Legal Question in Real Estate Law in Indiana

storm damage responsibility

A major wind storm hit our area in September causing widespread damage.

My neighbor who has land adjoining my property informed me last night 12/3/08, that a large oak tree on my property had been blown down onto his property damaging about 50 feet of his barbwire fence.

He stated he wants the tree removed and the fence repaired as he is going to put cattle out, that he has consulted his lawyer and the prosecutor to be assured that it is my responsibility, and that if I cannot do it (heart attack) that I need to hire someone to do it and my homeowners insurance will cover it.

My insurance agent said it's an act of God and I'm not liable.

I'd like to know where I stand. Am I liable and is it my responsibility, if so, should my homeowners cover insurance cover it and what would be a reasonable time frame to do the work?

The area is a somewhat rough terrain area of both properties, you can probably get some equipment back there, but with rain and snow season here the neighbor is also concerned with equipment leaving ruts in his fields.

What do I do?

Thank you for your help.

Tony


Asked on 12/05/08, 11:28 am

1 Answer from Attorneys

Re: storm damage responsibility

If the tree was healthy, you probably do not have liability. The neighbor should check his own policy as there may be coverage for a tree blowing onto his property.

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Answered on 12/05/08, 10:29 pm


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