blown in from some national forest down the street or some other yard due to a natural occurrence you are responsible for the removal of debris on your own property. You may be covered under your own homeowner's policy for the damages and removal depending on the circumstances and on your insurance coverage. In many states, the tree must damage a structure for the debris removal to be covered. In almost all cases in the U.S. barring some proven negligence it is our own responsibility. The average homeowner is not expected to be an expert on trees.
Bear in mind, these rules may be different in other countries.
Another Perspective:If you had notified your neighbor, preferably in writing, of the possibility of damage from the tree and requested to have the tree trimmed or removed due to a dangerous condition then the neighbor may be liable for damages. A tree owner must act reasonably to prevent trees from damaging the neighbor's property.If your neighbor's tree is in a dangerous condition, you should send the letter by certified mail to the neighbor (and if possibly 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. Ignoring a damaged or unhealthy tree could create liability. Acts of nature are beyond our control. However, a tree owner must act reasonably to prevent trees from damaging the neighbor's property.
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 you are legally liable to pay" in the liability section of the policy.
This is general in nature and should not be used in any specific case or tort. Each carrier and each jurisdiction may have varying opinions in this area.
Usually, reasonable people will discuss such an issue and maybe even help each other. Technically, the tree is the responsible of the person who has the tree growing on their property. But it is a lot more neighborly to help clean up the mess, even if it is not your tree. In many jurisdictions the property owner is responsible for the removal of the portion of the tree that is lying on their property from storm damage. If the tree hits your house your own insurance pays for the removal and damages. However, a question of negligence may be raised if you have notified the owner of the poor condition of the tree and you may try to hold the tree owner liable for the damages. Homeowners shouldn't be able to ignore the danger a diseased or weakened tree may do to a neighbor's property. Ask your insurance company to explain your rights and your liability in your state.
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Who is responsible for tree removal if our neighbor's tree fell over from a wind storm but got hung up in our trees and is not on the ground?
Nobody is liable for an act of nature. You are responsible for the portion of the tree that fell on your property. Your neighbor is responsible for the portion of the tree on the neighbors property.
A tree fell on your car at a friends house but they say the tree is on the neighbors property how can you prove whose property the tree is on?
It does not matter who the tree belongs too because neither one is liable for the damage to your car. A property owner is not liable for an act of nature and homeowners insurance does not cover automobiles. Your comprehensive auto insurance will cover your vehicle for damage from an act of nature.
A branch from your tree fell on your neighbors truck are you liable?
NO, Nobody is liable for an act of nature. You would not be liable for damage to vehicle resulting from a falling tree limb. Your neighbors comprehensive auto insurance will cover the damages. You would only be liable if someone had warned you that the branch was dangerous and you took no heed.
Who pays if your tree falls on neighbors uninsured vehicle?
That's what auto insurance is for. Your neighbors auto insurance will have to cover his damages. In the United States. A property owner is not liable for acts of nature. It's no different than if his own tree fell on his car or if he was parked on a public street or if a tree was blown in from a national Forest down the road. No One is liable for an act of nature.
Husband cut tree and fell on neighbors shed we just got the house in our name and don't have house insurance what will happen?
If your husband was cutting down or trimming a tree and the result was damage to your neighbors property, that would indicate direct liability. You and your husband are liable for the cost of damages he caused.
If a neighbor's tree fell on your property who is liable in NZ?
Unless you can prove that the neighbor was negligent by not removing the tree then your insurance pays for your damage. For negligence to occur the neighbor would have to know that the tree was dead and about to fall on your property. Usually you would have had to notify your neighbor in writing of the tree's impending falling for them to be liable.
Neighbors tree fell on your house who is liable?
Barring some provable negligence, Nobody is liable for an act of nature. Your home insurance should provide coverage for a natural hazard such as this, Likewise if your tree fell on your neighbors house, the same would apply. The neighbors insurance would take car of the neighbors house.Depends on a lot of things. Generally, the tree is considered part of the land. Where it falls is who is initially responsible for the damages. From there, it gets legal depending on multiple factors.
Who is responsible to remove a tree that fell into my yard when the property it fell from is a foreclosure?
Each property owner or your insurers will be responsible for removing that portion of the tree that is on their own property. A property owner nor their Insurer is liable to another for acts of nature unless it can be proven that they were negligent in some way.
Who is liable when a neighbors tree falls?
It depends on what made the tree fall. If the tree is dead, then the owner of the tree is liable. If a tornado caused it to blow over it is considered a natural act and no one is liable.
Who is liable for tree root damage?
owener of property tree is on The owner of the property where the tree is on.
Who is liable for tree due to storms in neighbors car?
No one is financially liable for acts of nature.
Who is liable when your neighbors rotten tree falls on your house or car falls on your property?
In general, Nobody is liable for an act of nature. Your auto insurance comprehensive coverage would cover damages to your car. Your homeowners insurance will cover damages to your home. The neighbor would be liable only if your can prove the neighbor knew the tree was rotten and posed a risk. If a car falls on your property, that would mean a tornado picked it up and it fell on your home. You insurance would cover that damage.
