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If my neighbors tree fell on my property, by MI law I have to file on my home Ins, can I sue for deductible?

During storms over the last three years in Michigan my neighbors crappy trees have fallen over on my property and have caused damage. It just happened again for the THIRD time. We have this stupid law where my homeowners insurance has to cover it. I have a $500.00 deductible. I paid it twice in the past but I am JUST LIVID that it has happened again. When I try to talk to her she sics her dog on me (which I have had to call animal control) and has even called the police this time saying I'm harrassing her. Who made this stupid law anyway? Thanks to anyone who can help me with this dilemma. PS it's storming again right now!

That is crazy. If her trees are wild and unkempt, you need to call the city about it. I would think that anything on their property line would make them liable for damages.

I'd take her to small claims court and take LOTS of pictures of the damage to your home.

While local codes may change the law, the general common law is that unless the tree was already dead or so damaged that its owner would know it was dangerous, a tree felled by wind storm is an act of God and the owner of the land on which the tree stood is NOT liable for the damage.

Unless someone purposely fells the tree, it's an "act of God". If you don't like it, you'll have to move.

I have met similiar kind of problem before, here is the resource that I feel helpful..http://home-insurance.featured-resources...

i am so hearing you, our next door neighbours tree fell onto our brand new garage and WE had to pay to get it fixed. I was fuming to say the least. Ring your local council and tell them look, this is the third time, i have paid it twice, obviously the trees are unsafe as they keep falling, next time they could fall on a child, or myself, How do i go about getting them removed, and also tell them that her dogs bark non stop, you have tried reasoning with her and she refuses to take part. one time, ok, accident, 2 times, getting a bit ridiculous, but man, 3 times? you gotta be pissed, and SHE needs to take responsibility, if not, whenever you mow your lawn, be generous and share your lawn clippings with her. good luck 鈾?/div>

  • 1 week ago
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Different states have different laws on this subject. Some of that law is statutory, some is from prior cases. Basically that means that you aren't going to get good advice here, you need an attorney to tell you what their responsibility is.

What I'd expect is that a key element is whether or not the neighbor knew that the trees were a hazard to your property. If they didn't know, they may not be liable.

Another fact to know is whether a specific limb that fell was overhanging your property in the first place. In some states, a limb overhanging your property is your limb, regardless of where the roots are, but that's not necessarily true in all states.

I'd say that the only way you're going to win this in Small Claims is if they don't respond, simply because "to be fair" the Judge will likely side with the Defendant, giving them the advantage of legal help that you won't have.

This is really pretty simple.

The only way you would be able to hold your neighbor responsible is if the trees in question were clearly a hazard that should have been addressed.

If you truly think that's the case you are going to have to prove it.

I don't know where you live, I am in Barry County, north of Battle Creek, MI. If you live in a city, town, or village speak to public works about it.

Most likely this is just life, and it isn't his fault god sent a storm in a given direction.

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