My tree causing damage to my neighbor's roof?

Posted: Fri Mar 20, 2009 05:44 pm Post Subject:

I doubt you would truly be liable. First, did you have any notice that the tree was damaging the neighbors property. I doubt it since you just moved in a few months ago. Did you have the home inspected when you bought it? Did the inspector mention anything to you? If a trained professional hired to tell you these things did not mention it, then I don't see how you were suppose to know. Lastly, can this person prove that the tree caused the damage he's claiming?

You have no requirement to provide your insurance information to this person if you don't want to. He has an complaint against you and can feel free to file in court against you personally. That is, it's not like an auto accident where you are required to exchange insurance information.

You need to have known of the situation or should have known of the situation in order to be liable in this case. In that you've only owned the home for a few months, the condition may (probably) existed before you moved in. I'm not sure what is causing the damage but if it's been ongoing for years then you are not entirely responsible.

If I were you, I'd ask this person how the tree is damaging the roof. Did he have an roofer tell him this? If so, speak to the roofer for more information. If not, ask the person to provide you with independent information showing why/how the tree caused the damage. It sounds to me like the person needs to replace the roof anyway and is looking for reasons to have someone else pay for it. If he's been living there the entire time, why did he not notice it and say something? Also, he has a duty to protect his property. If the limbs were against his roof then he had the right to trim them as not to cause damage. He did not do this so why would he expect you to know about it.

Most likely this is a situation that has been going on for years. I'd also explain this to the neighbor and point out that he probably wants to contact the prior owner and speak to that person rather then you. You should then take many photos of the tree and roof and take action to prevent further damage from happening (trim the tree, etc.).

It's up to you if you want to report this info to your carrier. You may want to wait to see if the neighbor can provide any proof that the tree caused the damage.

Posted: Fri Mar 20, 2009 06:14 pm Post Subject:

Thank you so much for such a detailed post.

We did not receive any notice that the tree was damaging the roof. The owner said that he lives in another city (three hr drive) but in the same state, so he did not notice it. His previous tenant did not notify us either.

Yes we hired a trained professional to inspect our house before we bought it. He did not mention any such thing. We simply did not know.

His argument is, that the wind caused the tree branch to bang against the roof over the years. And he agrees that the condition must have existed before we moved in. I sensed the same thing, he is just looking for ways to cover for his costs for the new roof.

So just to make sure I got it right,

1. I need to ask him to provide proof that the tree branch was causing damage.

2. I will not give him my insurance information till he provides the proof.

3. In the mean time I will get an independent investigator to look into the damage (will this cost me? approx. how much?)

4. Take pictures of the damage then trim the tree.

This was the first time I am talking to this person, and I did not get a good vibe from him. So I am wondering, if it comes down to him filing a case against me, what documents, proof should I have before I cut the branches (loss of evidence?) to make sure he cannot claim something that was not there in the first place? Should I consult a lawyer?

Once again, thank you so much for your help. I am a college student looking after my parent's property (who live out of town) for the time being, this is stressing me out a bit.

Posted: Fri Mar 20, 2009 11:15 pm Post Subject:

I don't want to tell you what to do but I can say what I would do...

I tell the person that obviously this situation existed before you owned the home, that you never knew it was an issue and even your inspector did not mention any problem, and that you understand where he's coming from but you think his complaint is against the prior owner as you've only now bought the home and did not know about the situation. Let him know that you will certainly correct the situation at this time. I'd take many photos before you speak to him.

If he wants to press the issue you can let him know that it's always been within his rights to protect his home. He will tell you that he never knew about it. Well, then why does he thing you did (you did not even live there). You need to have constructive notice in order to be liable in a situation like this. That is, it needs to be shown that you knew or should have known about the tree causing damage. Not only have you not lived there long enough to know but your home inspector did not even notice and he's a train professional. So you _paid_ someone to tell you about these problems and it was not brought to your attention.

It's not your fault your neighbor never bothered to inspect his property and make sure it was not being damaged. This is not your problem. As mentioned, he's within his rights to trim the tree if it's overhanging his property (he owes the space above his house up to, I think, 1000 feet).

I have little doubt that he will just drop the matter. He really does not have a leg to stand on. Plus, you have a lot to show that you are not responsible.

You need the photos to show how the tree looked. Really, it's up to him to prove his case in court. But having your own photos will be CYA. If you can, get photos of his roof. Perhaps from the top of your roof.

I'd really not worry about it. The tree branches probably did wear off some of the shingle material. It seems to me like the neighbors is using this as an excuse to get you to foot some of the bill for the roof that needs to be replaced anyway. I would just be as polite as you can be and explain the situation to him. Let him know you understand his position, explain your position and then let him do what he thinks he needs to do. I'm betting you won't hear about it again.

I'd not ask him for anything... as this would only leave the door open and invite further conversation about the matter. No point in leading him on.

Posted: Sat Mar 21, 2009 02:14 am Post Subject:

Just want to add a quick note...tcope has done a (routinely) wonderful job of helping you out...

Let him know that you will certainly correct the situation at this time. I'd take many photos before you speak to him

Posted: Sun Mar 22, 2009 04:53 am Post Subject:

well, firstly good job on providing detailed explanation on what actually happened. ok, since you purchased the home just a couple of months ago, did you notice the tree growing onto your neighbour's roof? i agree with tcope about the professional inspector. if you did get a trained professional to inspect your home, did he inform you about the tree? call him up again, if possible, to confirm the details of the inspection. furthermore, can your neighbour prove that the damages on the roof were caused by the branches of your tree? since you mentioned that the roof was easily 10years old, it would very well be prone to weathering, rather than your branches.

find out from your neighbour how he is affirmative that the damages on his roof were caused by your trees. did he get any professionals to inspect the roof before passing judgement? because it sounded to me like he was going to replace the roof anyway, and just wanted to find someone to pay for it. do not give in to your neighbour. you have every legal right in this case. go ahead with the advise provided by tcope, they're really good.

Posted: Tue Apr 21, 2009 01:37 am Post Subject:

Quick update:

There has been a hail storm in our area and my neighbor got his roof replaced with insurance money! He had those branches cut by the roofing people. Now the house is on sale. He has not contacted me since then.

:D

Thank you all so much! Truly appreciate it.

-S

Posted: Tue Apr 21, 2009 11:06 am Post Subject:

samipaindo
Well that just couldn't have worked out better could it? Wow, storm took care of cry baby neighbor, and the limbs, AND you're losing a neighbor that tried to take advantage of you, I call that a win win! good for you, and thanks so much for letting us know the out come!

Posted: Tue Apr 21, 2009 11:53 am Post Subject:

Thanks S for coming back and informing us about the developments. Often people just desert us after starting a wonderful thread. It really feels good to know that our efforts indeed have helped someone.

Since everything has straighten out for you enjoy life and have a great time.

Thanks,
Rupert

Posted: Tue Apr 21, 2009 12:01 pm Post Subject:

Hi..

It's good that you didn't need to trouble your carrier for all this.

The storm just weighed all his premiums worth all his problems..but please

keep us fed in case he gets back to you for something else! :)

Roddick

Posted: Tue Apr 28, 2009 10:01 pm Post Subject: tree question

I am buying a house now and I called a professional trimmer to come over to see the condition of 2 big trees. He told me that they are dying and eventually will fall on my neighbor's house :-( what should I do? He asked $1300 to take them away... BTW the inspector for the house general inspection I hired told m nothing about the trees. I heard that sometimes city is taking care of dead/dying trees, is that true? I am living in Iowa.
Thank you in advance