Jump to content

Who should pay
Our tree hit neighbours clothesline


  • Please log in to reply
35 replies to this topic

#1 permiemumma

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 FeralProudSwahili

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 permiemumma

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 permiemumma

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 HRH 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 Crinkle cut

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

 

WIN a $500 Visa debit card

Are you a parent? Simply take our survey for your chance to win a $500 pre-paid VISA debit card.

Breastfeeding doesn't make you a better mum - feeding your baby does

Given my immense dislike of Hopkins and her opinions, I was genuinely shocked to discover that last week she actually said something that I agreed with.

'Toni, another baby has died': the anguish of watching governments fail our babies

It has been six years since whooping cough claimed the life of four-week-old Dana McCaffery. Her parents are angry that lessons learnt weren't enough to save other babies.

Longer breastfeeding linked to higher IQ

A study of 3500 infants has found that babies who are breastfed grow up to be more intelligent and wealthy.

The 2015 flu vaccine: what's new, who should get it

For certain members of the community, catching flu can lead to severe illness or death. A vaccination can be lifesaving.

Dealing with a nappy escape artist

I hear about the tots that have a penchant for ripping their nappies off and the odd one that even smears the brown stuff on the walls and fine home furnishings, and I shudder.

Hospital apologises for 'traumatising' baby mix-up

St Vincent's Hospital has apologised "unreservedly" for a baby mix-up that left one new mum traumatised.

Tips for flying with a baby

Travelling with kids requires a whole other set of skills - ones that I have learned through (sometimes unfortunate) trial and error.

How to stay calm in an emergency

I’m not expecting you to be as calm as you might be right now. What I mean is that if your panic levels are through the roof during a stressful situation, let’s bring them down to just under the ceiling.

Toddler gets 'drunk' after cranberry juice mix-up

A toddler was taken to hospital after a waitress served her sangria instead of cranberry juice at a US restaurant.

We need to stop using this word when we talk about childbirth

Is it shaming to point out that women are often being let down in birth?

The certificate helping parents deal with pregnancy loss

For some people, this certificate will offer a sense of validation that their child was acknowledged as being here and now gone, and will help them with life post-loss.

Grieving families give warnings after toddler deaths

Two Queensland families are grieving the loss of their toddler sons after the boys drowned in separate incidents last week.

The phenomenon of phantom pregnancy kicks

'Phantom pregnancy kicks’ are encountered by many mums months - or even years - after their pregnancy is over.

The health insurance advice you can't afford to ignore

There's one simple switch that could save you hundreds of dollars a year in private health insurance.

4D scans show how smoking affects babies still in the womb

The harmful effects of smoking during pregnancy on unborn babies may be seen in tiny movements in their faces using 4D ultrasound scans, research has found.

How to babyproof your job interview

Once upon a time, I was a fan of job interviews. That all changed after I'd switched careers, had a baby and decided to spend the first year at home with her.

Sign up to our 30 days of #PlayIQ challenge

Sign up to receive 30 amazing tips and ideas for play with baby during the month of April and submit a picture or tip on our social wall for a chance to win an amazing Fisher-Price prize pack.

The most dangerous toddler food trends

Pete Evans' paleo cookbook for kids caused a storm, but there are plenty of other unsafe food trends for babies and toddlers.

Infection killed new mum of twins

Modern medicine could not save 19-year-old Sophie Burgess who died 48 hours after giving birth to twins in the UK.

Win a Ben & Holly's Little Kingdom prize pack

To celebrate the April 1 release of Holly's Magic Wand on DVD and Digital, we are giving away five DVD packs featuring the newest installment of Ben & Holly's Little Kingdom Holly's Magic Wand and many more hours of family entertainment! Enter Now!

Special Ticket Offer, Save $8!

The Essential Baby & Toddler Show is back this April! Save $8 off the door price for a limited time only!

