Question about tree limb liability (Leon Valley: insurance, how much, lawyer)

[codyshaheen]

Here is my situation:

We live in Leon Valley and have a tree which recently had a large limb fall of during a storm. The limb landed on the power line that runs along the fence line between us and our neighbors. The tree is healthy and has not shown any signs of rot or disease as of the time of the storm (nor does it now). Obviously, because the limb fell on the power line, we had to contact CPS who came out and removed the limb and its branches from the power line. A good portion of the limb was in our yard and CPS left whatever was cut from that part in our backyard (I have since moved it all into a corner to await removal from our yard). The same thing was done for the portion that fell into the neighbor's backyard, but now they have moved all of those branches onto our side of the alley between our houses, seemingly trying to hold us responsible for their disposal.

My question is this: are we truly responsible for the part of a healthy tree that fell into their yard as a result of a storm breaking it from the trunk? I believe that we are not liable as this was an unpredictable and unpreventable act of nature; if the tree were diseased, I would feel more responsible.

Furthermore, the neighbors had to re-structure the fence last year as the trunk/roots were beginning to push up on the existing fence. The trunk of the tree lies mostly on our property, but the limb that fell almost perfectly bisects the property line.

Any help is appreciated in clarifying this matter (if you can cite specific ordinance, even better!).

Thanks,

-Cody

[Bo]

According to this page, the key piece of information in your post is this one.

The trunk of the tree lies mostly on our property

Here's what the page I linked above says:

When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree". In the case of a "boundary tree", all of the property owners own the tree and share responsibility for it.

IANAL, so if your neighbor balks at helping/paying with that information, that may not apply under state law you may need a lawyer to convince him.

[codyshaheen]

Thanks, Bo. The same site refers to damage caused by a situation like this (although there was no damage) stating:

A storm knocked down my neighbor's tree limb onto my property, damaging my house, car, and yard furniture. Is he responsible for the damages?

It depends. The court will probably apply a reasonable care standard. If your neighbor took reasonable care to maintain the tree branch, and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. If a reasonable person could not have avoided this from happening in any way, then it will be deemed an Act of God, and the neighbor will not be liable.

That helps clear things up a bit. My sister-in-law is dating a lawyer, so I will take it up with him.

Thanks again.

[Hedgehog_Mom]

Maybe your homeowner's insurance would cover the removal of the branches. I don't think it would be worth the claim, though.

The tree was yours because the trunk was on your side of the fence. Probably the cheapest way to deal with the tree limb removal other than doing it yourself is to look on Nextdoor for a landscaping guy...not a big company, just a guy with a truck who does those kinds of jobs and doesn't charge an arm and a leg for it.

[flashfearless]

If the trunk is in your yard the cleanup is all yours. Step up.

[Azure110]

Originally Posted by flashfearless

If the trunk is in your yard the cleanup is all yours. Step up.

OP said in the first post "mostly" on his side.



In this kind of situation, depending on how much cleanup that needs to be done I would just handle all of the limbs that fell and move on. Not sure if this is worth infuriating the neighbor over as you live next to the people. Involving a lawyer could make this ugly so make sure it is really worth it should you decide on going down that path.

[prim8]

If the trunk is on the fenceline, my question is who's property is the fence on? I don't think fences are usually straddling the line, they're usually on one property or the other. So, if that trunk is partially on the fence line, but mostly in your yard, that alone puts it on you IMO. If that fence is on your property anyway, there's no doubt that the tree is yours.

Honestly, I would just handle it anyway, you're already dealing with some limbs, just grab the other ones and save yourself the headache of starting an argument with the neighbor.

Are you sure the tree is in good shape? Limbs don't generally just fall off of trees.

[elnina]

Nope. What is on your side its yours, what is on your neighbors side is theirs.
You are not responsible for cleanup, but as a good neighbor, when you remove your limbs, just
collect his too. Should be no biggie, and shows your good will. No reason to split the hair.
Some trees are very brittle. Like pecans.

[TexasRedneck]

Just remember one thing.......when you say "whatever's on your side is YOUR problem", you're right.

They ALSO have the right to REMOVE ALL limbs that encroach onto their property. Not going to do much for the aesthetics of your tree. Why not be a good neighbor and just take care of the limbs?

[Azure110]

While I agree with the others about being an good neighbor, one thing that your neighbor should have done was come talk to you about it rather than just dumping the limbs on your side of the property in the alley expecting you to get the message. That is kind of a jerk move and would motivate me less to be an good neighbor back to them.