Legal Question in Real Estate Law in Virginia

Liable or not

Back in March, we had incredibly high winds on and off for most of the month in our area.. During one of the windiest days, one of our tree's happen to crack in half and fall on a neighbors wood panel fence.. when they seen what had happened.. I had my mother inform them should they ask that I was going to get in touch with our Home Owners Insurance agent and find out what needs to be done about it and initially, who was responsible for the repair of the fence. According to our agent, it was the neighbors HOI company who needed to be contacted so they could submit a claim in for their fence, that we were under no way responsible for the repair of ti at all. This past Friday (May 2.08) we got a certified letter form our neighbors stating they contacted a lawyer and were told we were still liable for the repairs of the fence. I find this hard to believe but would like to know if it is possible. They have given us to date 2 different pricing on what the fence cost, only with the newest pricing being well over 100.00 (when we found the panel for 35.00) who is in the right is what Id like to know? Them or my husband and I???


Asked on 5/03/08, 11:10 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Liable or not

Unless the fall of your tree was what the law terms reasonably foreseeable, it is likely that you are without liability for the damages caused to your neighbor's fence by your storm-fallen tree under cicumstances which might also be reasonably characterized as an Act of God.

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Answered on 5/03/08, 11:37 pm


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