[paula89]

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?

[Tooties]

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.

[Sunny003]

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

[Lyra]

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

This post has been edited by Lyra: 28/01/2013, 01:38 PM

[luke's mummu]

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.......

This post has been edited by luke's mummu: 28/01/2013, 01:38 PM

[anikal]

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

[FreeRangeMum]

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

[~chiquita~]

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

[Swahili]

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

[StilettoMum]

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.