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Re: Neighbor's tree broke my fence



>The general rule is that the owner of a tree that's blown down isn't
>liable unless he knew or should have known that the tree was unsound.
>Unless New York has some unusual tree laws, or the tree was in poor
>condition, he's right.
>
>As a homeowner, your options are pretty much limited to filing a claim
>with your insurance (they will pay you; and if they think he's liable,
>they will subrogate) or fixing up the damage yourself (and if you
>still think he's liable, take your chances in small claims).
>
>If the amounts involved are significant, and you aren't happy with
>your insurance company's response, see a local lawyer and go from
>there.
>
>-- 
>Not a lawyer,
>
>Chris Green
>
For what it's worth, my neighbor's tree split and a large section fell on my
car, denting the hood. I checked with an attorney, and my options were limited
to either my own homeowner's or auto policies. 

Sherry




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