Tree on my farm fell on my Neighbors fence WWYD

[Lmabernathy]

we were spraying the field Sat when I noticed a downed tree. It actually fell across both our fences but mine just happened to have a t-post across the top as a brace and their’s is a PVC privacy fence. They have a hole in their fence mine is fine. We are friendly neighbors, their kids used to come take riding lessons from me. I texted them yesterday to ask when it happened and they said they noticed it Fri but weren’t sure when it fell. Our most recent storm was on wed.

We had a storm and there is a house under construction right beside our properties. The tree looks like it was eaten by termites to me and just broke off at the base. Not sure why it broke when it did, but that’s what happened. The neighborhood was built surrounding my property, I actually have 5 neighbors in this one neighborhood, probably 20-30 more in a different neighborhood on the other side of my property

Should I just cut up the tree and we are responsible for our own fences or should I offer to repair theirs? I don’t mind helping these neighbors, but considering the number of neighbors I have I don’t want to set a precedent for future storms if you get my drift.

[TheJenners]

An ins claim, should they file one, will find you at fault. If I were you, I would make the offer to repair the fence now, before they make the claim. And then follow thru. It isn’t a “precedent,” it’s how it works.

[tabula_rashah]

About a year ago we had a tree fall from our property onto neighbors house during a storm. Both his insurance and ours were called. Because we had no negligence (ie it wasn’t a rotten tree or anything)- it was up to his insurance to take care of it and there was no claim filed on our insurance. There actually wasn’t that much damage, so guy fixed his house himself and we helped take care of getting rid of the tree, replanting etc because we’re neighbors but we weren’t under any obligation to do so.

[tangledweb]

If the tree was dead and you should have cut it down last year then it’s your fault and you should pay.

If a storm knocked a healthy tree over and it falls on next door’s fence (or house) that’s generally just an act of god and everybody pays for (or files an insurance claim for) their own damages.

For a diseased tree that looked healthy you’d need to talk to a real lawyer to figure out the chance that you could be seen to have been negligent in maintaining your tree, but I suspect that for $1000 worth of fence nobody can be bothered having a big fight over it.

[Sparrowette]

@TheJenners

An ins claim, should they file one, will find you at fault. If I were you, I would make the offer to repair the fence now, before they make the claim. And then follow thru. It isn’t a “precedent,” it’s how it works.

I agree. Your tree, your problem. I had one of my trees fall in a storm on top of my neighbor’s BMW. I guided him to a good body shop I know, paid the bill, and the insurance was never the wiser. Bear in mind, that the shop made him sign a release stating that the job was repaired to help prevent an insurance claim being made on the same damage.

[trubandloki]

I think it depends on the state. Best to look up what the laws are regarding trees and such in your state.

It being rotted probably does make a difference.

[gumtree]

Different states have different laws, rules and regs. A couple of the states I lived in, if the tree was on my property regardless of age and condition and it falls on to a neighbors property causing damage or not. My tree, my responsibility to clean up and repair any damage done.

A section of fence is cheap to repair. The cost of cutting up, removing and cleaning up can be a few hundred to well over a $1000+. Most people have insurance with deductible of a few thousand at least. Don’t see how it would be worth filing a claim and having a claim on your insurance record.

FYI, a friend that works as an insurance agent told me to be careful calling about a small potential claim to find out if you are covered or not. Even if you don’t file a claim It still goes on your insurance claims record.

[Lmabernathy]

This tree was in a wooded area and none of the trees in that area have leaves right now, I have no idea if it was dead or not before it fell. I also don’t keep track of trees in the woods. Is that really something insurance expects me to do?

Its not a massive tree, we can cut it up and remove it ourselves. I’m not expecting the repairs to cost more than $150 so I don’t think any one is getting insurance involved. Its one panel in a privacy fence lol. If I didn’t happen to be back there spraying I would have had no idea it even fell. I really doubt my neighbors are upset about it, considering they never told me about it themselves.

[fordtraktor]

depends on the state as others have said. It won’t automatically be your fault. When I lived in DC someone’s tree fell and crushed my fence and deck and the other neighbors whole side of their house. We all had to pay for our own repairs. In your case, though, I’d remove the tree for them and offer to split the $150.

