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

I dunno! Probably depends on what kind of car he has.

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.

I'm going with an act of God.

It's the owner of the tree's responsibility.

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."

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.

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.

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.

An expansion on what I said, thank you, sir.

How about if your tree's roots damage your neighbor's septic system??

Property owner pays.

It's clearly Bush's fault.





"SUPPORT OUR RIGHT TO KEEP AND BEAR ARMS"

Then the chit hit the fan...........

What I want to know is did anyone hear the tree fall?

Yes. Period.

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.

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.....

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?

What about wild mutant squirrels that live in your tree, they take down your neighbor's 3 pit bulls.

What then??

great question.

when trees fall, they often fall upon the ground.

depending upon the State, the tree would be often owned by the property owner. see, it's really that simple. dead, leafless trees might be trted differently by different States.

depends on whose campaign you donated to.

Those squirrels must have big nuts...............

I'm going with this answer.

A friend of mine had a tree that was on his property blow over and knock down the neighbors fence. He said the neighbors insurance covered it.

You folks are having too much fun with this. It isn't a damaged tree...no issues with rotten limbs, etc. Just a tree that is clearly on my side of the line...15 or 20 feet on my side of the property line. Big, strong wind come along and blows it over. It falls across the property line and damages my neighbors car.

The majority of the group I was discussing this with said that the person that owned the car would be responsible for having it fixed..not the person that owned the tree. They went on to agree that if the tree was leaning or damaged someway and posed a danger and the neighbor had warned me of such...I would be responsible. Proof of warnings necessary.

I would have thought that the person that owned the tree would be responsible but it seems this isn't so....act of God thing I'm guessing is the case.

Elwood

My wife had a tree limb drop and hit her car while she was driving down the road. The home(tree)owners liability policy covered the car repairs, not us. This was in Pa.

Dale

http://consumerist.com/2011/08/when-a-tree-falls-who-pays.html

His property, his insurance. Unless he wants to file a suit saying that the tree was sick/dying/neglected and you ignored it.

Sounds like a big wind blew down a healthy tree. If there is a deductible you might offer to split it to be a good neighbor...

How would you know that about my tree leaning (oak tree specifically)unless you have been to my house spying on me Laughing Pig? And the trees were not an issue in the Wizard of Oz..... It was the house that fell on the witch that caused the big stir and sent all of the flying lawyers after Dorothy and her little doggy by the witches sister...... they were flying lawyers weren't they???

My big debate about this whole ordeal is, if I have a tree that is on my property and my neighbor has no trees on their property and my tree drops leaves on my neighbors property from a wind storm that comes by,am I responsible for raking my neighbors yard? This is not any different than the tree senario is it not?

Ask Issac, and then just take the oposite of his answer.

This is really pretty easy to decide.

If you have properly maintained the tree, and it was alive and healthy, it is simply an act of God.

If the tree was dead or neglected to a point that contributed to its falling, you're on the hook.

I handle these claims every week or so, and the courts rule this way. Insurance companies also see it the same.

I can tell you what the Bureau of Land Management (BLM) will tell you when a large snag on their property falls during a storm taking two douglas firs with it and crushes a gate and fence on my property. So sorry about the gate and fence and good luck with replacing it. If you want it off of your property you can use your bulldozer to push it back onto the BLM property. If you want to cut up the two doug firs for firewood, you need to pay us a $10 permit.

This was the result of a phone call 4 hours ago. I'll push the whole lot back onto the BLM property and let it rot. It's what BLM is really good at doing - rotting.

Great response...thanks for the link. Honestly, I don't have this problem. Was just asking the question because the issue came up in a discussion. I think the "his property, his insurance" is the key. No real tree blew down so no deductable to split but that does seem like a fair thing to do.

I believe we got to the bottom of this....thanks to all.

Elwood

They're his leaves now....he can do with them as he sees fit.

The obvious answer is to not have any neighbors. Works for me.

Dang, that is a great answer and actually philisophical.

"Placing your (fill in the blank) in the path of a natural occurence (of fill in the blank) is only blameable on nature." Man I can foresee many instances of using that line, if I may?

Elwood I am in the tree business. To answer your question it depends on the laws of that state for one. Second was the tree a known and documented danger? If the tree was a healthy tree and it just went down in the wind in this state it would be on the car owners insurance.

I do that too. I call it add glibbing.

What if the owner's an Atheist ?

GTC

Turn this around and ask your self this: If Mr. Wilson owns thickly forested property on both sides of a highway, and the next guy, Mr. Elwood, is concerned that trees light be a liability (due to falling, flying objects, etc) so he clear cuts his land. Now, Mr. Jacobson comes barreling through the forest in his empty van on a breezy day. As he passes through Mr. Wilson's forested land and comes into the clear cut, he is hit by a surprisingly gusty crosswind which pushes his van out of control and off the road. Whose fault would that be?

Was Mr Jacobson speeding? Did he have good tires? Actually, I think it would be his fault regardless. It's his van and his reponsibility to keep it in the road.

All of the other neighbors pitch in for the tree removal and throw a parade in your honor?

Correct answer:

You live too close to neighbors!

An act of God unless they can prove you knew the tree was diseased and didn't do anything about it. Very hard to prove I might add.

I was gonna say, "yes, it makes a noise"..

Noise can only occur if something is within range to 'hear' it. Otherwise it is only air waves or ground vibrations. Noise and or sound by definition is a relation with one's ears. 'Sounds' are not produced until the receptive organ receives the vibrations/oscillations, then translates the waves in the brain which is then perceived as such.

I know this. I stayed at a Holiday Inn Express last nite. And a tree fell on it...

It depends on what state you live in and state law. In WV the land owner is responsible. If the tree's roots cause septic system problems or damages your foundation and you can prove it's by the land owner's tree he gets the bill. If a tree falls on your neighbor's car or house your home owner's insurace should cover it.

it varies by State. talk with your insurance company, and your personal Attorney. and that's all i got to say about that.