Texas-Neighbors tree damages my property, whos resposible?

If my neighbors pine tree falls on my property and does damage to my property, who is responsible for damages, he or I?

[AFFA]

I wish to inform you that compensation for the damage caused by the tree depends upon the fact that whether the damage has been caused by an act of God or by negligence. If the damage is caused by an act of God then your insurance policy will have to pay. However, if damage is caused by negligence of your neighbor then he is liable to pay. In the end you can file a suit for compensation of losses caused to you by the tree if the loss by tree is because of your neighbor's negligence. You will have to show that the loss is directly related to fall of the tree.

AFF

[130smartchick]

Your neighbor needs to file it with his homeowners or pay you out of pocket.

If he refuses, you can file with your homeowners and they will subrogate against his.

If you go to small claims the court will decide based on what affa told you above.

The short and succinct answer is, whichever homeowner's property the tree is on is responsible for all damages caused. If it fell into or onto your property, the owner of the tree is responsible for its removal and for any damages caused to your property as a result.

I would hesitate to file with your own homeowner's insurance, as that will raise your own premium. It's best to try to resolve the problem with the neighbor rather than simply filing a claim with your own homeowner's insurance first.

I hate to break it to you guys, but there is no single answer. It depends on your state and county ordinances. Most of the research that I have found pertaining to Texas says that anything encroaching over you property line can be trimmed by you. The tree owner is not responsible for trimming those branches that cross onto your property although they may trim them anyway if you ask.

In regards to storm damage: If it is an act of God, you can file a claim with YOUR insurance company. The tree owner is not responsible. If it was negligence on the part of the tree owner (i.e. dead branches that had not been cleared away) then the tree owner can be found liable.

I would recommend that you research what the law is in your area.

That is the law almost everywhere.

Originally Posted by Unregistered The short and succinct answer is, whichever homeowner's property the tree is on is responsible for all damages caused. If it fell into or onto your property, the owner of the tree is responsible for its removal and for any damages caused to your property as a result. I would hesitate to file with your own homeowner's insurance, as that will raise your own premium. It's best to try to resolve the problem with the neighbor rather than simply filing a claim with your own homeowner's insurance first.

Not really---if it fell through no fault of the owner they are not responsible.

Originally Posted by AFFA I wish to inform you that compensation for the damage caused by the tree depends upon the fact that whether the damage has been caused by an act of God or by negligence. If the damage is caused by an act of God then your insurance policy will have to pay. However, if damage is caused by negligence of your neighbor then he is liable to pay. In the end you can file a suit for compensation of losses caused to you by the tree if the loss by tree is because of your neighbor's negligence. You will have to show that the loss is directly related to fall of the tree. AFF

exactly---

Incorrect. Not "exactly". That piece of advice is wrong.

As for Unregistered June 3rd response. If it fell "through no fault of the owner's own" it's not the owner's responsibility..... YES, it certainly is. Trees usually fall when they rot, or perhaps some other event, such as a lightning strike or heavy winds, will fell a tree. This does not, however, absolve the home owner of the responsibility of cleaning the mess up. Who do you think is responsible if not the owner? Humans are the only species in this equation that is capable of cleaning up and paying for damages.

Your response is grossly inaccurate.

This thread's question has been sufficiently answered. The last two comments are unnecessary and both are incorrect.