Legal Question in Real Estate Law in Massachusetts
is my neighbor responsible for a dead tree
There is a 4 family rental property across
the street from me. There was a tree on
the property that was rotten at the base.
The tree fell on my car causing 100's in
damages. At first the owner said he was
going to pay my deductible, now he says
he is not because he is not responsible.
He said its ''an act of god'', Im told its not
because the tree was visibly rotten and
should have been take down. I know the
town was told about the tree months ago
by other neighbors because of fear it
would knock out the powerlines. Do I
have the right to make him pay me the
deductible? or make his insurance Co.
pay my deductible?
2 Answers from Attorneys
Re: is my neighbor responsible for a dead tree
You are on solid ground. It sounds like there may be documentation with the Town that your neighbor knew (or should have known) of the hazard the tree posed. Because s/he did nothing about the potential hazard, the argument can be made that the damage to your car was the result of your neighbor's negligence. You should seek compensation from him/her.
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