Saturday, October 13, 2018

The Law of the TREE!

When cars were art!
 2001 Austin Martin Vanquish voted one of the worlds most beautiful cars.

Have I said anything about fallen trees here?  I cannot remember.  When trees fall on property your house from your own front yard of course it is your tree and your problem.  Common sense, that is a no-brainer, a term I have heard over the years.

BUT when the tree in your neighbors front yard falls over on your house, That also becomes YOUR TREE and YOUR RESPONSIBILITy.  Many people do not know that, I sure didn’t until hurricane HUGO came from Charleston all the way to Gastonia, NC on our anniversary many years ago.
A huge tree fell from a neighbor’s yard and smashed my BIL Vernon’s  truck.
     (Pics from the net not mine)

He called me to come down and take pictures before “The Neighbor moved the tree to show it was not his tree.” I went down, made a movie and some snap shots.

Imagine OUR surprise when the neighbor’s insurance man said, “The only damage on your neighbor’s property is the tree stump. We will cut the tree at the property line, I’m sorry for your loss, but we insure his property not yours.  That part of the tree the property line on is your tree now.”

Now that doesn’t seem fair to me. There are several incidences in this county now from Tropical Storm Michael, and people are beginning to learn the facts of fallen trees.
 Have you had any insurance rule surprises?

Nite Shipslog

Many people are still suffering from the storm that hit NC &SC.  Then Michael shows up and the pictures I have seen from the Gulf coast are horrible.   WE should do what we can in the way of sending donations thru trust worthy causes.  Our district churches just sent a truck load of supplies to eastern NC.  I like to see the churches involved, after all that is part of our obligation as Christians.


betty said...

I always thought that if my tree damaged someone else's property I would be responsible. Interesting to learn perhaps otherwise. Yep, I have an insurance rule thingy. I blogged about it but it happened now 7 years ago. I backed the car into the garage, but actually hit the side of the garage of a rental house we were moving out of. Neither our rental insurance or the auto insurance would authorize coverage for the damage to the house (thankfully it was "minimal") The auto insurance paid for repair of the car. No one could ever give me a clear understanding of why neither insurance would cover it.


Lisa said...

This is correct. A neighbors tree fell over my late father in laws fence and all the neighbor was responsible for was his side. They call it and “act of God”, BUT if the tree is dead then the neighbor is responsible. SO if you see dead trees in a neighbors yard, take picutes and keep them, it may save you some money down the road (no pun inteneded).

Packing up and heading home

I'm mostly known as 'MA' said...

I would hope that my insurance would cover the cost, but really never had reason to find out. Now I have big trees all around me, but I'm renting so the cost would be up to the park owners, not me. The only insurance I have is for the contents of my home and with the exception of a deductible, everything is covered. Yes, terrible loss from the hurricanes. I have heard that there are folks in NC by the coast that are still dealing with flooded areas and can't get into their homes. It takes a long while to recover from storms like those. Thankfully many are trying to help. That's what we do and we can only hope that we would be helped if we needed it. One thing is for sure, it really makes you appreciate what's important in life.

Glenda said...

Didn't know that about insurance rules: NO it doesn't seem fair! Life isn't fair, but it'S still beautiful.
The Aston Martin has always been one of my favorites; along with the 60s XKE Jaguar. Great pics.
There are various organizations here sending relief $$$ and supplies. I know two linemen who are in the Gulf, can well remember the aftermath from Frances and Jeanne in '04.
So happy you have your "real Home" back, know you're loving it!

Mevely317 said...

I had no idea! And yes, that's sooooo UNFAIR! Back in Arizona we had two enormous cypress trees I was convinced would topple someday, right into our neighbor's roof.
I don't suppose that would stop the 'injured party' from suing his neighbor … would it?

Dar said...

What Lisa said is true up north act of God if a tree falls on your roof from the neighbors. We have so many mature trees on our front and side lawns that are bound to go in one of our storms. We get strong winds, tornadoes and heavy snow. Snow, it's our responsibility to keep it off our roofs. Our neighbor had the roof of a huge garage/storage building collapse on his logging truck, 4-wheelers and pick-up that his ins. co. did not cover because he didn't keep the roof clean of heavy snow and ice. Another reason to always read the fine print and in between the lines. Even if the power is out for a week, it's still our responsibility to use generated power to keep our food from spoiling in our I think That should be covered.~ I agree it's great that the churches and other organizations are doing what we can to help out in times of need. The damage on the coast as well as our western and parts of the southern coasts of Lake Superior were severely damaged as well. National news never covers areas that are not so populated even tho there were record waves splashing as high as lighthouses.
love n' hugs from up north where it's snowing ***intermittently with rain.

Chatty Crone said...

I have to tell you - unfortunately - it is true here in GA too - and we do have a ton of trees here.

I have a friend in Cary, NC and she had trees down this time.

Hope you are okay.

Love,s andiae


so sad about the hurricane devastation.

jadarnel27 said...

I just found this out a few weeks ago! A neighbor's tree fell on our car during Hurricane Florence, and their insurance did not cover a thing.

Fortunately, because the tree landed on our fence as well as the car, our homeowner's insurance ended up covering the "debris removal" (the tree), but only because the tree damaged "covered property" (the fence). Auto insurance covered the damage to the car, so we really have nothing to complain about. But I was surprised by the tree rule as well.

Another interesting tidbit I learned: our homeowner's insurance policy DOES cover tree removal if a fallen tree blocks our driveway (which it did).