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Sign up to our 30 days of #PlayIQ challenge

Sign up to receive 30 amazing tips and ideas for play with baby during the month of April and submit a picture or tip on our social wall for a chance to win an amazing Fisher-Price prize pack.

Man faces jail after giving woman abortion pill smoothie

A Norwegian man is facing jail after putting abortion pills in his ex-girlfriend's smoothie, causing her to have a miscarriage.

'He's a blessing': family of baby born without eyes

Jordy Jackson was born without eyes. He has anophthalmia, which affects one in every 100,000 babies born.

Win one of 5 Cadbury Easter Hampers

With Easter fast approaching, Cadbury are giving away 5 Cadbury Easter Hampers. Enter Now!

Super fit model Sarah Stage defends her pregnancy body

Model Sarah Stage has defended her pregnancy body after critics claimed her slim figure at eight-and-a-half months pregnant wasn't "normal".

Win a Ben & Holly's Little Kingdom and Peppa Pig prize pack

To celebrate the April 1 release of Holly's Magic Wand on DVD and Digital, Essential Baby and Entertainment One are giving away five bumper DVD packs featuring the newest installment of Ben & Holly's Little Kingdom Holly's Magic Wand and many more hours of family entertainment! Enter Now!

Why I post breastfeeding photos online

I love to take pictures of my children. In some of the pictures, my younger son is nursing.

The day I broke my baby

There are things I wish I didn't know. I wish I didn't know that companies make tiny braces, small enough to hold necks no bigger than a wrist.

The place just for dads of multiples

When a couple discovers they're expecting multiples, the dad can sometimes be almost forgotten in all the excitement and preparation. But one group offers a space just for dads of twins and higher-order multiples.

Brave mum calls for domestic violence law reform

A brave mum of two has shared details of the harrowing attacks she suffered at the hands of her partner in a bid to help other victims of domestic violence.

Why I had the new test for Down syndrome

Early last year I turned 35, and having just found out I was pregnant, I opted to have the new test for Down syndrome.

Geeky baby gear

If your family is more into Star Wars, gaming and the periodic table than most, you might want to check out these geek-chic baby items.

2015: the year of the sheep

According to the Chinese zodiac, babies born in the year of the sheep are creative and enjoy spending quiet time with their own thoughts.

Breakthrough genetic testing now available in Australia

Pregnant women will for the first time have access to locally analysed, accurate, non-invasive pre-natal genetic testing when the first Australian clinic to offer the services opens its doors next week.

Grandbabies: the babies born looking old

Not a day under 65 and a lifetime of struggle! That's the look of these newborns, who look adorably older than their real age. Social networking site Reddit recently featured user submissions of adorable grandbabies, here are our favourites.

Family kicked off flight after toddler seatbelt drama

An entire family was kicked off a Cathay Pacific flight when a misbehaving toddler refused to put his seatbelt on.

Stolen baby found after 17 years

A baby stolen from her mother's arms shortly after birth has been found through an astonishing coincidence.

53 creative pregnancy announcements

Announcing that you're expecting can be a time to express your creativity, sense of humour and imagination. Check out how other parents and parents-to-be have broken the news to friends and family.

IKEA hacks for the nursery and kids' rooms

Are you one of those that know the whole IKEA catalogue by heart? Love their stuff but want to personalise it? Here's some inspiration to help you realise the potential of IKEA furniture and fittings.

36 baby names inspired by food and drinks

A French court may have ruled out Nutella as a baby name, but that doesn't have to stop you from taking inspiration from the supermarket (or bottle shop). See what parents in the US have chosen for their delicious little ones.

Clever breastfeeding products

Check out this range of products designed to help make your breastfeeding journey more enjoyable, manageable and convenient.

 

Sign up now!

30 days of #PlayIQ challenge

Receive a daily email from Essential Baby during April with great play tips and ideas, then submit your baby at play photos to our Playwall, Instagram or Twitter for your chance to win.

 
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.