An Act of God?

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Bill (w/eoPd)

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Location
Texas
I received a phone call yesterday {Thursday, July 4th} at around 4:30pm from a man who, until quite recently, has been my next-door neighbor for the past 6 years. I know him as Mister and even though I would never dare ask his age, his service in the Vietnam War suggests that he is at least 70 years old but 80 seems more likely.

During the call, Mister said that a tree had just fallen from his other neighbor's yard and he was now without electricity. I arrived at Mister's house about 10 minutes later and realized that the tree had also landed on his car. Since the neighbor was not home at the time, I took as many pictures as possible and waited for someone from the electric company to arrive. After the electric company worker gave me the go-ahead, I proceeded to cut the tree with my chainsaw for the next couple of hours.

The absent neighbor arrived home as I was finishing up and was quite unreasonable about the entire situation. At first he was insistent that there was no need to contact his homeowner's insurance, twice stating that he was not responsible for "an act of God." After informing him that his tone~demeanor toward my friend was completely unacceptable {in terms more suited for someone of his intelligence level}, I explained that allowing a woodpecker to continuously peck away at an already compromised tree was "an act of negligent a^^hole" rather than "an act of God" and that the afore mentioned should retrieve~produce his insurance information posthaste.

Every attempt to contact an actual human representative of the neighbor's insurance company has been futile to this point, which is not surprising given the Independence Day holiday, but I believe that the neighbor is responsible~liable for the damage caused by his tree.

Not having any experience with a situation like this, I am interested in any feedback that you are willing to give.

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A reasonable person could expect that tree to fall. Big question is whose tree is it? Is that fence on the property line exactly? They frequently are not.
That is an excellent question, which I cannot answer with any degree of certainty.
I know that Mister paid to have the fence installed and that the tree is on the opposite side of the fence but as you pointed out, that does not necessarily mean anything.
 
That is an excellent question, which I cannot answer with any degree of certainty.
I know that Mister paid to have the fence installed and that the tree is on the opposite side of the fence but as you pointed out, that does not necessarily mean anything.
In some states the property line issue gets very interesting, especially if it turns out that someone has moved their fence in an attempt at adverse possession. I had a little situation a few years ago in which a neighbor tried to redraw our property lines subsequent to his tree finally damaging a pad mount transformer it had grown up under for 30 years, lol.

Even if something nefarious by the owner of the tree is not involved, reporting claims to homeowners insurance companies these days can be very dicey. In places like Florida the insurance companies are cancelling people’s policies left and right - entire communities.
 
Unless your state laws are "unique", (increasingly the case in increasingly separating states), a tree or branch that falls or obstructs the adjoining property is the responsibility of the property owner where the tree is growing. ClinchKnot's correct in the above post regarding property lines. I planted numerous oaks and pines about 6" into my side of the property boundary about 20 years ago. Most are a more than a foot in diameter now, so are they legally 10% his and 90% mine now?
 
In some states the property line issue gets very interesting, especially if it turns out that someone has moved their fence in an attempt at adverse possession.
This is definitely nothing new, as there are multiple mentions of it in The Bible and other ancient texts.
These are a couple from Deuteronomy:

Thou shalt not remove thy neighbor's landmark, which they of old time have set in thine inheritance…
Cursed be he that removes his neighbor's landmark.
 
I received a phone call yesterday {Thursday, July 4th} at around 4:30pm from a man who, until quite recently, has been my next-door neighbor for the past 6 years. I know him as Mister and even though I would never dare ask his age, his service in the Vietnam War suggests that he is at least 70 years old but 80 seems more likely.

During the call, Mister said that a tree had just fallen from his other neighbor's yard and he was now without electricity. I arrived at Mister's house about 10 minutes later and realized that the tree had also landed on his car. Since the neighbor was not home at the time, I took as many pictures as possible and waited for someone from the electric company to arrive. After the electric company worker gave me the go-ahead, I proceeded to cut the tree with my chainsaw for the next couple of hours.

The absent neighbor arrived home as I was finishing up and was quite unreasonable about the entire situation. At first he was insistent that there was no need to contact his homeowner's insurance, twice stating that he was not responsible for "an act of God." After informing him that his tone~demeanor toward my friend was completely unacceptable {in terms more suited for someone of his intelligence level}, I explained that allowing a woodpecker to continuously peck away at an already compromised tree was "an act of negligent a^^hole" rather than "an act of God" and that the afore mentioned should retrieve~produce his insurance information posthaste.

Every attempt to contact an actual human representative of the neighbor's insurance company has been futile to this point, which is not surprising given the Independence Day holiday, but I believe that the neighbor is responsible~liable for the damage caused by his tree.

Not having any experience with a situation like this, I am interested in any feedback that you are willing to give.

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holly crap Bill that was an accident waiting to happen hey, glad we don't have woody woodpeckers here. What a total A hole, good on you helping Mister out mate your blood's worth bottling.
 
In North Carolina, if a dead tree or any part of it falls in to your yard and does any damage, that owner is responsible for paying for the damages. I had to deal with that a few years ago. The neighbor actually tried to claim that the top of her tree was alive, so she wasn't responsible. My insurance company man laughed at that, and made her pay for the damages.

If the tree is alive, then it is considered to be "An act of God".
 

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