So it has been very windy here lately and I got a message from a tenant that the tree on my side of the property line, fell and damaged their fence and apparently breaking a window at the neighbors house.I have never met the neighbor before I am almost 100 miles away but she sent me a picture.not a lot of detail, and I could see the window she was referring to.

My question, I was wondering if the Neighbors insurance will cover the fence,and his window. And/or my insurance covers the fence window and clean up.it was a big tree with a lot of branches hanging over to their side which I believe those heavier branches were part of the reason why it fell in that direction We had trimmed some on our side but really I guess mostly the wind. I 'm not worried about turning a claim into an insurance to affect my rates as I will be selling this property very soon.

Your neighbor will have to file a claim with their insurance company to cover their damages.

We had a HUGE tree at a rental fall during a hurricane - RIGHT on our line but it was our tree. The root ball was taller than my 6 foot husband, so it really was a huge tree. Old too. A Live Oak, very hurricane-proof. But it just tipped over, ripped from the wet ground - and fell onto the neighbor's property (no physical damage but a lot of cleanup.)

Do you know your insurance agent? I mean... do you have one that you "talk with" or is it just something that you did on-line? If it's an actual agent, I'd just call them and find out what they say. I am not 100% sure on it... it sounds like the neighbor insurance would have to cover but they will go to yours (possibly).

You may want to find out how much it will cost to remove the tree as well as potentially how much to fix the fence and the window.

The only time I can think of where it would be your responsibility would be if the tree was dead, it could be proven you KNEW it was dead, and that you KNEW it was going to fall soon.

I know that part because we had a neighbor with a tree leaning over OUR property, over one of our studios - if it fell, there would be death involved if the tenant was home. We offered to go halves with him on the tree removal but he ignored us (didn't live there himself, it's his vacation home.) So our agent told us to put it all in writing to the neighbor, so he was on notice and couldn't claim he didn't know. We did, with pictures.

Eric,

Just like falling leaves once they cross the property line they belong to that property. It is the neighbor's problem just as if HIS tree fell onto YOUR prop.

BUT...

do you want to keep good relations with your neighbors??

Often the tree and the damage are not as severe as the first panic call. It always shocks our system but later does not look that bad.

Me? I WAIT until the neighbor calls because they don't always call. One neighbor told me "I always wanted an excuse to buy a chain saw!" and took care of it himself.

We've had ENORMOUS tress fall in my own yards but no one spoke a word. Saved me THOUSAND$$$ by not offering to jump in. Somehow there has always bee a good ol boy who wanted the firewood or was happy to help his buddy to prove his manliness. Beer and pizza or steaks on the grill also help!

Overall, I am willing to HELP repair a fence and a piece of glass to keep good relations - being neighborly.

BRAD

Eric,

Just like falling leaves once they cross the property line they belong to that property. It is the neighbor's problem just as if HIS tree fell onto YOUR prop.

BUT...

do you want to keep good relations with your neighbors??

Often the tree and the damage are not as severe as the first panic call. It always shocks our system but later does not look that bad.

Me? I WAIT until the neighbor calls because they don't always call. One neighbor told me "I always wanted an excuse to buy a chain saw!" and took care of it himself.

We've had ENORMOUS tress fall in my own yards but no one spoke a word. Saved me THOUSAND$$$ by not offering to jump in. Somehow there has always bee a good ol boy who wanted the firewood or was happy to help his buddy to prove his manliness. Beer and pizza or steaks on the grill also help!

Overall, I am willing to HELP repair a fence and a piece of glass to keep good relations - being neighborly.

BRAD

You are a 100 miles from your rental. Is it safe to say there will be another mishap in your future if you own the place long enough? SO now is a great time to embrace this mishap and learn from it.

Ask yourself how cam the next mishap play out? What can I do if this impacts my place? The whole idea is to have plans and people in place to tackle this before you need them. If you need a tree guy, after a storm is not the time to start that relationship. The time to develop that relationship is when they are at the slowest period in the business cycle - not the busiest.

If your tree causes damage to another place and you ignored the dying tree before hand, the neighbors insurance will file a claim against your insurance. That is called subsigation of the claim.

I posted before Craigslist "free stuff" if the wood is hard wood.