Jump to content

Who should pay
Our tree hit neighbours clothesline


  • Please log in to reply
35 replies to this topic

#1 paula89

Posted 28 January 2013 - 01:29 PM

During all of the heavy winds we had yesterday a tree in our backyard fell down. The majority of it landed in our neighbours yard. It was a healthy tree, and just couldn't hold up against the wind, I guess. Luckily it didn't hit any houses, and but it did smash their clothesline. DH is out there now, getting rid of it with the neighbours. I feel like we should offer to replace their clothesline (or at the very least pay half) since it was our tree that did the damage. DH thinks that we are not responsible since there was no way we could have forseen it (tree was in good condition not rotted etc) and it was a freak accident, and so we should not have to pay anything. WDYT?

#2 Tooties

Posted 28 January 2013 - 01:34 PM

Happened to my parents once - the ladder fell over and landed on the neighbours car. My parents were responsible for the repairs because it was their ladder that damaged the neighbours property - foreseeable or not. Saving grace was that insurance covered it - their house insurance. So, have a look at your home and contents insurance and see whether it covers accidents and extreme weather events such as this. Also, a clothes line isn't that expensive, it may just be worth replacing it than paying an insurance excess on it.

#3 Sunny003

Posted 28 January 2013 - 01:35 PM

From previous threads, I'm pretty sure you are responsible, as it was on your property.

#4 Lyra

Posted 28 January 2013 - 01:36 PM

I would pay

edited because for some reason I hit reply before I was ready LOL

Anyway, I would pay because I think it's the right thing to do. It was your tree. I would rather pay for damages done by your tree to keep good relations with the neighbours

Edited by Lyra, 28 January 2013 - 01:38 PM.


#5 luke's mummu

Posted 28 January 2013 - 01:37 PM

Legally they are responsible, but if I was you I would offer to pay 1/2 at least.

We had a similar situation last year - the veranda roof of our neighbour's blew off, and crashed onto our roof, breaking a few tiles and bending the gutter. It cost $300 for our repairs. We have a $900 excess on our home insurance. I made a lot of phone calls to insurance companies, and they are all the same There is no "at fault" insurance cover for houses. We asked the neighbours to pay 1/2 they said OK but we are still waiting for it.......

Edited by luke's mummu, 28 January 2013 - 01:38 PM.


#6 anikal

Posted 28 January 2013 - 01:38 PM

Short answer, your tree - your responsibility.

Check to see what your insurance will cover. I had a nieghbour's tree take out a fence and back shed about ten years ago. My insurance dealt with everything including removal of the tree remnants and then got their money back from the neighbour.

If you get along with the neighbour, I'd just pay for the clothesline and be done with it.

HTH


#7 FreeRangeMum

Posted 28 January 2013 - 01:38 PM

Washing lines aren't super expensive are they? It's probably not worth claiming on your insurance unless you have a low excess?

#8 ~chiquita~

Posted 28 January 2013 - 01:39 PM

It was your tree, you are responsible for the damage.
Buy them a new clothesline.

#9 Swahili

Posted 28 January 2013 - 01:42 PM

Yep, it was your tree, so the decent thing to do is to pay for a new clothesline.

#10 StilettoMum

Posted 28 January 2013 - 01:46 PM

I will go against what others say, a quick google and look at government website states:

If, however, a strong, healthy tree blows down across the fence in a storm, this is considered to be an ‘act of God’ for which there is no liability.

Liability changes however from my read on things if the tree was unhealthy, you had been warned that the tree was unhealthy or posed a risk and took no action or did not care for nor maintain the tree.

That said, to preserve neighbour relations I would offer to pay a proportion of the cost.




#11 paula89

Posted 28 January 2013 - 01:47 PM

I'm glad you all agree with me. Will show this thread to DH. Clotheslines aren't expensive so i don't think it'd be worth using insurance

#12 EssentialBludger

Posted 28 January 2013 - 01:48 PM

I'd pay, even I'd not legally responsible. It's the neighbourly thing to do IMO.

If I were the neighbour I probably wouldn't accept anyway, but would very much appreciate the offer.

#13 Peppery

Posted 28 January 2013 - 01:48 PM

I would pay for the cost of the clothesline.

