Neighbor tree fell on my house.. what to do?

Question

Ok.. so let me start by saying my neighbor's tree didn't actually fall on the house. It fell across my driveway. It did however, take out the power lines and the weather head coming out of my tenant's roof. The total fix was $1,100.00 to have the tree cut and removed (to his property) and have a new weather head installed. In Orlando Florida, the law states that when a tree falls, it is the responsibility of land owner where it falls, not the owner of the tree. If it were this simple, I would probably suck it up but.... and there is always a but.... One week prior to the tree falling, the neighbor demoed the house and 2 days prior to the tree falling, scraped the lot leaving it bare. There is a pile of tree roots at least 5 feet high and 10W x 10L. I'm wondering.. Do you think I have any recourse since the tree, in my opinion, fell as a result of them clearing the land and damaging the root system? I have reached out to the the owner multiple times and he is unwilling to even return my calls. He did however have his builder call me to say that it is not their problem. What do you think I should do?

Thank you?

Thomas S. · Answer

Why would you not want to go to Small Claims Court. The purpose of the court is to deal with this exact type of situation so that individuals do not need to deal with neighbours themselves. Take them to court but make sure you contact your insurance company first and if they will not take responsibility and go after the neighbour make sure you have a letter to that effect from them.

Defiantly start with your insurance and if necessary take it to court. SCC is inexpensive and simple to navigate yourself. Been there done that.

Michaela G. · Answer

In general, if a healthy tree falls, especially during bad weather, it would be considered an 'act of god' and thus it's not the tree owner's responsibility. Exception being, if the tree is sick and the owner knew it was sick and maybe had even been put on notice.

So, with the recent construction, I would think that you can demonstrate that the tree was sick/stressed and thus it's the owner's fault. I would take that to small claims court.

I'm not an attorney, so just take my answer for what it's worth.

Jeff B. · Answer

Make a claim against YOUR home insurance - - they will recover from the other property owner's insurance - - coordinated benefits.

Account Closed · Answer

well, ... who thought of that law ? because it sucks ! .. you cant go around and cut trees down that are not on your property but if its dead and falls on your land or house your responsibile ... doesn't sound right ! .. did you look this up or take the builders say so ? .. maybe because of hurricanes but if there is proveable malace on the part of the property owners who actually owns the tree, i would think it is a suable case .. but that being said .. making a claim against your homeowners is probably your best ave ..like suggested above .. if they wont cover it then take your neighbors to small claims along with the builder who demolished the house and land .. be sure to take pics if you haven't already ...when showing the roots put something near them for size reference.. i wish you luck and God Speed to you ..

michael short

Rich N. · Answer

I agree with others.  This did happen to me and the MA law is like your law that its where it lands BUT that is for healthy trees.  If sick/disease or someone like a contractor cause it....its on them and not you.

If you have an insurance agent that your friendly with, talk to them for advice or just file the small claims case because they are not responding.  Obviously take all the pictures now before they can repair or alter the scene.

Sam Shueh · Answer

I will call my insurance asking for comp or advice.

Mike Cumbie · Answer

If they are trying to sell it just put a big sign on your property

"If buying that lot

<---------

Be sure to check for

Environmental Issues,

Their work has already

Cost me Money"

I know it's more vindictive than I normally am, and might cause you all sorts of problems but it was fun to write :)

Jean-Thierry Aleman · Answer

Thank you guys.  I did research this and did not get this information from the the owner or contractor.  I have taken pictures and don't want  to claim anything against insurance for the above mentioned reasons.  Plus I chose to take a higher deductible (2k) so that my premiums would be lower.  The total cost of everything was only $1,100 so insurance would cost me more even if I did want to.   I would love to avoid small claims court but that might be the way to go.  I will follow up and let you all know what happens later.

Thanks again BP Members

Domenick T. · Answer

We have similar laws in NJ.  I think this is common.  Personally, I would sue in small claims court.  Avoid the insurance claim especially if you have had a claim already.  They can drop you and you get higher premiums no matter where you go.  It might not be worth it.  I'm guessing the owner will meet you at the court and you will settle before you see the judge.  They usually assign you a mediator who tries to get the two parties to work something out before seeing the judge.

Best of luck.

Domenick

Jim Adrian · Answer

I would keep pushing for this. People doing site grading know you have to leave so much cover over the roots of a tree otherwise you will kill the tree or have it fall over which it did.  I would If you have pictures of the tree before it fell would be great.  I would hassle this in court.  I think you room to make a case for negligence on the contractor.

Neighbor tree fell on my house.. what to do?

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