What to do???

unclemoustache

unclemoustache

My 'stache is bigger than yours.
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S. Il. near St. Louis
So a tree at one of my rentals dropped a live branch on the neighbor's fence.
He asked about who is responsible, and I told him that generally the law states that for live branches, it doesn't matter who owns the tree, the insurance of the one who received the damage will cover it.
But if the branch was dead, then the owner of the tree should have trimmed that out and was negligent, so the cost is on the tree owner.
So I told him to contact his insurance about it and let me know.

Just got a text, and he said that his insurance has a deductible that is more than the cost of the fence repair.

BUT he wants to know if I'm willing to help pay for any of it.
That strikes me as kinda petty, since, if I was correct with my understanding of how the law works, it's not my responsibility at all.

But on the other hand, I was planning on taking that tree down anyway due to the fact that it's rotting at the base. (NOT where the branch was - that was very healthy wood).

Also, I'm a nice guy and feel like I owe the guy a bit because a guy who was renting a garage from me kept it pretty messy, despite my constant complaining to him. Fortunately he's out now, but that neighbor had to endure the mess for a while.

So, what do you think? I'm guessing the panel costs between $100 - $200. Should I throw him a few bucks?
 
grizz55chev

grizz55chev

Tree Freak
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Dec 9, 2010
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northern calif., around auburn
So a tree at one of my rentals dropped a live branch on the neighbor's fence.
He asked about who is responsible, and I told him that generally the law states that for live branches, it doesn't matter who owns the tree, the insurance of the one who received the damage will cover it.
But if the branch was dead, then the owner of the tree should have trimmed that out and was negligent, so the cost is on the tree owner.
So I told him to contact his insurance about it and let me know.

Just got a text, and he said that his insurance has a deductible that is more than the cost of the fence repair.

BUT he wants to know if I'm willing to help pay for any of it.
That strikes me as kinda petty, since, if I was correct with my understanding of how the law works, it's not my responsibility at all.

But on the other hand, I was planning on taking that tree down anyway due to the fact that it's rotting at the base. (NOT where the branch was - that was very healthy wood).

Also, I'm a nice guy and feel like I owe the guy a bit because a guy who was renting a garage from me kept it pretty messy, despite my constant complaining to him. Fortunately he's out now, but that neighbor had to endure the mess for a while.

So, what do you think? I'm guessing the panel costs between $100 - $200. Should I throw him a few bucks?
Yep, good fences make good neighbors, offer $75. That should cover the beer tab anyway!
 
old CB

old CB

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Regardless of the legal aspect, I'd go half the cost of the fence. I've never heard the live/dead aspect you speak of, but if my neighbor's tree dropped a limb that damaged anything on my property I would think the tree's owner is responsible for the cost. If he's happy to split the cost, I'd say you're doing well on the deal. Whatever the $ figure, it will seem like nothing a few years down the road when and if you need good relations with your neighbor.
 
Section VIII

Section VIII

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He told me the fence panel was $850. Wowza. I wonder if that was labor as well.

He did help me clean up the branch. He's a nice guy, but his dogs are rather annoying. Bassets.

Yeah, I'll throw him something. $150 sounds good.

Considering that I paid ~$4800 for an old-style fence (forgot what is called) that was approximately 200' with heavy gauge chicken wire, a double gate, a single gate, and custom gate on the deck, I'd say that's a bit high.

Edited for a carriage return in the middle of $4800.
 
Jersey Bob

Jersey Bob

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Is it a vinyl fence panel? My neighbor has been trying to get more for his property and they aren’t available in the color he has, only white and twice as much as he paid for the original. I don’t remember how much they want now.
 
SS396driver

SS396driver

To much wood
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Catskill Mountains NY
Regardless of the legal aspect, I'd go half the cost of the fence. I've never heard the live/dead aspect you speak of, but if my neighbor's tree dropped a limb that damaged anything on my property I would think the tree's owner is responsible for the cost. If he's happy to split the cost, I'd say you're doing well on the deal. Whatever the $ figure, it will seem like nothing a few years down the road when and if you need good relations with your neighbor.
Unc is right . If the tree was visually dead it's the tree owners neglect. But if it's a live tree and falls on the neighbors property it's the neighbors responsibility financially
 
EchoRomeoCharlie

EchoRomeoCharlie

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Midwest
A pissed off neighbor can make your life a living hell....a couple hundred bucks is definitely worth keeping a good relationship with the neighbor.

As long as the relationship is generally good now, I would agree to pay half, but I would want to see a legitimate bill...especially if the price is $850 for a single panel of a fence...
 
holeycow

holeycow

Dirt, Air, Water, Sun; Seeds.
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That's awesome, it looks like it only affected one section. Pretty minimal damage considering. If it's 850 to replace one section of vinyl fence I'm pretty confident I'll never have a vinyl fence.

ps, it looks like those panels could maybe be re-used? And maybe even the top rail with a little ingenuity on the joinery to the posts.

anyway, it's a pretty minor problem in my mind, both financially and labour wise.
 
unclemoustache

unclemoustache

My 'stache is bigger than yours.
Joined
Jan 22, 2009
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S. Il. near St. Louis
Keep in mind, he's not my neighbor - he's the neighbor of one of my rentals, so I don't really have to deal with him.
Still, I like to have a good reputation with as many people as possible, but I'm not paying $400. I suspect he's lying to me about the price, but that's OK. I think I'll do the $150 even if I'm really paying for all of it. No big deal.
 
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