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Tree Damage Liability Explained
Summary
In New Mexico, if a healthy tree causes damage due to an act of God like a windstorm, the tree owner is generally not liable. Documenting communication and repair efforts is crucial. If a neighbor demands excessive compensation, consider small claims court, where the reasonableness of repair costs is evaluated. If the damaged wall is a shared property, it strengthens your defense. Consulting a local attorney can provide further guidance.Full Conversation
i have a large tree in my backyard recently a wind storm bkew a iarge tree branch down crushing approx * or ten vlocks down. i sent a note down to his door accepting responsibikity and told him i woukd get three esrimates the folloeing week and will repair the week after that he has threatened to sue the homeiwner if she did not give him ine thousand dollars the damage is approxniately two to four hundred
It sounds like you're dealing with a neighbor dispute over property damage. Here are some general points to consider:
- New Mexico Law: Generally, liability for property damage depends on whether the tree owner was negligent.
- Documentation: Keep all communication and estimates documented.
- Insurance: Check if your homeowner's insurance covers the damage.
Have you contacted your insurance company about this incident?
- New Mexico Law: Generally, liability for property damage depends on whether the tree owner was negligent.
- Documentation: Keep all communication and estimates documented.
- Insurance: Check if your homeowner's insurance covers the damage.
Have you contacted your insurance company about this incident?
yes but the deductible is three thousand dollars which far exceeds the repair cost
Got it, Dee. Here are a few general points to consider:
- Negligence: If the tree was healthy and the branch fell due to an act of nature, you may not be liable.
- Small Claims Court: You can suggest resolving the matter in small claims court if the neighbor insists on an unreasonable amount.
Have you discussed the possibility of mediation with your neighbor?
- Negligence: If the tree was healthy and the branch fell due to an act of nature, you may not be liable.
- Small Claims Court: You can suggest resolving the matter in small claims court if the neighbor insists on an unreasonable amount.
Have you discussed the possibility of mediation with your neighbor?
he refuses. we are doing due dilligance in repairing the wall so if he repairs it for an exhorbant amount are we liable for the cost of an outstandingly high bill
If you've taken reasonable steps to repair the damage and your neighbor incurs an exorbitant cost without your consent, you may argue against paying the excessive amount.
- New Mexico Law: The courts consider the reasonableness of repair costs.
- Due Diligence: Document your efforts and estimates.
Have you considered consulting with a local attorney to better understand your liability?
- New Mexico Law: The courts consider the reasonableness of repair costs.
- Due Diligence: Document your efforts and estimates.
Have you considered consulting with a local attorney to better understand your liability?
yes it is my understanding that an act of God such as a wind storm does not leave is liable the tree is healthy and has been trimmed back because this has happened once before
Dee, you're correct that in New Mexico, if the tree was healthy and the branch fell due to an act of God like a windstorm, you might not be liable. Since you've documented your efforts and are taking reasonable steps, you have a strong argument.
- New Mexico Law: Liability generally depends on negligence.
- Reasonableness: Courts consider the reasonableness of repair costs.
Have you received any written estimates yet?
- New Mexico Law: Liability generally depends on negligence.
- Reasonableness: Courts consider the reasonableness of repair costs.
Have you received any written estimates yet?
yes
Dee, it sounds like you're on the right track by documenting everything and getting estimates. Here are a few final points:
- New Mexico Law: You're likely not liable if the tree was healthy and the damage resulted from an act of God.
- Estimates: Present these in court if needed to show your due diligence.
Have you considered sending a formal letter outlining your position and the steps you've taken to your neighbor?
- New Mexico Law: You're likely not liable if the tree was healthy and the damage resulted from an act of God.
- Estimates: Present these in court if needed to show your due diligence.
Have you considered sending a formal letter outlining your position and the steps you've taken to your neighbor?
and am prepared to repair the wall this week as soon as the mason is available to do it total time from damage to repair * weeks
Dee, it seems like you've taken all necessary steps to address the situation responsibly. Given New Mexico law and the fact that the damage resulted from an act of God, you likely have a strong defense.
Would you like some guidance on drafting a formal letter to your neighbor outlining your position and the steps you've taken?
Would you like some guidance on drafting a formal letter to your neighbor outlining your position and the steps you've taken?
yes although the homeowner my mom has kept him informed all along the way explaining the process and what is going on to keep him informed i feel he judt wants to etort money for personal gain
Dee, it sounds like you're handling the situation well. If you believe your neighbor is trying to exploit the situation for personal gain, crafting a formal letter can help. Here are some points to include:
- Detailed account of the incident and your communication.
- Summary of the estimates and repair timeline.
- Explanation of New Mexico law regarding liability for acts of God.
- Your commitment to repair the damage promptly.
Would you like a sample template for this letter?
- Detailed account of the incident and your communication.
- Summary of the estimates and repair timeline.
- Explanation of New Mexico law regarding liability for acts of God.
- Your commitment to repair the damage promptly.
Would you like a sample template for this letter?
yes
Sample Formal Letter Template
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Neighbor's Name]
[Neighbor's Address]
[City, State, ZIP Code]
Dear [Neighbor's Name],
I hope this letter finds you well. I am writing to formally address the recent incident involving the fallen tree branch from our backyard, which caused damage to your property.
On [Date of Incident], a windstorm caused a large branch from one of our trees to fall and damage approximately [number of] blocks of your wall. I want to assure you that we are taking full responsibility for the repair and have already taken several steps to address the situation.
