A tree fell on my fence that belongs to another person, during the storm last night. Who is responsible for fixing my fence it hit?
Total Comments: 6
Posted: Fri Jan 03, 2014 01:38 pm Post Subject:
Who is responsible for fixing my fence it hit?
Most likely you. You'd need to show someone else was negligent in some way for them to be liable.
Posted: Wed Jan 08, 2014 04:19 pm Post Subject:
SAT Grammar Exam Question:
Rewrite the following sentence correctly:
A tree fell on my fence that belongs to another person
A. A tree on my fence fell on another person
B. My fence that belongs to another person was fallen on by a tree
C. A tree that belongs to another person fell on my fence
D. A tree fell on my fence that belongs to another person (no change)
Posted: Thu Jan 09, 2014 08:58 pm Post Subject:
The truth of who is responsible isn't as clear cut as it's his tree, he should pay. The insurance companies are more than willing to try and argue about who really owns the tree and who is really responsible. I have heard of situations where more of the roots were on one persons' land even though the actual tree itself was on another. It really is going to depend on the insurance companies and who they decide to find at fault. There can often be in our policy that will dictate most of the outcome in your policy that will dictate most of the outcome of this situation.
Posted: Thu Jan 09, 2014 09:03 pm Post Subject:
I have heard of situations where more of the roots were on one persons' land even though the actual tree itself was on another.
It should be obvious to any adjuster that this does not change the ownership of the tree. If the tree trunk is on your property then that person owes the tree.
Posted: Fri Jan 10, 2014 01:54 am Post Subject:
If the tree trunk is on your property then that person owes the tree.
Agreed, completely.
The case for negligence will come down to was the tree healthy (failure to maintain a healthy tree), was it properly trimmed (failure to manage new/old growth, overweght on one side), or was it subject to the forces of nature, such as wind, rain, or snow?
Posted: Tue Dec 16, 2014 03:58 pm Post Subject:
In the insurance world, once that tree fell on to your property it became your problem. Your own insurance company should pay for the damages. That is not to say that there may be liability on your neighbors end but that is for your insurance company to figure out as they can always go after the neighbors insurance if they choose.
Posted: Fri Jan 03, 2014 01:38 pm Post Subject:
Who is responsible for fixing my fence it hit?
Most likely you. You'd need to show someone else was negligent in some way for them to be liable.
Posted: Wed Jan 08, 2014 04:19 pm Post Subject:
SAT Grammar Exam Question:
Rewrite the following sentence correctly:
A tree fell on my fence that belongs to another person
A. A tree on my fence fell on another person
B. My fence that belongs to another person was fallen on by a tree
C. A tree that belongs to another person fell on my fence
D. A tree fell on my fence that belongs to another person (no change)
Posted: Thu Jan 09, 2014 08:58 pm Post Subject:
The truth of who is responsible isn't as clear cut as it's his tree, he should pay. The insurance companies are more than willing to try and argue about who really owns the tree and who is really responsible. I have heard of situations where more of the roots were on one persons' land even though the actual tree itself was on another. It really is going to depend on the insurance companies and who they decide to find at fault. There can often be in our policy that will dictate most of the outcome in your policy that will dictate most of the outcome of this situation.
Posted: Thu Jan 09, 2014 09:03 pm Post Subject:
I have heard of situations where more of the roots were on one persons' land even though the actual tree itself was on another.
It should be obvious to any adjuster that this does not change the ownership of the tree. If the tree trunk is on your property then that person owes the tree.Posted: Fri Jan 10, 2014 01:54 am Post Subject:
If the tree trunk is on your property then that person owes the tree.
Agreed, completely.The case for negligence will come down to was the tree healthy (failure to maintain a healthy tree), was it properly trimmed (failure to manage new/old growth, overweght on one side), or was it subject to the forces of nature, such as wind, rain, or snow?
Posted: Tue Dec 16, 2014 03:58 pm Post Subject:
In the insurance world, once that tree fell on to your property it became your problem. Your own insurance company should pay for the damages. That is not to say that there may be liability on your neighbors end but that is for your insurance company to figure out as they can always go after the neighbors insurance if they choose.
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