#14 wanting3

Posted 28 January 2013 - 01:53 PM

I just bought the top of the line Hills hoist from Bunnngs and it cost less than $300. Ask them what they would like. Have a look online, as alot of families now prefer other forms of line dry than the old hills. (as were the previous owners of this house who had no line at all). The top of the line hills can now handle a king size bed sheet, on the outer line. I love it

You can get pull outs, movable, etc work out what is suitable, and just pay up. Better to be on good terms with the neighbour, than be a lawsuit waiting to happen.

#15 neshas4kids

Posted 28 January 2013 - 01:55 PM

I have worked in the insurance industry for 12yrs now and even if your tree falls and completely demolishes your neighbours home, it is up to your neighbour to have insurance to protect their property.

In saying that though, its probably the neighbourly thing to do to offer to pay half of a new clothesline, you should get out of it for less than $200

#16 Jigsy 0308

Posted 28 January 2013 - 01:56 PM

I would certainly offer to pay. It is up to them if they choose to accept or not.

#17 Gudrun

Posted 28 January 2013 - 02:51 PM

We have had trees twice fall on our neighbour's property from our place, one just recently.  Our insurance company paid for our damage and his for his, the fence shared in both cases.

#18 Gudrun

Posted 28 January 2013 - 02:51 PM

DP

Edited by Gudrun, 28 January 2013 - 02:52 PM.


#19 Phascogale

Posted 28 January 2013 - 02:54 PM

You're not liable but in the interest of neighbourly relations I'd offer maybe half.  If you're really great neighbours and you know that if the opposite happened that they would offer to pay, then I would pay for a replacement.

Wouldn't be worth claiming on insurance.

#20 paula89

Posted 28 January 2013 - 02:55 PM

We have talked to them and offered to buy them a new clothesline. They refused, so we suggested going halves. He didn't seem to like the idea of us paying anything but he may change his mind. We left the ball in his court so we'll wait and see what he does.

I'm just glad the tree is gone! It was ugly and I have been asking DH to cut it down for quite a while.

#21 BetteBoop

Posted 28 January 2013 - 02:58 PM

Why would people offer to pay for something that isn't their fault legally or morally? The fact that a tree happens to be located somewhere before a storm blows it away, is irrelevant.

The storm caused the damage, not you.

This is the reason why people have insurance policies. But an old clothes line isn't worth much anyway. If they wanted to replace one with another second hand one, people advertise them in the Trading Post or Gumtree as free.

#22 YandiGirl

Posted 28 January 2013 - 03:03 PM

It would not occur to me to not pay for any required repairs. My tree, my responsibility.

We just had a storm take a tree out in our yard. Took down the fence and the chicken coop. Gratefully it didn't touch anything of the neighbours property or fences.

I would have been most annoyed at my insurer if they didn't pay for any neighbours damage and the neighbour had the hassle of dealing with their insurer as a result of my tree falling down.

#23 countrymel

Posted 28 January 2013 - 03:17 PM


QUOTE (paula89 @ 28/01/2013, 02:47 PM) <{POST_SNAPBACK}>
Clotheslines aren't expensive so i don't think it'd be worth using insurance


Brace yourself - if it was a proper metal Hills Hoist they are around $700 - $800.

I know this as I need one and haven't been able to justify the expense just yet as I have 'something' to hang the washing on...

#24 Sassy Dingo

Posted 28 January 2013 - 03:20 PM

I rang my insurance company this morning for this exact reason - a neighbour's tree had fallen down and crushed the boundary fence and our clothes line last night - I actually opened this thread thinking you were our neighbours.

I rang my insurer this morning and they said that unless you were negligently messing with the tree (cutting it down incorrectly or something) then it is just one of those things. According to Allianz I have to get quotes for tree removal (estimated 3 tonne) and a quote for a new clothesline.

The only cost that is shared is the boundary fence as it goes 50% each.

I am quite cranky at this actually, as it means that I have to pay an excess and lose my no claims bonus and stuff around getting quotes and stuff for my neighbour's tree. I don't think I should be out of pocket at all. But that's life.

Oh, we went to Bunnings this morning to price a clothes line and it was $239 for a 6 string hills hoist.

#25 Furthermore

Posted 28 January 2013 - 03:53 PM

QUOTE
I have worked in the insurance industry for 12yrs now and even if your tree falls and completely demolishes your neighbours home, it is up to your neighbour to have insurance to protect their property.


Phew!!  I was beginning to have heart palpitations imagining a big storm dropping a tree on our house AND another from our property on the neighbours and house and thinking we'd not have enough cover to rebuild both houses!






