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Can I return a fallen tree to my neighbor's property? The tree split and the majority of it landed on my driveway. No property damage so the Insurance co will not pay for removal. The neighbor stated she has no money for removal and is so sorry.
I would imagine you could "return" the tree to her. But to what purpose? She's already stated she has no money for removal. The general rule for tree cases is that it's the responsibility of the person where the tree ends up to remove what's on his property.
Do you have any friends who burn wood? They could come over, cut it up and haul it away, too. They could do the same for her, as a matter of fact. Problem, for both of you, solved. I've done that before.
Leaving it there will likely invite a visit from Code Enforcement (or the HOA Board) sooner rather than later.
You would have to prove the owner knew the tree was in bad shape or was decaying and that the owner failed to maintain the tree in order to get them to repay you, but you would have to take them to court. Just because they say they don't have money, it doesn't make it true. I removed four huge trees and left one for our neighbor to remove. He said he didn't have the money. But, he had money to buy a boat, put in a new fence, and paint his house.
My other neighbor's tree is in my yard right now; it's not a big deal for us, we help each other. My tree fell in his yard a few years ago and we cut up what we could and paid someone to haul the rest. It helps when neighbors get along!!
If you think she's being honest with not having the cash for it, then just remove it yourself, can't get blood from a stone and no sense in needlessly ruining relations with someone who you might potentially live next to for years.
If there's a BMW in her driveway then I don't really have good advice for your situation and will have to live up to my user name on this one.
Return the tree to her property is the least expensive and quick solution for me at this time. contractor will cut it in two pcs and return to her yard. Her fence was damaged so her insurance co will pay her something. I tried to reason with her to cut it up and leave it on her property until the spring so I can get access to my garage. During the spring we can move it to the street. Just said she was sorry.
...or, perhaps there is a need to subtract something...
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