Hypothetical question. A couple of recent discussions with different neighbors has made me wonder…
In SC, if a tree, or limb from a tree, that is growing in a neighbor’s yard falls and damaged my property (Fence, detached storage shed, or even the house) who is liable?
Does it matter if the tree/limb fell due to a storm?
Does it matter if the tree/limb is/has been dead for a while?
If neighbor put you on notice(written letter, certified mail) about tree/limb that has potential to damage his property, you will be liable.
I’m in the same boat except the property I live next to is governed by the army corp. There is an oak tree rotted out in the center that is leaning towards my house. Except I’m not suppose to know that because the sigh’s on the trees say " protected wetlands do not disturb"
Sabalo 21 150 Yamaha (under construction)
Key West Stealth 150 V-max (SOLD)
It’s the property owners responsibility to inspect the trees to see if they are in reasonably good shape. If it’s an obviously rotted limb that falls off your neighbors tree and crushes your stuff, they could be held liable. If it’s a perfectly healthy tree or limb that falls off in a storm, it’s your problem.
If the limb/tree looks to be in bad shape and you’re concerned about it, notify your neighbor and take photos.
If the tree is not showing visible signs of being dead or dying, your insurance should handle damages thru “acts of nature or God clause” and it will not raise your insurance rates. If the tree is showing signs its unhealthy, then the neighbor can be liable. Insurance companies usually handle it without fuss. If it’s a big enough concern, I would call your agent.
“Those who have the ability to make a difference have the responsibility to do so.” Thomas Jefferson
everything raises your insurance premiums
quote:
Originally posted by PeaPodeverything raises your insurance premiums
That’s been my experience!
NN
07, 23 Key West, Twin 115 Yammys
“Coastal Bound”
Insurance companies cannot raise your premium because of an “act of God”, it is illegal for them to do so. They simply cannot single a homeowner out for an “act of God”. What they can do is raise the rates of everyone in your area after such an event. This is typically what happens after hurricane or large scale flood, not over a branch hitting someones boat.
Important to note though that some owners opt out of acts of God coverage not knowing it or may not have it at all. Sometimes its limited to only lightning or volcano’s. If you have a mortgage you most likely have it, banks dont usually take those types of chances.
If you have any questions, call your agent. You are paying for their services, use them.
“Those who have the ability to make a difference have the responsibility to do so.” Thomas Jefferson
Just a little internet law.
http://realestate.findlaw.com/neighbors/neighbor-disputes-trees.html
A wise man once said “Do as I say not as I do” Good advice when I tell you that.
Just a little internet law.
http://realestate.findlaw.com/neighbors/neighbor-disputes-trees.html
“If a tree owner allows the tree to grow so that it uproots a fence”. Lol, dang tree wouldn’t listen to me!
Interesting topic. My neighbor was here before me. I purchased this piece of land, which was completely wooded. My neighbor decided to put his home right on the property line so that my trees lean over above his home. I always wondered if I would be liable if my trees damaged his home.
Some good answers above.
If your neighbor’s tree is live or living and has no visible signs of decay and it falls on your property - the neighbor is not liable.
If there is obvious signs of decay, there is potential for liability but it may depend on the amount of decay and whether or not you ever asked the neighbor to remove the decayed tree or limb.
If your neighbor has a tree with a decayed core, dead limbs or leaning toward your property and you don’t want to pay to remove the tree or limb over your property…send the neighbor a certified letter asking him to take care of the property and keep a copy of the certified letter. That way if it ever falls, your homeowner policy would pay for your damage and successfully subrogate the neighbor and recover your deductible.
“I am constantly amazed at the stupidity of the general public.”
~my dad
Equipment:
190cc Sea Pro w/130 Johnson
1- 19 year old (boy of leisure)
1 - 1 year old (fishing maniac)
1 - wife (The Warden)
ECFC
Also, if wind blows the trees down, like during a tornado or hurricane, your neighbor is not liable and you’d have to pay to remove the trees. If the trees landed on a fence or your house, your insurance would pay to remove the tree from your structure, but not remove them from the yard…wind damage to trees is not covered.
“I am constantly amazed at the stupidity of the general public.”
~my dad
Equipment:
190cc Sea Pro w/130 Johnson
1- 19 year old (boy of leisure)
1 - 1 year old (fishing maniac)
1 - wife (The Warden)
ECFC
the chimney cap on my neighbors house blew off in heavy wind and hit my car, couple hundred dollars damage
his insurance claimed Act of God and didn’t pay, I asked him to pay, he said no, karma got him later
Pioneer 197SF