A tree in my property fell over back yard of my neighbor's property
and damaged fence on property line. There was very high wind caused by
remnant of hurricane at that time. Am I responsible for removing and
cleaning up the tree from their property as well as repairing damaged
fence? The fence was installed by my neighbor on property line. I
contacted my insurance agent and was told my policy do not cover this
incident. My neighbor also contact thier insurance agent and their
policy do not cover removal of tree from their property. Fence repair
cost is $675.00 which is less than their deductible of $1,000 thus
their insurance do not pay anthing for the damage. In this case, do I
have to pay all cost for tree removal and fence repair?

In what state are you located?

Realistically it is your tree, and your problem.

Also, your neighbour sounds pretty reasonable.
Under the circumstances I would not bother to check my insurance if
somebody dropped a tree on my fence and my garden.

I suggest that you check out the cost of hiring a chainsaw.
WARNING - do not drink beer while handling a chainsaw

Suggestion: find people nearby with wood burning stoves, or interested
in making rustic furniture. Get neighbour involved in search.

Get rid of the tree, and then look at the fence, it is likely that you
can resurrect it at minimal cost.

I am living in New Jersey.
thank you.

Itlooks like since the tree was entirely on your property in the first
place, then you are liable for the fence cost.  That seems to be the
general rule.  There may be a state or local statute that clarifies
the matter.

http://forum.freeadvice.com/archive/index.php/t-195938.html

http://forum.freeadvice.com/archive/index.php/t-196949.html
If the tree was on YOUR property then fell to THEIR property, what was
over the line is THEIR responsibility--UNLESS the tree was diseased or
damaged or infested with insects and you knew about it but failed to
do anything about it.

If you bring an unnatural and dangerous thing onto your land, you are
responsible for that thing--even if 1) you took precautions to prevent
damage to anothers land or 2) it was not foreseeable.

I would give you a cite, but, my Torts book is packed and I don't
remember off the top of my head.. But, the law is from a pivotal case,
and has been around for over a hundred years.

So, the answer, in short is, you brought something dangerous onto your
land (a tree) that caused damage to someone elses land. You pay.
Sorry.

Legolas-ga

First Why r u responsible to pay?

Instead ur neghbour has to pay to u.

See the tree has grwn in ur garden, hence the cost incurred by you in
growing the tree is more than what u explaing in the summary. Hence by
if you have to pay to ur neighbour then ur neigbour has also tp pay to
you. suppose it you have to pay 1$ then your neighbour has to pay to
you 2$.

The amount of effort that u have put to grow the tree and also the
needs that u have provided to grow the tree will have to be incurred.
Hence your neighbour will be charged Acc. to the WWF(World Wide
Forests) to pay all the expenses that u have spent in the tree to grow
in trun of the expenses that has caused the damage due to hurricane.

Hope you give the price for my answer.

Regards,
Almighty786