Neighbor’s Tree Damaged My Fence! What Can I Do?
Having a neighbor’s tree fall on your property can cause serious damage to your fence or house. When that happens, your first response may be to sue your neighbor and get justice.
Before you get into any legal disputes, you should know what your options are and if there is a way to handle the incident peacefully.
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Can I Sue a Neighbor if His Dead Tree Falls on My House?
Before you resort to any drastic measures, you should clarify who bears responsibility for the tree and the incident. Suing a neighbor for damages without having all the facts straight can backfire and end up costing you more than you have anticipated.
Take a look at the table below for more details:
Items To Clarify | Details |
Whose tree is it? | You have to be clear about whose tree it is in the first place. If the tree trunk is in your neighbor’s yard, it’s their tree, and if it’s on your property, it’s yours, regardless of how much of the tree’s canopy hangs over the neighbor’s premises. If the trunk is placed on the property line, both you and your neighbor own the tree |
Is the neighbor responsible for the fallen tree damage? | The law states that if a neighbor’s tree falls on your property through no fault of their own, the neighbor is not responsible for the damage. The possible causes include:
If the tree falls due to the neighbor’s negligence, they are considered liable |
Does the insurance cover the damage? | You should check your or the neighbor’s homeowner’s insurance policy to find out if it covers the damage. Possibilities are:
|
What are my legal options? | You have to research your state laws thoroughly if you decide to sue your neighbor. DoNotPay can help you with useful guidelines if the case is eligible for a small claims court |
Should I Sue My Neighbor for Damages Straight Away?
That may not be the best solution. Bear in mind that you will continue living next door to your neighbor for a long time after the incident—suing them will likely strain your relationship.
However angry you may be feeling, you should try resolving the situation peacefully.
Talking to your neighbor may help you reach an understanding much faster than by going through an expensive and lengthy court procedure.
You should:
- Speak to your neighbor calmly
- Present them with the evidence of their responsibility for the damage
- Offer payment suggestions
If your neighbor refuses to cooperate, you can send them a demand letter. It outlines legal repercussions your neighbor will face if they continue dodging their responsibility.
A well-drafted demand letter should make your neighbors pay up without involving the court. Let draw up the letter that will show your neighbors you’re not messing around!
Neighbor’s Tree Fell on My Fence Problem Resolved in Minutes With DoNotPay
DoNotPay’s Neighbor Complaint product creates personalized demand letters based on the information you provide! You can skip expensive lawyers and save yourself the trouble of writing the letter yourself.
We help deal with all kinds of neighbor troubles, including:
- Noise, such as:
- Criminal behavior, for example:
- Stealing water or packages
- Dealing drugs
- Shooting or poisoning your pet
- Causing damage to your property, like:
- Misbehaving pets, including:
Creating a demand letter with DoNotPay’s help is simple. You should:
- in a web browser
- Go to our Neighbor Complaint product
- Indicate the type of problem you are experiencing
- Answer questions from our chatbot
Shortly after you complete these steps, we will generate and even send the letter to your neighbor. You can expect them to reimburse you for the damage soon after receiving it.
Other Neighbor-Related Questions Answered With DoNotPay
Do you want to know more about dealing with annoying neighbors? DoNotPay’s comprehensive learning center can teach you how to write a letter to a noisy neighbor, file a complaint against a neighbor to the authorities, and document your neighbor's harassment.
Check out our other articles and get information on:
- How to get revenge on your noisy upstairs neighbors
- How to block neighbor’s security camera
- What you can legally do about disruptive neighbors
- How to get rid of renters that make your life a living hell
- Where and how to complain about your neighbor’s yard
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