Fallen Trees - whose responsibilty?

Like so many others on the south shore, my parents have three fallen trees in their backyard. Their back fence is destroyed because two of them came over the fence as they fell from the neighbor's yard. Whose responsibility is the clean-up and repair for the fence? Is it the neighbors' responsibility since the trees were technically on their property or my parents' responsibility because they landed on their property?

also, what does homeowner's insurance cover in situations like this? (I am assuming nothing because weather is an act of god...maybe they would help with the fence- but to repair that may be less than their deductible...)

any thoughts or advise here?

Re: Fallen Trees - whose responsibilty?

I would think it's the neighbor's responsibility because it was THEIR tree...

Re: Fallen Trees - whose responsibilty?

There are a few similar threads this weekend. It seems everyone is responsible for repairing damage to their property regardless of who owns the tree. The exception would be if you could prove the tree owner was aware that the tree could cause damage. Trees that fell due to this storm would be considered an act of God.

Re: Fallen Trees - whose responsibilty?

In the 80s there was a bad storm and my parent's neighbors tree fell on my parent's house. The neighbor's homeowners insurance covered the damage.

Re: Fallen Trees - whose responsibilty?

I believe if the tree is on your property, you are responsible, but the owner's homeowners insurance may cover it.

Re: Fallen Trees - whose responsibilty?

checked with our policy and my parents (to see if it happened to us) the tree's responsibility and the damages that occur in NYS is the responsibility of where the tree/damage is.

SO if your neighbor's tree falls onto your yard, takes down your pool/fence it goes under your home owners insurance.

The only thing that the neighbor should do is be kind enough to pay your deductible. This all had taken affect after hurricane gloria.