Tree snapped during Hurricane on Neighbors Property

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Tiffany

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My jurisdiction is: Houston, Texas

During Hurricane Ike a healthy tree in my backyard snapped and is now in my neighbor's backyard. The neighbor said that she spoke to her insurance and they told her it was an act of God and they wouldn't pay for it. My insurance company came out and viewed my roof damages but the tree was not covered because it did not damage anything. I came home to a letter on my door from my neighbor saying that I needed to do something about my tree in her backyard and it needs to be done soon. Am I legally responsible for the removal of the tree from her backyard.
Thanks in advance.
 
Generally, if the tree was healthy and you had no reason to suspect it would fall down, then you are not liable. Your neighbour bears the costs of removal. Of course, since their insurance doesn't cover it and it was your tree, you might want to offer to split the bill.
 
Foreseability would be the only legal issue here. Since what happened was unforeseen, you definitely have no liability. I would do what dee_dub suggested which is split the cost of the removal in half. Point out to your neighbor that if it happened the other way around, you would be willing to work with her regarding the cost of removing it. I must warn you and you may already know this - it ain't going to be cheap! Good luck with your neighbor!
 
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