Liability?

New neighbors just moved in and they built this ugly fence…the other day there was a storm and a branch from a tree on our side of the fence knocked one of their cheap plastic fence knobs off…normally I wouldnt mind paying but they were extremely rude about it…is it legally my liability to pay for their fence considering they put that cheap of a fence right under a tree knowing the risk they were taking…or can I tell them to have fun paying for their cheap mistake?

Answer #1

Talked to my lawyer and he said this “That depends on what caused the tree to fall. The mere fact that it was the neighbor’s tree is not enough to create liability for damages on the tree owner. Trees can fall through no fault of the owner’s, such as in a hurricane. In order to be able to hold the neighbor liable for damages, the homeowner must show that the treeowner’s actions somehow contributed to it falling. “…thank you for your advice but I’m not just not paying because of their attitudes…I’m also not paying because of the situation they put themselves in by building the fence…think about it…why should I be liable for someone else building a fence that could possibly undergo damage from a tree that is beside it…If people were made liable for happenings of God and Nature anyone could take advantage of anyone…thanks SOOO much again for your advice and I don’t intend to be rude but until the day I climb the tree and clip a branch and that branch hits their fence and brakes it or I neglect to care for the tree, I am not paying them a dime for the repairs of their fence.

Answer #2

Oh they are naturally anal people, I cannot change how they act lol…but I can control if I pay or not…I don’t have to please them to feel fufilled or at ease…I enjoy life anyways :)

Answer #3

Pay for the repair of the fence…your tree damaged their property. The fact they were rude about it or the fact that their fence was cheap and ugly is of no consequence.

Answer #4

Whatever, but you have to live next door to them.

Enjoy that.

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