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SupportACop
Momma's Boy & Lovin' it!!
Member since 5/06 2579 total posts
Name:
C
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Neighbors Tree just smashed our fence
A large section of our neighbors tree fell on our new (one year old) PVC fence...this happened before when a large branch fell at the end of the summer and he wouldn't fix it, we were so upset and spent a lot of money on it, we offered to split it with him but he didn't want to, so we shelled out the for the whole thing (money we didn't really have)
5 minutes ago HIS TREE fell and took out looks like 2 sections of the PVC fence..WHAT WOULD YOU DO???? I am so angry and upset.
I know he will not help pay for it and we have NO MONEY...we have a Rottweiler, which is why we got the fence and now she can't go out since the fence is smashed....I am so upset 
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Posted 12/31/08 7:18 PM  |
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Prudential Douglas Elliman Real Estate
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Arieschick29
aries+cancer= pisces&gemini
Member since 3/06 4268 total posts
Name:
Jen
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Re: Neighbors Tree just smashed our fence
I would think that if the tree is his and it damaged your property- he is responsible.
If he doesnt pay for removal and damages, then I would sue.
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| Posted 12/31/08 7:19 PM |
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BabyBoy
is Skylar Elizabeth
Member since 5/05 4189 total posts
Name:
Tom
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Re: Neighbors Tree just smashed our fence
isnt this why insurance exist...i would file a claim..
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| Posted 12/31/08 7:21 PM |
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SupportACop
Momma's Boy & Lovin' it!!
Member since 5/06 2579 total posts
Name:
C
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Re: Neighbors Tree just smashed our fence
we tried to do that last time and ins said "It was an act of God" and wouldn't fix it...The guy came out when I was taking pics and apologized and said he would fix it..I really hope he does we have no money to fix
Happy New Year to All!!! I hope 2009 brings better health and happinees than 2008 did 
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| Posted 12/31/08 7:37 PM |
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Marcie
Complete Happiness :)
Member since 5/05 27789 total posts
Name:
LOVE being a Mommy!
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Re: Neighbors Tree just smashed our fence
Posted by SupportACop
we tried to do that last time and ins said "It was an act of God" and wouldn't fix it...The guy came out when I was taking pics and apologized and said he would fix it..I really hope he does we have no money to fix
Happy New Year to All!!! I hope 2009 brings better health and happinees than 2008 did
Yeah - but it happening once is an'act of god' but twice, something should be done
I hope he holds true to fixing it 
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| Posted 12/31/08 7:39 PM |
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wannabemom
look who's freshly baked!
Member since 12/07 7364 total posts
Name:
aka marriedinportjeff
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Re: Neighbors Tree just smashed our fence
I don't understand.... isn't virtually everything insurance is supposed to cover 'an act of God'? lightening striking home, wind damage, tree falling into house, tree falling on car.....
if all that stuff isn't covered, all that remains is theft and certain fires! that's not much....
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| Posted 12/31/08 8:37 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Neighbors Tree just smashed our fence
Posted by BabyBoy
isnt this why insurance exist...i would file a claim..
No freakin' way would I do this. You should only file insurance claims on SEVERE cases. Every case you make marks your insurance record.
Minimum I would file on an insurance claim is 5k.
I would simply demand payment from him for this tree. Act of God my azz... the tree was on his property so he is responsible for it.
If he doesn't pay... sue him in small claims. You have TWO claims against him IMO (the original branch claim and this one).
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| Posted 12/31/08 9:15 PM |
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Mommy2Boys
My Boys!!!!
Member since 6/06 14437 total posts
Name:
C
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Re: Neighbors Tree just smashed our fence
Posted by Arieschick29
I would think that if the tree is his and it damaged your property- he is responsible.
If he doesnt pay for removal and damages, then I would sue.
I agree...of I would just take down his tree 
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| Posted 12/31/08 10:03 PM |
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LemonHead
Sour Girl
Member since 3/08 5271 total posts
Name:
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Re: Neighbors Tree just smashed our fence
Shouldn't his howeowners insurance cover it?
I believe you're legally allowed to trim any branches that hang over onto your side of the fence.
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| Posted 1/1/09 9:19 AM |
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Cpt2007
A new love!
Member since 1/08 5946 total posts
Name:
Liz
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Re: Neighbors Tree just smashed our fence
Posted by ave1024
Posted by BabyBoy
isnt this why insurance exist...i would file a claim..
No freakin' way would I do this. You should only file insurance claims on SEVERE cases. Every case you make marks your insurance record.
Minimum I would file on an insurance claim is 5k.
I would simply demand payment from him for this tree. Act of God my azz... the tree was on his property so he is responsible for it.
If he doesn't pay... sue him in small claims. You have TWO claims against him IMO (the original branch claim and this one).
ita. time to send him an intent to sue if he refuses a second time. the letter alone may make him move.
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| Posted 1/1/09 9:52 AM |
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butterfly20
Party of 5 - 2015
Member since 4/06 7390 total posts
Name:
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Re: Neighbors Tree just smashed our fence
i think youd have to file in on your own homeowners....
When i was going for my insurance license the instructor told the class how a tree fell and hit another persons house(house, not fence) and the insurance companies determined the homeowner had to go to his own policy as it was his tree when it landed there.... If his insurance wont cover it, then most likely the courts wouldnt either as his homeowners would be the one paying out on it.
the only possible is if the neighbor was cutting down the tree and it fell on your property then he himself would have caused it by the cutting action, or if the tree was dead and you had multiple corrospondance with him warning him the dead tree needed to be taken down
you do have a right to trim any branches that are over your property
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| Posted 1/1/09 12:03 PM |
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