1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Britain's youngest parents: mother 12, father 13

A 12-year-old schoolgirl and her 13-year-old boyfriend are believed to have become Britain?s youngest parents, after the birth of their baby girl earlier this week.

When Prince George met Bilby George

Prince George has met an Aussie marsupial named after him in his first official engagement in Australia.

Asphyxia link another piece of the SIDS puzzle

An Australian study has uncovered information which could lead to a better understanding of why babies die from Sudden Infant Death Syndrome.

Pregnant woman dies after doctor removes ovary instead of appendix

When a UK woman went to hospital suffering appendicitis, doctors mistakenly removed her healthy ovary - with tragic consequences.

The milestones I can't wait to celebrate

Nothing can beat the feeling of witnessing that first smile, first step and first word - but here's a list of 'firsts' I'm really looking forward to now.

How you develop in your baby's first year

Just as babies undergo rapid growth as they learn and change in their first year, we?re learning and changing quickly as parents, too. Don?t underestimate the developmental stages you go through when you have a baby.

Can you make your baby smarter even before birth?

A product new to Australia claims to help babies be born "as intelligent as possible", but not all experts agree on the benefits of educating babies while still in the womb.

How a mother's love helped unearth the skills of an autistic savant

Autistic savant Ping Lian Yeak, a prodigious artist who has had his work shown all over the world, couldn't have done it without the support and love of his proud mum.

Rescue dog Zoey and BFF Jasper star in adorable pics

Photographer, self-professed "crazy dog lady" and mum Grace Chon takes photos of rescue dog Zoey and her 10-month-old son Jasper together. The results are just too cute. See more on Instagram @thegracechon.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

A tiny heart: a baby?s death gives life to another

Simon Alexander Garcia lived only one brief hour. But somewhere, a little girl?s heart is beating today because of him.

Ear piercing: what age is best?

What is it that shapes our opinions on what?s an 'appropriate' age for our children to get their ears pierced? Parents share their views on how young is too young when it comes to piercing.

Why is childbirth still such a pain?

The options given to women to help them cope in labour have barely changed in years.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Ideas for recording baby milestones

Get the props, lights and camera ready to record the milestone moments in your baby's first months and years. Tip: set a reminder in your phone (or jot it in a calendar) to make sure you remember it every month.

From penis amputation to fatherhood

After a botched circumcision as a child, Mike Moore was left without a penis. Years later, and after meeting the right surgeon, he was able to become a dad - naturally.

Asphyxia link another piece of the SIDS puzzle

An Australian study has uncovered information which could lead to a better understanding of why babies die from Sudden Infant Death Syndrome.

Your baby's first shoes, made with your own hands

Imagine someone saying to you, "Your baby?s shoes are magnificent, where?d you get them?" And you reply, "Oh, these? I made them."

Mother bites off pit bull's ear to save toddler

What would you do if your child was being attacked by a vicious dog? One mother recently had to learn the hard way.

Couple dies 15 hours apart after 70 years of marriage

A couple who held hands at breakfast every morning even after 70 years of marriage have died 15 hours apart.

Behind the scenes of Kate and George's cuddly photo

Every face is partially obscured, but there's no denying the happiness and love in the faces of the royal mum and bub.

7 tips for a kid-free trip, not a guilt trip

Although I?m jumping out of my skin to take my child-free holiday, I?m dreading the goodbye. But I?m determined to make the most of it without tarnishing it with guilt or sadness about leaving the kids.

Your baby?s developmental roadmap

Caring for your new baby can feel like driving along a dark highway without a GPS: you know your destination ? a happy, healthy human being ? but you?re not sure whether you?re heading in the right direction.

Breaking out of the isolation of motherhood

There can be many reasons for mummy isolation ? and you don?t have to be a new mother to feel like you're often doing it all alone. Here, mums share their stories of feeling isolated, and what they do to try to break out of it.

The billionaire baby with $10,000 worth of prams

When money is no object you can go all out when it comes to baby transportation, as this billionaire socialite has shown.

Medication helps depressed mums to breastfeed

Breastfeeding mums are often told their medication may pass into their milk, but a new study suggests the benefits of taking antidepressants are greater than any risks to baby.

 

Free Printable Activities

Keeping little hands busy

Free printable acitivity pages like colouring in, cutting, word finders, mazes, maths activities and puzzles.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.