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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31731
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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A pine tree on the Golf Course adjutant to our home, fell

Customer Question

A pine tree on the Golf Course adjutant to our home, fell during a wind storm and caused damage, (chimney stucco, & roof) to the house. The land where the tree was situated has not been maintained(watered, mowed, ) for some time. Estimates for the total repair are in the range of $1,300. The Insurance carrier for the Golf Course have taken the position that , "It was a Act of God" We have a $1,000 deductible on our home Owners insurance. Is it worth it to pursue this in Small Claims Court ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, it is very likely that the landowner would not be liable for the tree falling IF it fell during a windstorm and it was truly an "Act of God".

Expert:  Roger replied 1 year ago.

The only real issue would be if the tree was rotten, dead, etc. and the landowner knew it and didn't take action to remove the tree and end the threat of it falling.

Expert:  Roger replied 1 year ago.

If that were the case, the landowner could have some liability for being negligent. However, if the tree was alive and only fell due to the windstorm, there's no liability.

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