Legal (semi) Opinion on Tree Falling Situation

cbxjeff

I have read of a situation when someone's tree (on his property) has limbs intruding on a neighbor's property has the right to cut them off. What if a 40 foot tree on a someones property falls by natural reasons onto his neighbors land. Can the neighbor claim the intruding wood as his own?

spurgemastur

I imagine that varies by state. I don't have definitive information even for my own state (WA) but I can tell you that my university paid to fix a neighbor's fence when a tree on WSU land fell and broke that fence. Sounds to me like it was the university's tree all the way down.

select-fire

Do you need to borrow my tractor to shove it back one way or another?

mateomasfeo

I'm still working on the whole "does a tree make a sound" thing...

select-fire

quote:Originally posted by mateomasfeo


I'm still working on the whole "does a tree make a sound" thing...





Only if they fall on you..

GW.. the land clearing guy..

e8gm

When hurricane Ivan went through Northwest Florida the rule was if the tree fell from the neighbors yard into your yard it was your problem. If property was damaged your insurance is responsible to repair. If the neighbor let the tree die and it became a hazard due to his negligence then he's responsible for damage due to his negligence to remove said hazard.

I had a neighbors tree fall on my shed during Ivan. Neighbor had no liability. My insurance covered the cost of the shed and the removal of the tree since it had hit a insured structure. According to Florida law if the tree doesn't hit a structure, insurance won't pay to have it removed.

During Huricanne Hugo in 89, I lost two pines both of which fell in neighbors yards. They were responsible for removing them not me. I had enough problems with the one that went through my roof.

Jacob2008

Around this part if that there trees on your property its yours to cut off if you chose, its always nice to ask the owner of the other half, but hey..

nunn

I pick up limbs that fall on my property. I cut limbs that interfere with my mowing, threaten my structures, or make too much shade for grass to grow, without regard for where the tree is rooted. There is a dead tree barely on the neighbor's side of the fence, that will sooner or later fall on the fence. I intend to cut it down and not ask permission. My neighbor is old and sick and doesn't care.

tomahawk

if it falls on my side its mine, and likewise. a lawyer friend told me that to cross the line to clean up is accepting responsibility of any damage the tree caused. depends on how good a neighbor and if they will sue[;)][:D]

JustC

It's YOUR resposibility to fix any damage to their property,..but they are entitled to take any wood laying on their side.

FLA rule during hurricanes is retarded,...the insurance companies refuse to pay since they are always on the brink of bankruptcy due to insuring folks that live in hurricane alley.

PanzerSlayer2

If the neighbor's tree falls on its own it's considered an Act of God and you are responsible for your own damages. However if the tree falls because the neighbor knocked it down and damaged your property then it's their homeowner policy coverage. Proper maintainence or negligence of care is not considered. Only the final fall itself.

At least that's how my insurance settled it when a neighbor's tree fell on and crushed a bunch of small trees and hedges o my side

tomahawk

+1[V]

allen griggs

When the neighbor's tree falls on your property, for better or for worse, that wood belongs to you.

cbxjeff

Thank's for the advice/support guys. I was looking for a fall-back argument in case the tree wasn't mine. The sheriffs are gone, my neighbor is p***ed, but the tree was clearly in my property. I don't know what this guy was thinking. Perhaps he has wife problems! The police mentioned, as you guys said, that even if the tree was rooted on the neighbor's property, what was on mine is mine. BYW a good sized walnut. I had to cut the trunk with my 20" bar on both sides. It must have been 30' tall or more.

n/a

quote:Originally posted by cbxjeff
Thank's for the advice/support guys. I was looking for a fall-back argument in case the tree wasn't mine. The sheriffs are gone, my neighbor is p***ed, but the tree was clearly in my property. I don't know what this guy was thinking. Perhaps he has wife problems! The police mentioned, as you guys said, that even if the tree was rooted on the neighbor's property, what was on mine is mine. BYW a good sized walnut. I had to cut the trunk with my 20" bar on both sides. It must have been 30' tall or more.



Perhaps the neighbor was hot about the board feet/$ he was loosing at the lumber mill.

bobski

in va., it depends on if the tree is alive when it falls or dead.
if its dead and on your side, and you didnt remove it, the hazard and danger is your fault if it goes over the line.
if its alive and falls by natural means, you have/had no control over it. whatever it damages over on the other side, is the other persons job to fix.
if a live limb or tree is inspected to be damaged, diseased, or split, its your responsiblity to remove it BEFORE it causes damage.

if a person wants to remove any chance of your limb damaging his property, its a common rule for the neighbor to contact the owner FIRST, to discuss desires.

but the way i understood it is if the neighbor is willing to foot the bill, he can remove limbs on his side of the line.....as long as if in doing so, it doesnt cause an imbalance to the tree, (like what the stupid lineman do to poles and trees, they shave 50% of one side of the tree and wonder why 5 years later, the tree falls.)

leaves falling in a neighbors yard does not constitute cutting of limbs. its just a natural thing that trees do. laziness isnt covered by law.[8]

the way i see it is if a limb goes on a neighbors yard, he's responsible to remove it if no one claims it. if you offer to remove or claim it, its yours.
it would be like if your kid throws a football into his yard. its your son's ball, not his. its your tree, you go and get it back.

hope this helps.

non mortuus

quote:Originally posted by cbxjeff
Thank's for the advice/support guys. I was looking for a fall-back argument in case the tree wasn't mine. The sheriffs are gone, my neighbor is p***ed, but the tree was clearly in my property. I don't know what this guy was thinking. Perhaps he has wife problems! The police mentioned, as you guys said, that even if the tree was rooted on the neighbor's property, what was on mine is mine. BYW a good sized walnut. I had to cut the trunk with my 20" bar on both sides. It must have been 30' tall or more.

He wanted the wood back but didn't get to it first?[?]

yoshmyster

cbxjeff - Walnut you say? Pull the stump and make some rifle stocks[:D]. 30' will make some nice furniture.