[trubandloki]

@Lmabernathy

I also don’t keep track of trees in the woods. Is that really something insurance expects me to do?

Likely, yes. It is your property. You are expected to keep things safe.

But again, look into the laws in your state. Maybe your state does not have any liability on the tree owner.

[Lmabernathy]

Well according to an attorney in my area, I was not knowledgeable to the tree’s condition prior to it falling (all the damage is on the inside of the tree) plus the fact I don’t look at trees in the woods) and I am in a rural area (urban residents have different standards) and the tree didn’t fall on public property, My state says I’m in the clear. I’m planning on removing the tree, I’ll talk to them about the fence and see what they want to do.

They are building a house on a large slope right next to this area and have been using some massive equipment, I’m not completely sure that the vibrations from them dumping and using this equipment didn’t cause the tree to fall. The builders are also aware that their are several natural springs in that area (it right behind my pond) This really wasn’t a good place for them to build these giant houses on 1/3 acre lots right up on the property line.

[TheJenners]

Wowwwwww… ok.

[fordtraktor]

If their equipment caused that tree to fall, it was amazingly rotten…

[China_Doll]

If the tree was dead you are 100% at fault and insurance will not pay. If it was healthy it is an act of God and you are responsible for the part on your side of the fence and the neighbors are responsible for their side. If you have the ability to cut it up I would do that regardless with their permission. So sounds like you will be paying to get their fence fixed.

[China_Doll]

@Lmabernathy

This tree was in a wooded area and none of the trees in that area have leaves right now, I have no idea if it was dead or not before it fell. I also don’t keep track of trees in the woods. Is that really something insurance expects me to do?

Its not a massive tree, we can cut it up and remove it ourselves. I’m not expecting the repairs to cost more than $150 so I don’t think any one is getting insurance involved. Its one panel in a privacy fence lol. If I didn’t happen to be back there spraying I would have had no idea it even fell. I really doubt my neighbors are upset about it, considering they never told me about it themselves.

You can tell if they are dead and rotten even in the winter. When you saw it, it should be obvious

[Callista17]

Forgive me, but I don’t understand this discussion. If it was a tree on your property, and you anticipate you can cut up the tree, remove it, pay $150 to have a fence panel replaced, I’d go do it!!! (And I HATE my neighbors)

You never know when a pet/horse/chicken wanders over to your neighbors, and you want them to be your friend. In case of an emergency, I’d rather have closer help, than people whom strongly dislike me, and want to call every authority figure they can find to report you to code enforcement, manure smells, animal control, deny building permits, whatever may occur in the future. It’s not worth a war, it’s “neighborly” to make things right.

Your property through, your tree, your neighbors.:’)

[Kmacht]

Here in CT you are only responsible for a tree on your property damaging a neighbors property if you had written notice from the neighbor that it was a danger to their property and you did nothing about it. If a tree falls then your insurance covers damage on your property and the neighbors insurance covers theirs. With that being said, I would be inclined to be a good neighbor since you aren’t talking about a lot of money or damage. Other neighbors can’t use that against you to force you to do other things out of goodwill in the future. You will need their permission to go on their property to cut it up (don’t want to get in trouble for tearing up the lawn while cutting the tree up and what if you were to get hurt on their property while cutting it up). I would also offer to buy a replacement panel for them but leave it to them to install. You don’t want to be responsible if it is incorrectly installed and is crooked or somehow fails down the line.

[Sabino]

We had a tree from our property fall on my neighbors car. He called us to have us call our insurance agent to cover the damage. I called my agent and he said it’s not our problem. Just because the tree originally was on our property, the damage was done on their property so their insurance should cover it.

[trubandloki]

All these various posts just make it clear that how one deals with trees is very area specific.

[IronwoodFarm]

If I could resolve a problem like this one for $150, I would do it in a heartbeat. Clear the tree and fix the fence. Good will with your neighbors is priceless.

FWIW, we just paid $1800 to have trees trimmed to mitigate possible damage if limbs or a tree came down. The trees are older and pretty tall. I have cleared up enough fallen trees to know that $1800 was a bargain.