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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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IF OUR NEIGHBOR HAD A TREE THAT FELL OVER ON OUR PROPERTY &

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IF OUR NEIGHBOR HAD A TREE THAT FELL OVER ON OUR PROPERTY & DESTROYED OUR GARAGE, & FENCING, ARE THEY & THEIR INSURANCE LIABLE FOR DAMAGES? IT CAME DOWN IN A BAD STORM IN ALTON, ILL.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 6 months ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.I am sorry you are dealing with this situation. I hope no one was injured. This is not always a pleasant question to answer as the general rule is that unless the tree was in poor condition or dead and the neighbors could have prevented it from falling, the neighbor is not responsible for damage. This is often referred to as an "act of God". Now the question hinges on has your neighbor taken reasonable care of the tree in its maintenance? If not, then the neighbor could be held liable for negligence in maintaining the tree and therefore liable for your damages. The court must find that a reasonable person would have or should have known the tree posed a danger of falling in a storm or that they failed to reasonably inspect the condition of the tree.Some silver lining is that your insurance should cover the damage. Also, your insurance company may determine that the neighbor was negligent and seek reimbursement by them for their cost of fixing your residence. In addition, if the fence is shared between the properties, then the neighbor bears a share of the cost to replace and repair.Thank you for allowing me to help you with your questions. I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (3 stars or more). I thank you in advance for taking the time to provide me a positive rating! If you are on a mobile device, you may need to scroll to the right. . Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).
Expert:  J. Warren replied 6 months ago.
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

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