Fire from neighbor's land

[woody]

Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage. Not sure should I contact a lawyer, the DA or work out something with the neighbor. I don't live on the property but my children do and there is a no burn order for the whole state.

 

[Drstrangeglove]

See what he is willing to do, then go the lawyer route if it's not what you like.

 

[2manyrocks]

If you have property ins to cover the fire, your insurance might pay you and sue him to recover their money. You may need a lawyer to advise you how to handle this.

 

[bcp]

What was the plant growth on the 15 acres?

Bruce

 

[Lineman North Florida]

Try to handle it without dragging lawyers into it, the shoe could be on the other foot one day.

 

[5030]

Sometimes a burn can be good (not for structures) but for invasive weed control.

 

[Jstpssng]

there is a no burn order for the whole state.

It seems like you shouldn't even need to to talk to the DA, they should do their job for something this blatant.

 

[RayIN]

State Fire Marshal office will have a say in this matter too.

 

[airbiscuit]

See what he is willing to do, then go the lawyer route if it's not what you like

That was quite a fire. What was the neighbor's demeanor? Did he offer anything up?

I would start by taking an inventory of what was lost/damaged.

• What was the objective value of the house trailer? What was its worth to you? Was it covered by insurance?
• Is there a loss of appearance or value to the property? (sometimes it is improved by fire)
• What's the WTF dude, value?

Once you have that assessment, ask your neighbor "what do you plan to do about the damage you caused?

Compare that to your list, and see if you need to go to a backup plan.

 

[Thomas]

Talk to him than go from there.

 

[oldnslo]

Do you know what caused the fire? Was it accidentally started or intentionally set?

 

[KennyG]

I would start with the insurance company before I escalated this and got lawyers involved. It seems that your insurance should reimburse you and go after the other insurance company.

 

[EddieWalker]

Is there any financial loss from the fire? If the building was worth something, then that should be paid to you. But I'm not sure what the 15 acres is worth, or how you go about trying to get money from it being burned? Is there a fence that was destroyed?

I don't know if I would even bother my neighbor if a fire burned some of my land. It would be a good thing to clean up the underbrush.

 

[woody]

If you have property ins to cover the fire, your insurance might pay you and sue him to recover their money. You may need a lawyer to advise you how to handle this.

No property insurance

What was the plant growth on the 15 acres?

Bruce

mainly undergrowth was burnt, but a lot of pines are scorched I'm hopeing they will be alright

Sometimes a burn can be good (not for structures) but for invasive weed control.

yes and I'm thinking it may be good, but this is the second time he has let a fire cross property lines and he has only lived there a year.

Do you know what caused the fire? Was it accidentally started or intentionally set?

negligence the state is under a no burn and he started a fire that got away from him.

 

[HawkinsHollow]

Sorry for your misfortune. I would be pretty ticked off as well. I hope you are made whole. Was the fire department/forestry service called and on scene? I would imagine so if it got that out of control. If so the fire marshal is the one that would be bringing charges. The good news is it would be documented. Interested to see how this turns out, keep us updated please.

 

[woody]

Sorry for your misfortune. I would be pretty ticked off as well. I hope you are made whole. Was the fire department/forestry service called and on scene? I would imagine so if it got that out of control. If so the fire marshal is the one that would be bringing charges. The good news is it would be documented. Interested to see how this turns out, keep us updated please.

yes the forestry brought out 2 dozers and cut fire lanes to keep it from getting to other buildings.

 

[HawkinsHollow]

yes the forestry brought out 2 dozers and cut fire lanes to keep it from getting to other buildings.

Just out of curiosity. Did you talk to these guys? What was their take on it?

 

[HamishMacCheap]

I do not know the laws in Alabama but if it happened in South Carolina, I would find out if the neighbor who started the fire sought a burn permit from the S. C. Forestry Commission, required in S. C. if any one burns outdoors.

If not, the S, C, Forestry Commission investigations folks would address the incident from there.

I don't know if anything similar is required inn Alabama, but it might be worth checking.

As far as immediately seeking a lawyer, who will assure you that his counsel is an absolute requirement, speak to the neighbor first. Both he and you will end up in a better place if a mutually acceptable agreement is reached.

Keep away from lawyers, bankers and politicians.

 

[Rustyiron]

Got a phone call this morning that the neighbor next to my property let his fire get away and burned about 15 acres of my property and one structure. The house trailer was unocupied but was used for storage.

I can look at this 2 very different ways not knowing either of you 2 involved.
This one is not very friendly to you.
1. The neighbor lives on his
land tending to it and during a beneficial prescribed burn he underestimated the conditions. He spent a terror filled several hours trying to defend your land fighting the fire.
You're only an absentee owner that holds the title, mainly as an investment and the property sees little care or maintenance and is slowly reverting back to nature. The trailer has been rotting for years and soon will need to be burned and scrapped.
Or the opposite against your neighbor.
2. The neighbor is a looser and burns his trash carelessly. His place is a chit hole with dozens of junk cars and appliances scattered around...
and is always drinking and has wild parties all night long.
While carelessly burning his garbage he passed out drunk and the rotten burn barrel finally burnt through a quickly got out of control.
You had been working on fixing up the roof on the trailer are constantly out there bush hogging and keeping mother nature under control and generally involved with care and maintenance of the property where you're kids live.

Is this trailer burnt beyond your current use of it?
Which of my 2 goofy scenarios I pondered above is a better description?
In the end, what are your damages if any. Your woods are probably improved and did the trailer have any realistic value?
I'd say work it out between you two. If he's a dirtbag there's nothing you'll ever see in damages, and if it was an accident, it's kinda like your neighbors tree falling onto your property.
Don't feed the lawyers over this one.

 

[bridge4]

What the hell is going on with the quotes on this page?!?!


Anyways, OP, I'd talk to the man after you get your head wrapped around what was lost. He called YOU to tell you and probably work towards a solution. Might be a bit early to figure that out, but the line of communication is open and he knows he caused a mess. That's 90% of it right there I think. His insurance should cover your loss, since it was his fire started on his property. Fire/Police and all that are already involved, I would see if they reach out to you as well.

Funny to me that he had to call you, I know you said your kids live there, but didn't they notice their land burning down? Not my business though.