Concerned about neighbor's tree damaging property

[joecaf]

Jurisdiction

Massachusetts

Recently, during a storm, part of my neighbor's tree fell into my driveway, but caused no damage. He had a tree service remove the debris. My question is, now that part of the tree is gone, what are my options if it was to fall and this time causes damage to my car, fence, or garage. Would I be liable for anything? I can't see what I would have to pay anything since it is NOT my fault. We do NOT get along and I wanted to know is there anything I can do ahead of time. Wouldn't his insurance company have to pay for any of my damage?

As I stated, I would like to know my options or courses of action would be.

Thanks

 

[army judge]

As I stated, I would like to know my options or courses of action would be.

It might be worth five or ten minutes of your time to ask your home insurer's customer service reps, and/or your insurance agent.

Another even more clever option is READ your homeowners insurance policy and related documentation.

 

[adjusterjack]

As I stated, I would like to know my options or courses of action would be.

Was this a piece of a live tree that blew off in the wind?

 

[welkin]

Recently, during a storm, part of my neighbor's tree fell into my driveway, but caused no damage. He had a tree service remove the debris. My question is, now that part of the tree is gone, what are my options if it was to fall and this time causes damage to my car, fence, or garage. Would I be liable for anything? I can't see what I would have to pay anything since it is NOT my fault. We do NOT get along and I wanted to know is there anything I can do ahead of time. Wouldn't his insurance company have to pay for any of my damage?

As I stated, I would like to know my options or courses of action would be.

Thanks

Generally speaking, neither you nor your neighbor would be responsible for an act-of-God if a healthy tree falls across a property line and causes damage. You would be responsible for the damage and cleanup on your property and your neighbor would be responsible for damage and cleanup on his property. That assumes there is no negligence involved on your neighbor's part.

However, if the tree is obviously dead or dying or diseased and the neighbor had knowledge or constructive knowledge of that fact and did not act to mitigate the danger, he would be held liable for the damage. So, now your neighbor has, at least constructive knowledge, and should takes steps to have the tree examined by an arborist to determine if the tree is healthy or not and if it should be taken down.

You report the damage to your homeowner's insurance company, and they will sort out who pays for what if the tree or branches fall on your property in the future.

It was very generous for your neighbor to clean up your property. I hope you thank him/her.

 

[joecaf]

Was this a piece of a live tree that blew off in the wind?

yes this way

 

[zddoodah]

My question is, now that part of the tree is gone, what are my options if it was to fall and this time causes damage to my car, fence, or garage.

Depends on the facts and circumstances of the hypothetical future fall.

Would I be liable for anything?

I don't understand the question. Are you asking about a situation where some act or omission on your part caused the tree to fall?

Wouldn't his insurance company have to pay for any of my damage?

If your neighbor's tree falls as a result of negligence (or a willful act) by your neighbor, then your neighbor will be liable for any damage caused, and his insurer would be obligated to indemnify him by paying any covered loss.

Note that, just because the tree (or part of it) fell once doesn't mean that any future fall would automatically be a result of negligence or a willful act. Your neighbor won't be legally liable for "acts of god," so you should make sure your insurance (both home and auto) is in place.