What are my rights if my neighbor cut tree and it fell on my house?

One our trees in our back died after being previously trimmed. I asked a neighbor if he new of a good tree person. He told me that his brother was an experienced forest service agent had trimmed and taken down many trees. He also said that sometime in near future they would come by and take a look at the dead tree. If they felt OK about taking it down they would remove it in exchange for being allowed to keep the wood. They then trimmed a few branches off 1 side, the tree twisted and fell into the house. My insurance will cover except deductible. Sue for negligence or let go?

Asked on October 19, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your neighbor and his brother started tree work on your property resulting in the tree that they were working upon to fall upon your property causing damages, they are both liable for your losses. Since you have insurance, the great bulk of your loss will be covered through your insurance carrier.

The only exception would be the amount of your deductible which would be your responsibility to pay. Since the deductible would be your responsibility to pay, this amount would be your damages as the result of the tree falling on your property. You should ask that your neighbor and his brother pay this amount to you. If not, your recourse would be small claims court against them both.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.