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Old 07-29-2012, 11:13 PM
 
3,185 posts, read 5,784,333 times
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I have an issue I am trying to settle and not seem like a jerk. Last wee a large limb aprox 12 inches in diameter and maybe 20 feet long broke off from a tree in my neighbors yard and fell. Iy landed in his yard but mostly in mine. His daughter came over and said her dad was on vacation and she didnt have a chain saw. I said it shouldnt be a big deal because I had a chain saw and would just cut it up. Well when I tried to start my saw it caught on fire and is now broken. Several days ago her dad came home and evidently got a saw because he cut up the portion of the tree on his property and just left the 80% remaining of the limb which is in my yard. Why didnt he just remove the entire broken limb. It came from his tree and I dont need the large mess in my yard. what should I do....?I dont want to go buy a chainsaw .
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Old 07-29-2012, 11:37 PM
 
1,013 posts, read 2,652,793 times
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Urrrr, just talk to him?

Do they even know that your saw is broken? You said that you told the daughter it was not a problem and that you could cut it up. Have you talked to them since then?
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Old 07-29-2012, 11:40 PM
 
Location: The 12th State
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You can rent chainsaws at either Lowes or Home Depot.
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Old 07-29-2012, 11:59 PM
 
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He came home from vacation late friday. I was gone all day saturday and that is when he cut the tree. My question is why he just left his mess even if I had told the daughter I had a saw. The law says if your tree damages another persons property you or your home owners insurance has to pay the bill. I think this showed total disrespect. Monday I will call him and tell him I dont have a saw now and cant do him the favor of cutting up his tree. When he cut away and cleaned up the mess on his property he made the cut directly on the property line. Some things you shouldnt have to draw a picture for others to know. Its a no brainer for me to understand...MY tree = MY MESS..HIS TREE =HIS MESS
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Old 07-30-2012, 02:06 AM
 
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I am not sure of the exact law here (I'm an engineer and a manager, not a lawyer), but I have the feeling that whatever falls in your yard now belongs to you.

There is a similar situation with fruit trees. Imagine an apple tree growing in your neigbors yard close to your boundary. I grows so close that some fruit bearing branches are overhanging your yard space.

This fruit almost cetainly belongs to you. Should you decide to prune this tree on yoru side of the boundary then the cut branches will likewise almost certainly belong to you and will be yor responsability to dispose of.

Your actual situation is similar. Your neighbor may not have wished to invade your property in yor absense (Castle law, bang, bang) and so may have simply cleaned up his own mess and then gone about hs busy life.

I believ the thing to do would be to talk, preferrably face to face, perhaps with the daugther and ask in a friendly way how things are going and does her Dad have a chain saw that you may borrow.

The essential thing here is to keep the discussion light and friendly. It would be all too easy to sour neighbor relations forever over this especially if this is the first time some minor transgression has occurred.

For your neighbor this was definitly a "*****, Oh dear." moment and if you can make light of it and laugh it off, then you will do a lot to better your relationship with yor neighbor. At least, that would be my way out of this in the first place as I would be far more concerned with clearling up my yard than standing upon my pride.
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Old 07-30-2012, 02:56 AM
 
Location: The Old Dominion
774 posts, read 1,422,797 times
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Quote:
Originally Posted by crestliner View Post
He came home from vacation late friday. I was gone all day saturday and that is when he cut the tree. My question is why he just left his mess even if I had told the daughter I had a saw. The law says if your tree damages another persons property you or your home owners insurance has to pay the bill. I think this showed total disrespect. Monday I will call him and tell him I dont have a saw now and cant do him the favor of cutting up his tree. When he cut away and cleaned up the mess on his property he made the cut directly on the property line. Some things you shouldnt have to draw a picture for others to know. Its a no brainer for me to understand...MY tree = MY MESS..HIS TREE =HIS MESS
You may wish to investigate the law a bit further before taking action.
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Old 07-30-2012, 04:06 AM
 
3,756 posts, read 8,395,763 times
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My neighbors tree fell in my front yard after a storm a while back. He had the tree cut down and they cleaned my lawn as well. He asked for my information to submit it to his insurance and I had no problem with that. He did the right thing. Unfortanately people today are not like that.
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Old 07-30-2012, 06:37 AM
 
2,103 posts, read 3,584,646 times
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Quote:
Originally Posted by crestliner View Post
He came home from vacation late friday. I was gone all day saturday and that is when he cut the tree. My question is why he just left his mess even if I had told the daughter I had a saw. The law says if your tree damages another persons property you or your home owners insurance has to pay the bill. I think this showed total disrespect. Monday I will call him and tell him I dont have a saw now and cant do him the favor of cutting up his tree. When he cut away and cleaned up the mess on his property he made the cut directly on the property line. Some things you shouldnt have to draw a picture for others to know. Its a no brainer for me to understand...MY tree = MY MESS..HIS TREE =HIS MESS
I see it as respect to your property and possibly laws.
Since you were not home, he rightfully did not go on your property to start cutting up what it might belong to you (not sure about law here).

Best thing is to discuss with him and explain him that your chainsaw broke when you were trying to cut it off.
He might lend you his saw or just take care of it himself.
Just be nice about it, I don't see it as a big deal even if you'll end up having to rent a saw and clean it up yourself (since it is your property and your neighbor did not cut a branch and throw it on your property on purpose).
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Old 07-30-2012, 07:07 AM
 
2,838 posts, read 4,156,321 times
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Quote:
Originally Posted by crestliner View Post
The law says if your tree damages another persons property you or your home owners insurance has to pay the bill.
Years ago we had a huge thread on 'neighbors tree fell on my house'. Not sure if the same applies if it is just a branch off of the tree but when my neighbors tree fell on my house - I had to pay to have it removed.

My agent said the only way the neighbor or neighbors insurance would be responsible is if the tree was dead and the neighbor knew it and negligently failed to have it removed.

Last edited by Charlotteborn; 07-30-2012 at 07:37 AM..
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Old 07-30-2012, 07:30 AM
 
3,774 posts, read 7,008,690 times
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Quote:
Originally Posted by crestliner View Post
The law says if your tree damages another persons property you or your home owners insurance has to pay the bill.
From my experience as a property owner (and not a lawyer), that statement is false.

If a tree falls on your property and damages you or yours, YOU or YOUR insurance will pay for it. The only exception is if the tree is an obvious hazard and the tree owner knew about the hazard beforehand and still failed to act. The burden would be on you to prove that was the case.

A falling tree is considered an "act of God", and it usually doesn't matter where the root ball resides...
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