Who responsible for possible damage to my roof?
We had a neighbor tree branch fall on are roof. The tree is dying partially. The branch that fell down was dead. The neighbor knows it dying. They even had the dead branches cut down over their roof. The tree is 100 % percent on their property. The limbs, some dead are over are roof. If there is any damage, who is responsible? There was no storm or wind at the time it happened. We have to wait tell Monday 8-06-07 to see if there was any roof damage.
Can you also make the neighbor cut down the tree because you are afraid it could be life threating?
I am afraid if we hire someone to cut the dead branches out, she would sue us. The neighbor is very uncooperative.
We live in Indiana.
Sorry if wrong category.
Answers:
the law is anything that hangs over a property line it becomes your property. You can cut it, pick the fruit what ever. If is falls on your house, your insurance pays for the damages.
blame it on Bush like all the others do.
It is no ones fault but your neighbor doesn't have to pay for it. I had the same thing happen at my house. You are able, by law, to cut down anything that might be hazardous to your house or well being. Your heighbor is responsible for nothing that hangs or falls on your property. This isn Missouri, might be different where you are.
Find your property line and cut everything on your side of the line. Then they will probably cut the rest down.
Any branches over your roof you can have cut. It is your responsibility. Your insurance will cover the damage to your roof, again your responsibility.
In general, you can do anything you want with limbs that overhang your property. Personally I would think that the neighbor is responsible for the roof damage, but law is an odd fish and you should speak with a lawyer about this.
You can take him to small claims court but be prepared to get a small judgment because that is what small claims is all about. He is purely and totally responsible. He knew the danger existed and did nothing to prevent it from happening. If your roof is damaged and it will cost more than what you can claim in small claims court don't take him to small claims court, just sue him outright, hire an attorney to take the case and tell him or her that the neighbor knew of the dangers because he cut the tree branches above his own roof but not yours and let him work up a big case for you. Good luck.
I seen something smiler to this on The People's Court.
It's the person or persons responsibility who own the tree to make sure it's kept in a safe manner and should have the tree cut back if there is any danger. If it falls and damages the neighbor's property then they or there insurance com. should pay for the repairs.
You should go to an attorney and take pictures.
if that part of the tree is on your property to bad
you said a branch fell on your home.you didn't say the trunk, you didn't say how large or how tall the tree was. I would suspect that maybe, if anything happened you'd probably just need to fix a few minor areas of the roof, and you didn't say how old the roof is so maybe it needed fixing anyway.
If you are experiencing water into your home then go patch the roof and don't let it rain in. The more damage you let it cause your home from you letting it sit there that way the more you will be responsible to pay by yourself. And, anyway your home insurance should cover any damage. If it's severe damage (which I don't think it is) then the insurance company will pay for it and then the insurance company will go after your neighbor and sue them.
If I were in your position I'd merely go out and take pictures of the event from all angles. And if you have to repair it to save yourselves grief then take pictures of the roof close up too...and then give those pictures to the insurance company.
first contact century 21 real estate in your town and ask the broker who is responsible. they are highly trained professionals and have been taught the STATE LAW on this matter. as a broker in wisconsin i know state real estate law says you own the property from the ground all the way to the sky. so anything hanging over,on your property is yours and if you cut it down you are within your rights. I have a large tree that grows partly over my neighbors yard, he cut the branches and threw them on my property, the police made HIM clean up the mess.
You need to consult an attorney on the avenue you may take. In MOST states, if the tree is on his property and that tree damages your property, then he is liable for the damages, and you can either fight it out in court, or have the insurance companies fight it out in court. (That's the way I would recommend, because your house gets fixed the fastest.) However, I can tell you that if his tree has been causing damage for several months, and you haven't done anything about it, then it's negligence on your part and you may be out of luck. Check with the city or states attourney, they can usually assist in this. I do know, that you cannot just go and cut the tree down without getting an order from someone, or an o.k. from someone to do so. You may also have to pay for the work to be done, if it is something you desire for the saftey of your family, but it is not necessary because the tree isn't an immediate threat to the saftey of your family. (It sounds stupid, but until that sucker falls through your roof and hurts someone, it isn't an immediate threat.)
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