What do I look for?

He guys, I've got an ongoing problem with the HOA and a neighbor at our rental property over a dead tree and damage to our property. I'm not looking for legal advice here as I know it varies state to state, but does anyone look for in the General Statutes to find out what the law is on this issue.

I can't find anything definitive but so far what I have been able to find is if it's living and falls then it's an Act of God and regardless of where the tree sets (who's property) it's the responsibility of the person with the damaged property to pay. Conversely if the tree is obviously dead and the owner of the property the tree is on knows it and has failed to have the hazard removed then it's their responsibility.

Like I said not looking for legal advice but anyone in a similar situation please feel free to chime in. Most importantly, anyone that can tell me what statute to look under please post that too as that is what I really need to know. I've searched for every variation on the dead tree/vegetation/plant/whatever I can think of and am coming up with nothing.

Thanks for any help you can provide. Wayne

agree, investigate claims for insurance; if a tree appears healthy and is blown over by storm then the owner is not negligent, however if it showed signs problems - dead limbs, bark peeling,etc and did not get it removed and storm blows it over generally seen as owner SHOULD have known of potential, HTH mark

Don't be forward in coming up with reasons it fell, if there is damage to your property put it to them for restoration, then think about the rest after the reply.But not on your insurance.

WHY would a "mechanic" live in an area governed by an HOA????

HOA rules superscede any other. When you bought property governed by an HOA you agreed to subject yourself any and all rules put forth by them.

Why do folks come on forums ask a question without including any pertinent details?
Is it your tree? Who"s property was damaged? If the tree was dead was the potential for damage discussed with the owner of the tree before hand?

If it was my tree that fell onto a neighbors property ,I would consider it my duty to clean up the mess, and submit a claim to my homeowners to mitigate any other damage.

If it was the neighbors tree that fell on me I would ask him what his intentions are and if he took a hardline I would be upset but clean the mess up anyway,just because it needs to be cleaned up anyway.

Wayne I'll bet if you check with your insurance company you'll find the neighbor has no responsibility here. No matter why it fell (dead or alive) it is still an act of God and you are responsible. You also could have asked the neighbor if he/shr minded if you cut the dead tree down.

Unless your HOA says differently the owner of the tree is responsible for damage caused by a "dead" or sick tree. About the only way an owner might get out of it is if a huge storm wipes out not only the dead the tree but a healthy tree right beside it too and they cause similar damage. Another way is if a person parks their car on your property under the dead tree and it falls on their car.

on the farm ground here, if a limb or any part of a tree falls over the fence it belongs to which side it fell on not which side the tree is on. We can cut any limbs that grow over our side. We clean up ours either way but alot don't.
However, we have a neighbor with a dead tree that we offered to have it removed thru us before we replaced pasture fence. They choose not. When it falls on our fence they will have to pay for damages so says local Sheriff. I'm sure we will have to clean up and repair first to keep in stock.Just how some people are.

No.

If your dead tree fall off your property and causes damage the person that owned it is responsible. If you call your insurance company that's what they'll tell you. My wife parked her car in the street and our neighbor's tree decided to drop a large dead branch, it hit the ground than crashed into her car. The beighbor denied any liability - act of God. Their insurance company quickly paid the claim and advised them to cut their dead trees off or else they were going to drop them.

wayne, for the legalities best to consult an attorney. i would at this point take digital photos of the tree with the time and date showing. then draft a letter to the owner of the tree and also the hoa explaining the problem. send both partys copys of the letter, along with the photos, registered mail return receipt requested. keep the originals, and also copys of the return receipt. at this point, you have documentation that all parties have been advised of a hazard/saftey issue and the ball is in their court. you may also want to send a copy to the local municipality, just to cya (cover your %ss)

There are two types of "law" in this country- statutes, and "common law." Some areas of law, such as criminal law and taxes, are governed by statutes exclusively (or nearly so); others, such as negligence, have virtually no statutory law.

Common law is also known as "case law". It is developed through appellate decisions which apply existing case law to the facts of the present case. Lawyer A will argue "Smith v. Jones applies here, because. . .", to which Lawyer B will reply, "No, Smith v. Jones does not apply because . . ., and instead, Mergatroid v. Fenstermaker applies because. . .". Out of all this, a "body" of law will develope.

So the bad news, you need legal advice to decide who is liable. The good news is, you get it FREE when you submit the claim to your insurance company. If the damage is substantial enough that you need your (or their) insurance to cover it, DO NOT hire your own lawyer, as it could void your insurance coverage- insurance companies want to use their own lawyers, not yours. Simply submit the claim for your damages to your insurance company, and believe me, if the other guy is liable, the two insurance companies will fight it out, and you'll end up with a check from somebody.

Someone below said "don't submit it to insurance"- that's only good advice if the damage is small enough that you can pay for it yourself, no matter which way it goes, and would prefer to, so as not to increase your rates. If that is the case, you might want to get an office consult to try to determing liability.

BTW, I think you've got it right- live tree going over in a windstorm is not negligent, but failing to take down a dead one is. And there is no liability without negligence, in this type of case.

Your results may vary, there is no parking in a red zone.

Why reinvent the wheel?


File a claim with your insurance company, when they see the other people are liable they will file a claim against them. You get paid, and when the other owner's insurance pays your insurance company they will treat it like a nonevent.

If its just you trying to file a claim against a big insurance company you'll get lost in the shuffle. If its big insurance company filing against big insurance company it gets processed fast and clean.

In my case the "Healthy Looking" tree next door fell on my house. My ins. said the tree showed no sign of being bad untill after it fell, it was bad inside, but did not show. Act of God. Ins. said if tree looked bad before it fell, not act of God. May not apply elsewhere.