*. Incident Details:
- Date and cause of the tree branch falling (windstorm).
- Condition of the tree (healthy and regularly maintained).
*. Communication Summary:
- Initial note sent to your door on [Date].
- Subsequent communications informing you of our plan to obtain estimates and schedule repairs.
*. Estimates and Repair Timeline:
- We have obtained [number] estimates from reputable contractors for the repair, ranging from $[*] to $[*].
- The repair is scheduled to begin as soon as the mason is available, with an expected completion within two weeks from the incident date.
*. Legal Position:
- Under New Mexico law, liability for property damage caused by healthy trees falling due to acts of God, such as windstorms, generally does not apply.
- Despite this, we have committed to repairing the damage to maintain good neighborly relations.
*. Commitment to Repair:
- We are dedicated to ensuring the repair is completed promptly and to a high standard.
- Total time from damage to repair completion is expected to be two weeks.
We believe these steps demonstrate our commitment to resolving this matter responsibly and fairly. Should you have any further concerns or require additional information, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address].
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
---
Would you like more guidance on any specific aspect of this situation?
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Neighbor's Name]
[Neighbor's Address]
[City, State, ZIP Code]
Dear [Neighbor's Name],
I hope this letter finds you well. I am writing to formally address the recent incident involving the fallen tree branch from our backyard, which caused damage to your property.
On [Date of Incident], a windstorm caused a large branch from one of our trees to fall and damage approximately [number of] blocks of your wall. I want to assure you that we are taking full responsibility for the repair and have already taken several steps to address the situation.
*. Incident Details:
- Date and cause of the tree branch falling (windstorm).
- Condition of the tree (healthy and regularly maintained).
*. Communication Summary:
- Initial note sent to your door on [Date].
- Subsequent communications informing you of our plan to obtain estimates and schedule repairs.
*. Estimates and Repair Timeline:
- We have obtained [number] estimates from reputable contractors for the repair, ranging from $[*] to $[*].
- The repair is scheduled to begin as soon as the mason is available, with an expected completion within two weeks from the incident date.
*. Legal Position:
- Under New Mexico law, liability for property damage caused by healthy trees falling due to acts of God, such as windstorms, generally does not apply.
- Despite this, we have committed to repairing the damage to maintain good neighborly relations.
*. Commitment to Repair:
- We are dedicated to ensuring the repair is completed promptly and to a high standard.
- Total time from damage to repair completion is expected to be two weeks.
We believe these steps demonstrate our commitment to resolving this matter responsibly and fairly. Should you have any further concerns or require additional information, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address].
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
---
Would you like more guidance on any specific aspect of this situation?
yes however he has stated he will not communicate with me and that he will not do mediation furthermore good neighborly relations time passed with the last incident where as he employed a lawyer took ud to court we did mediation and agreed an half of what he was requesting this guy is a sue happy individual loooking to hit gold by suing everyone as we have seen online his court history and he sues alot! all cases have been thrown out
Dee, it seems like your neighbor is being unreasonable. Given his history of suing and the fact that prior cases have been thrown out, you have a strong defense.
Here are some additional steps:
- Document Everything: Keep detailed records of all your communications, estimates, and payments.
- Consult a Lawyer: Consider getting legal advice to ensure you’re fully protected.
- Prepare for Small Claims Court: If he sues, present your documentation and argue the reasonableness of your repair efforts.
Would you like more information on how to prepare for small claims court in New Mexico?
Here are some additional steps:
- Document Everything: Keep detailed records of all your communications, estimates, and payments.
- Consult a Lawyer: Consider getting legal advice to ensure you’re fully protected.
- Prepare for Small Claims Court: If he sues, present your documentation and argue the reasonableness of your repair efforts.
Would you like more information on how to prepare for small claims court in New Mexico?
yes
Case Rating: *
Dee, here’s some information on preparing for small claims court in New Mexico:
- Filing Limit: Claims must be under $*,*.
- Documentation: Bring all communications, estimates, photos of the damage, and repair receipts.
- Court Forms: Obtain necessary forms from the court or online.
- Filing Fee: There is a fee to file a claim.
Would you like guidance on any specific aspect of the small claims court process?
Dee, here’s some information on preparing for small claims court in New Mexico:
- Filing Limit: Claims must be under $*,*.
- Documentation: Bring all communications, estimates, photos of the damage, and repair receipts.
- Court Forms: Obtain necessary forms from the court or online.
- Filing Fee: There is a fee to file a claim.
Would you like guidance on any specific aspect of the small claims court process?
yes my point is we are doing due dilligance in repairs does he have a case? the law states that a wind storm is an act of God also the wall damaged is also my wall it is a dividing wall between the properties so no damage was done to his personal property it is mine as well
Dee, you appear to have a strong case given the circumstances. Here are some key points:
- Act of God: New Mexico law recognizes windstorms as acts of God, which typically absolves you of liability if the tree was healthy.
- Due Diligence: Your prompt action and documentation demonstrate your commitment to resolving the issue.
- Property Ownership: If the wall is a dividing wall and not solely your neighbor’s property, this further supports your position.
Would you like a brief outline on how to present your case effectively if it goes to court?
- Act of God: New Mexico law recognizes windstorms as acts of God, which typically absolves you of liability if the tree was healthy.
- Due Diligence: Your prompt action and documentation demonstrate your commitment to resolving the issue.
- Property Ownership: If the wall is a dividing wall and not solely your neighbor’s property, this further supports your position.
Would you like a brief outline on how to present your case effectively if it goes to court?
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