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Judge Smalkin cited Hensley for the proposition that “an owner of rural or suburban forest land is not liable for damage done by dead tree limbs falling onto the property or persons of others unless the tree constitutes a danger to lawful users of abutting public roads and the owner is aware or should be aware of the tree’s deteriorated condition.

Essentially, even for decaying or dead trees, a landowner is not liable if [a] he has no notice of his tree’s.

Jun 11, Your insurance carrier will still be the one paying for the claim. However, if you can prove that your neighbor is at fault for the tree falling down, your insurance carrier will most likely attempt to collect the coverage from the neighbor’s policy. Then, you would be reimbursed for your bushdigging.clubted Reading Time: 3 mins. Since the homeowner living on the property where the fallen tree was rooted did not intentionally push the tree over, nature is responsible.

Your neighbor cuts down their own tree and it falls and lands on your home. If the tree fell on the neighbor’s home when the homeowner was trying to cut down the tree without professional help, the damage would be the homeowner’s bushdigging.clubted Reading Time: 9 mins. (See articles on"Neighbors and Trees" for more on this.) Who Is Responsible for Fallen Tree Damage? In most American states, if your tree or any part of it falls on your neighbors' property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or other so-called"act of God"), you are not responsible.

Your neighbors will have to file a claim with their Estimated Reading Time: 6 mins. Jul 08, (Your neighbor isn’t legally responsible for reimbursing your deductible; you could sue to recover that amount, but it’s not a sure bet.) Insurers generally limit what they’ll pay to remove the Estimated Reading Time: 5 mins.

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