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OP
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Lets say that you have a tree that is clearly on your property and the wind blows it down. It falls across the property line and damages your neighbors car. Who is responsible? Is it your problem because it was your tree or is it his because it's an act of God.
I don't have this problem but was discussing it with some friends and there were some different opinions.
What say ye...
Thanks,
Elwood
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Campfire Ranger
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Campfire Ranger
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I dunno! Probably depends on what kind of car he has.
NRA Member - Life, Benefactor, Patron
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Campfire Tracker
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Campfire Tracker
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It would depend on insurance. It can be seen as an Act of God or you can be held liable if he can prove it was ready to topple and was a hazard. You then neglected it. Don't take my word for it, I make chit up as I go.
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Campfire Ranger
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Campfire Ranger
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I'm going with an act of God.
4 out of 5 Great Lakes prefer Michigan.
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Campfire Regular
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Campfire Regular
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It's the owner of the tree's responsibility.
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Joined: Dec 2005
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Campfire Tracker
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Campfire Tracker
Joined: Dec 2005
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If it is in the projects I know the answer.
"What tree, I didn't see no tree?
I dunno nothin' about no tree.
Oh, THAT tree, uh, uh,
Why you think that tree belong to a brother?
Why a black man always to blame."
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Joined: Aug 2005
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Campfire Ranger
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Campfire Ranger
Joined: Aug 2005
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It's the owner of the tree's responsibility. if the majority of the tree is on the ground on your land, are you the owner? or do you own only up to the property line? i'm guessing the answer varies by State.
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Campfire Outfitter
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Campfire Outfitter
Joined: Jul 2004
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If the tree was leaning or dying with limbs falling off and the neighbor had brought it to your attention and asked you to do something about it and you had not and if he can document these conditions then you're stuck for the damages in all probability. If there had been torrential rains for several days and the ground was soaked and then a strong wind blew the tree over you're probably in the clear.
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Campfire Regular
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Campfire Regular
Joined: Dec 2010
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Simple, it is your problem as an act of nature, went through this with a tree going through the roof of a garage at my mother's place. Her insurance company paid and she was responsible for cleaning up the tree that was on her property.
Unless you can prove negligence because you already have a legal action going because the tree poses a safety hazard, you have to pay for the damage the tree does.
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Campfire Tracker
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Campfire Tracker
Joined: Aug 2010
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If the tree was leaning or dying with limbs falling off and the neighbor had brought it to your attention and asked you to do something about it and you had not and if he can document these conditions then you're stuck for the damages in all probability. If there had been torrential rains for several days and the ground was soaked and then a strong wind blew the tree over you're probably in the clear. An expansion on what I said, thank you, sir.
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Campfire 'Bwana
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Campfire 'Bwana
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How about if your tree's roots damage your neighbor's septic system??
Something clever here.
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Campfire Regular
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Campfire Regular
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Campfire Regular
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Campfire Regular
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It's clearly Bush's fault.
"SUPPORT OUR RIGHT TO KEEP AND BEAR ARMS"
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Campfire Tracker
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Campfire Tracker
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How about if your tree's roots damage your neighbor's septic system??
Then the chit hit the fan...........
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Campfire Tracker
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Campfire Tracker
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What I want to know is did anyone hear the tree fall?
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Campfire Kahuna
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Campfire Kahuna
Joined: Oct 2004
Posts: 50,169 Likes: 1 |
It's the owner of the tree's responsibility. Yes. Period.
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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Campfire Regular
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Campfire Regular
Joined: Dec 2002
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It's clearly Bush's fault. I was going to ask, "If a tree falls down say, in the middle of the course, where OBamba is golfing, is it still Bush'es fault?" Speculator's 'step aside' (SHUT---UP ) . Had some neighbors who had a go 'round with this where a large limb damaged a neighbors vehicle and 'brushed' the house. At the time, I thought it was the tree owners responsibility but my neighbor was already all over it (the tree owner). Around here anyway, it's an act of God. IMO: If other matters come in to play such as complaints to the town on dangerous limb (etc) complaints, it can go either way but key is, it needs to have been mentioned or litigated first to gain any weight in bearing. /IMO True dat Root responsibility begins at the property line. Even if it's someone else's tree.
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Campfire Regular
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Campfire Regular
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It's the owner of the tree's responsibility. Yes. Period. And possession is 9/10 of the law...... your car your tree on top of car....... Most trees of catastrophic capability were planted before the living owner of the property was even a dew drop in their parents undergarments. That being said, it is a product of nature with a natural happening that consequentially was a casuality of a natural occurence. Placing your car in the path of a natural occurence (which is unforseeable) is only blameable to nature. If pointing the finger at anyone concerning the OP's question you have to point it at nature or or the creator of........ That is why insurance companies offer comp. coverage.....
If 'ya can't put hot sauce on it, it ain't worth eat'n....
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Campfire Kahuna
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Campfire Kahuna
Joined: Oct 2004
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Okay. Before I say something stupid, are we talking about the giant oak tree of yours leaning across the neighbors driveway or a tree that that was riding beside the witch in the Wizard of Oz?
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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Campfire 'Bwana
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Campfire 'Bwana
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What about wild mutant squirrels that live in your tree, they take down your neighbor's 3 pit bulls.
What then??
Something clever here.
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