+19 votes
by (4.2k points)
Need advice: The property next to ours is a rental and is owned by a company. Long story short, they had a tree that grew up through our fence completely destroying it. We removed some of the damaged pieces because we have dogs and kids and it was a potential hazard. The company had men come out and remove the tree today, in addition to another section of our fence that was damaged. They are only willing to replace two single boards of our fence. Is it worth getting an attorney and requesting that they cover the damage? Or at least split it? We have a gaping hole in our fence now roughly 60 feet. It’s likely going to cost us $3k to replace. Sorry for the long post, all advice is appreciated!  
Need advice: The property next to ours is a rental and is owned by a company.

18 Answers

+14 votes
by (1.8k points)
I’d try and contact the owner of the home First. They may have compassion and help pay for some of it. But make sure you take pictures because you’re going to need proof that the tree did it and nothing else caused the damage
+3 votes
by (8.9k points)
I believe if the tree falls on both properties then it’s a split cost to remove tree. If the fence falls on your property line it’s your responsibility . Best to check the survey of your property to see where the fence falls. If the fence is on their property they do not have to replace or split the costs.  
+1 vote
by (5k points)
I don’t think you need an attorney yet. Escalate your request through the company. I would start there and then if nothing happens after some back and forth tell them you will be getting an attorney.  
by (4.2k points)
@directoire4518 I went through the company, they removed the tree which is great, but it grew through the fence which caused it to be destroyed and fall over.  
+5 votes
by (1.2k points)
I would call the owners and reason with them. I’d also keep in mind if your dogs get out through the hole and bite someone, that could be a big $ problem for you.  
+3 votes
by (1.9k points)
Do you know the name of the rental company that owns the house?  
+12 votes
by (450 points)
I would call an attorney for a free first initial consultation and see what they advise.  
+14 votes
by (2.2k points)
I would calculate the costs of hiring an attorney and going after vs what they are offering. You don’t want to pay more just to litigate.  
+9 votes
by (1.5k points)
Sent you a PM
0 votes
by (3.8k points)
I would contact the owner of the property and let them know there tree caused the damage and the fence needs to be repaires to previous conditions and if they do not agree i would have your lawyer contact them
+1 vote
by (250 points)
I would try talking to the company. They should want to stay on good terms with their neighbors
+14 votes
by (1.7k points)
Let me know if you need a fence quote to give the company, that’s what my husband does! He can swing by one day and send you a quote to present them
by (4.2k points)
@leeds2813 Thanksrrell Ciesla I would love a dance quote. I’ll message you
+14 votes
by (1.3k points)
I own Giannola Legal LLC. My husband handles contract disputes. I would get a quote to see how much it would cost to fix and then have an attorney send a demand letter to the rental owner. It usually does the trick. Demand letter pricing varies from firm to firm but it should be $150-250 for a demand letter. Good luck!  
by (4.2k points)
@scamper I’ll PM you! Thanks  
+15 votes
by (1.3k points)
You could go to small claims court. no need for a lawyer. Just have photo evidence, any communications you have had with the company, and three repair quotes. Would also be helpful if a fence expert can show the damage was directly related to the tree and their neglect of its care.  
+2 votes
by (2.5k points)
We had a neighbors tree fall on our fence and guess what. It wasn’t covered by insurance and we had no legal recourse. The cost of repair was 100% on us. Call the city and have them pull the fence permit and the plat for your property. Where the fence lies on the property line will determine what you can ask for. Check that out (for free) before you spend money on demand letters.  
+5 votes
by (2.5k points)
Also, 3K to replace a section of fence seems way off to me. We spent less than that to fence an entire 10, 000 sq ft lot
by (4.2k points)
@steffi who did you use?  
by (2.5k points)
@yahoo Peerless Fence is also good
by (8k points)
Cypres, I agree we had our cedar fence completely replaced for a few thousand a couple of years ago. It was several hundred feet. I think they measure linear feet for fences.  
by (4.2k points)
@beaton I’m glad you both said something! I would have had no idea. They quoted us $2700 for 100ft. I thought it seemed off
by (8k points)
Grace, I would get another quote or 2.  
+14 votes
by (1.4k points)
You might check city code ordinances. Encroachments seem to fall in that category as well. Landlords have responsibilities that might be specifically spelled out.  
+18 votes
by (4.9k points)
Take pics. Get quotes ask them to fix or pay. see what they respond. then decide. The lawyer might cost more than the fence. And aggravated neighbor if you didn't try to let them know what it would cost. give them a chance to be a good neighbor. harder to argue if you do all the work getting quotes and have pics
by (4.2k points)
@booma5 the house is owned by a company. Our actual neighbors are awesome but unfortunately have nothing to do with the financial aspect. The company removed the tree and is refusing to pitch in anything for the fence.  
by (4.9k points)
@yahoo companies want to be good neighbors too
0 votes
by (1.1k points)
I'm surprised a lawyer on here recommended a demand letter- it's not worth it. They will not be held responsible by the law from what you wrote. The owner of the property is in real estate- they will know that. If a tree falls onto someone's house- that homeowner whose house it fell on is responsible for the repairs. Once the tree crossed onto your property, you had a right to cut it down, if you choose to. If you are looking for coverage, contact your homeowners insurance. Sorry, I know it's not what you want to hear, but hope it's helpful
by (4.2k points)
@donovan958 that’s super helpful! I did not know that!  
by (1.3k points)
@donovan958 I’m sorry if you had a bad experience in the past with either your fence or a lawyer but I commented as another option for the poster. This in fact does happen often and a homeowner has a duty to ensure their trees do not damage another’s property. Insurance coverage and the law are not the same thing. And sometimes it’s not even worth it to pursue a cause legally. I advised the poster to reach out to my partner or another attorney to see her options after an informative consultation to gather all facts.  
by (1.1k points)
@scamper as I mentioned there was not enough information. There has been a lot of heavy wind lately and if it was an Act of God, it is not their responsibility. I have not had a bad experience thankfully. I own a fair amount of property and I personally believe in being neighborly :)
by (4.2k points)
@donovan958 being neighborly is the way to go! I’m all for doing what’s best for both of our properties and to me, splitting the cost of a fence they destroyed will benefit both of us! I’m sure your renters are very happy with you
by (1.1k points)
@yahoo I totally agree! They are- anyone that can't make rent right now has been forgiven to pay or at a minimum no late fees :) I would also ask them about fixing it and you paying for the materials- that would cost you a lot less then half and if they have enough properties they already have a team that would cost so much less then their quote.  
by (1.1k points)
This might even be less then homeowners deductible :)
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