Home & Garden

Neighbors tree falls on my yard in storm, who pays?

  • Last Updated:
  • Feb 21st, 2014 12:46 pm
Tags:
None
Member
User avatar
Dec 18, 2005
328 posts
13 upvotes
Kitchener

Neighbors tree falls on my yard in storm, who pays?

There was a huge storm last night. My neighbors tree (a very large one) fell on our driveway/front yard. I don't believe it damaged our car or anything else. Who has to pay to get it cleaned up?
44 replies
Jr. Member
Dec 1, 2010
169 posts
23 upvotes
Your neighbor. It's his tree.
Deal Guru
Dec 31, 2005
12844 posts
571 upvotes
gmag wrote:
Jun 8th, 2011 8:28 am
Your neighbor. It's his tree.

No...your insurance, your property. If no insurance then you pay.

There are threads about this topic in these boards already.

Now they may be nice and foot the bill....

It happened last year to our neighbours: a 100 foot tree came crashing down over four properties. Destroyed one neighbours garage, another had their pool badly damaged. In each case it was the responsibility of the home owner to cover removal and repairs via their own insurance.
Newbie
Apr 28, 2008
37 posts
2 upvotes
Toronto
Not necessarily your neighbors responsibility. You should call your insurance broker. DO NOT tell them you are making a claim, just asking a "what if" question. Property and casualty insurers have a funny way of opening claim files everytime a customer calls in. You don't want that happening...yet.
Jr. Member
Dec 1, 2010
169 posts
23 upvotes
You guys are probably right about the insurance thing. I never thought it would get to that point without any damage. I figured if I had a tree fall into a neighbor's yard, I'd probably clean it up.
Newbie
Jul 15, 2009
66 posts
3 upvotes
Saint-Laurent
Beause it is front yard, therefore City Hall will clean it , not the owner.
Deal Guru
Dec 31, 2005
12844 posts
571 upvotes
betty2009 wrote:
Jun 8th, 2011 9:01 am
Beause it is front yard, therefore City Hall will clean it , not the owner.

Only if it was actually on the municipal land...not all land in the front of your house is owned by the city. Even then, there are conditions.
Deal Addict
User avatar
Jun 12, 2003
2715 posts
37 upvotes
Markham
Uhhh this is a basic case of unintentional negligence according to common law....It's your neighbor's responsibility by law.......If he doesn't clean it up (by whatever means he wants).....I don't know how it's going to play out, outside of court. But in court, it's his responsibility.

The info given by previous posters regarding insurance, that's the answer to "What to do if I want to clean it up?". Your neighbor should be asking himself that question.
Moderator
User avatar
Jul 5, 2004
21386 posts
1585 upvotes
chinaboy1021 wrote:
Jun 8th, 2011 9:31 am
Uhhh this is a basic case of unintentional negligence according to common law....It's your neighbor's responsibility by law.......If he doesn't clean it up (by whatever means he wants).....I don't know how it's going to play out, outside of court. But in court, it's his responsibility.

The info given by previous posters regarding insurance, that's the answer to "What to do if I want to clean it up?". Your neighbor should be asking himself that question.

I'm not saying you're wrong, but when you dispute what someone else says and when you state that your post is backed by the law, you should really post the relevant section of the law you're talking about. Otherwise how is anyone going to know you're right.
Toronto Maple Leafs tickets for sale. PM me for details
Newbie
Apr 28, 2008
37 posts
2 upvotes
Toronto
Storm blows over tree becomes unintentional neglect. Now that is a good one! LOL.
Deal Fanatic
User avatar
Jun 2, 2010
5828 posts
2701 upvotes
Markham
The big tree in the front near sidewalk belongs to the city. call 3-1-1. thats what I did few years ago and they came and clean it up :razz: or just drag it onto the street and call them.... :cheesygri
Deal Addict
User avatar
Jun 12, 2003
2715 posts
37 upvotes
Markham
3 conditions to meet negligence:

Defendant owes the plaintiff a duty not to harm
Defendant’s actions constitute a breach of that duty
Plaintiff suffers some damages as a direct result (causation) of the defendant’s actions

Check out the tree and see if it was either weak or sick. Check out the roots for rotting in order to satisfy the first condition. Second condition is given, as the tree has fallen. Third condition, your damage would be the cost of you removing the tree.

You wouldn't be making a punitive claim, you are simply asking that the state of your driveway be restored to its original form (unblocked). This only applies in law.

Practically, who is going to clean up the tree? You, no. The municipal, no (new home owners pay for their trees when the house is built). Neighbor, yes. If you answer no to neighbor, that's fine. You're not paying court fees to dispute this anyways. Enjoy trying to get rid of the tree though.
Moderator
User avatar
Jul 5, 2004
21386 posts
1585 upvotes
chinaboy1021 wrote:
Jun 8th, 2011 10:57 am
3 conditions to meet negligence:

Defendant owes the plaintiff a duty not to harm
Defendant’s actions constitute a breach of that duty
Plaintiff suffers some damages as a direct result (causation) of the defendant’s actions

Check out the tree and see if it was either weak or sick. Check out the roots for rotting in order to satisfy the first condition. Second condition is given, as the tree has fallen. Third condition, your damage would be the cost of you removing the tree.

You wouldn't be making a punitive claim, you are simply asking that the state of your driveway be restored to its original form (unblocked). This only applies in law.

Practically, who is going to clean up the tree? You, no. The municipal, no (new home owners pay for their trees when the house is built). Neighbor, yes. If you answer no to neighbor, that's fine. You're not paying court fees to dispute this anyways. Enjoy trying to get rid of the tree though.

You still failed to quote the section of the law that you claim applies...
Toronto Maple Leafs tickets for sale. PM me for details
Deal Addict
User avatar
Jun 12, 2003
2715 posts
37 upvotes
Markham
I'm not providing legal advice and claims. The nature of my response is as a discussion response to the original question.

My information is just based on my own analysis of the situation, based on my own knowledge of law, which I acquired by reading a textbook.

I am not going to source to prove myself right.
Deal Addict
User avatar
Jun 2, 2009
2087 posts
92 upvotes
Toronto
chinaboy1021 wrote:
Jun 8th, 2011 11:11 am
I'm not providing legal advice and claims. The nature of my response is as a discussion response to the original question.

My information is just based on my own analysis of the situation, based on my own knowledge of law, which I acquired by reading a textbook.

I am not going to source to prove myself right.

How does that make sense?! It's your duty to provide a source for your claims. Otherwise I could just as easily claim drinking cyanide is a health benefit without citing a source.

It isn't the duty of people to prove you wrong. Without sources, your claims are baseless and can be ignored.
× < >

Top