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Old 04-15-2018, 05:49 AM
 
912 posts, read 130,886 times
Reputation: 500

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Quote:
Originally Posted by mooch91
When a tree falls, and there is no property damage, who has the burden to clean it up? The owner of the land where the tree fell from, or the owner of the land on which the tree fell?
Well there are 2 different answers

1) TECHNICALLY: The tree the lawn fell on's owner should clean it up......

2) ETHICLY: The owner of the land the tree fell FROM should offer to clean up


I think #2 is a better option...... (Keep good faith with people (TODAY ITS NEEDED MORE THAN EVER!!))
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Old 04-15-2018, 07:41 AM
 
25,833 posts, read 49,727,953 times
Reputation: 19286
A few years back after a windstorm this giant tree in the neighborhood was in bad shaped and leaning towards a neighbors house... not my tree and I am not the neighbor.... just noticed this huge crane and cones on the road.

The insurance companies acted preemptively and paid to have the tree professionally removed.

It was the first time I had heard of Insurance Companies acting before something happened and working together...

The homeowner were the tree would land had called her agent asking for advice.
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Old 04-15-2018, 09:03 AM
 
Location: North Idaho
21,003 posts, read 25,781,024 times
Reputation: 39390
Quote:
Originally Posted by marino760 View Post
This has been an eye opener for me. I always assumed if I had a tree on my property, it was my responsibility if it fell and damaged someone else's property and my responsibility to clean it up. After all, I own the tree that did the damage.
If you go out with a chain saw and cut your own tree down and it falls on your neighbor's property, it is your responsibility to clean it up, and you have to pay for damage if it lands on the neighbor's car or house.

If Mother Nature rips the tree up and flings it onto your neighbor's yard or house, the one legally responsible for costs is Mother Nature. But no one has ever had much satisfaction with collecting from her. So, the law has decided that the tree falling is no one's fault and the person who ends up with the mess gets stuck with cleaning it up.
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Old 04-15-2018, 09:09 AM
 
Location: North Idaho
21,003 posts, read 25,781,024 times
Reputation: 39390
Adding this: I keep my trees in good health, but trees are big and often building sites are small and it isn't possible to have any tree that could not possibly fall on another's property. I want trees on my property and I want trees in my neighborhood. Trees add value to property and neighborhoods with mature trees and good landscaping are worth more than neighborhoods with no trees.

If one of those trees comes down, oh well. The risk from falling trees isn't great enough to make it desirable to live where there are no trees.
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Old 04-15-2018, 10:32 AM
 
8,108 posts, read 4,454,981 times
Reputation: 8738
Quote:
Originally Posted by tnff View Post
This. Why should the neighbor have to clean up your mess?
if the tree is rotted then its the neighbor responsibility because he knew it was rotted, but if it was an act of god, then wherever the tree lands it belongs to the land owner. so cut the tree at the property line and leave the rest

now in my area, all six land owners on the road be fighting over the fire wood and it be cut and cleaned within a hour
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Old 04-15-2018, 10:40 AM
 
25,833 posts, read 49,727,953 times
Reputation: 19286
Quote:
Originally Posted by brownbagg View Post
if the tree is rotted then its the neighbor responsibility because he knew it was rotted, but if it was an act of god, then wherever the tree lands it belongs to the land owner. so cut the tree at the property line and leave the rest

now in my area, all six land owners on the road be fighting over the fire wood and it be cut and cleaned within a hour
People pay to have oak hauled away... not much value when you can't burn on cold winter nights... even stacking cut and split firewood is regulated to so many feet from the home or adjacent homes which can make it difficult to be compliant on a city lot...

Years ago... my parents had a list of people a call away who would gladly come and get the storm fall... different times for sure.
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Old 04-15-2018, 05:06 PM
 
Location: Saint John, IN
10,638 posts, read 3,319,645 times
Reputation: 12748
Quote:
Originally Posted by LifeIsGood01 View Post
It's an act of god and whoever's property it fell on or has damage has to do the repairs or contact their own insurance company.


This exactly
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Old 04-16-2018, 07:54 AM
 
Location: Glen Burnie, Maryland
1,245 posts, read 3,333,707 times
Reputation: 1319
Quote:
Originally Posted by brownbagg View Post
if the tree is rotted then its the neighbor responsibility because he knew it was rotted, but if it was an act of god, then wherever the tree lands it belongs to the land owner. so cut the tree at the property line and leave the rest

now in my area, all six land owners on the road be fighting over the fire wood and it be cut and cleaned within a hour
This is not necessarily true. A tree may be half dead and compromised and the owner of said tree may be aware of this but unless it is documented previously as being a hazard, the owner would still not be liable for an act of God. If you notice a tree on another person's property as being bad, you would be wise to inform the owner by written notice of your concern (mailed with confirmation of receipt for proof if you need to address a fallen tree later). This would be documentation of the hazard. An owner can deny they knew the tree was bad once it has fallen and damaged someone's property.

We had a neighbor's tree fall in our yard. It damaged our fence, partially pulled down the power lines to our house, and came to rest on top of our truck. Luckily, our local electric company came and cut the tree off of the power lines (which took care of a lot of the downed tree). We noticed (and the neighbor knew) that the tree was not doing well prior - at least 1/2 of it had no leaves. When it fell, we could see the inside was rotted.

We had to pay for all damages and removal of the remaining branches in our yard. Our auto insurance covered the truck. We had to pay because the tree was not documented as being bad. Just because we and the owner knew that it was bad didn't matter without that written documentation. Our neighbor even called her insurance company because she thought she should pay for it. However, her insurance wouldn't even entertain taking a claim for our losses.
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Old 04-16-2018, 08:50 AM
 
Location: Rochester, WA
3,832 posts, read 2,056,232 times
Reputation: 10577
Sometimes there's no outward signs at all that a tree is compromised, until it falls.
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Old 04-16-2018, 12:08 PM
 
25,833 posts, read 49,727,953 times
Reputation: 19286
In my city a tree removal permit is required to take out any mature tree... the permit costs $270 and requires placarding utility poles near the tree and notifying nearby property owners of intent and then waiting for the statutory public comment period to expire...

I've noticed much less proactive tree work...

If you go through the process and it is determined the tree is a hazard the fee can be waived.

Also the tree service must have a current city business license...
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