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This is probably more of a legal question, but I thought I'd try here...
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?
During a recent windstorm, a tree at the edge of my property split and fell in to a neighbors pasture. That fallen piece of tree is almost entirely in the neighbor's property.
Thanks!
You know this is your tree, why would you think your neighbor should have to pay to clean up this mess. Do the right thing.
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Originally Posted by FreedomPenguin
I seriously feel let down when I read stories of neighbors trying to screw neighbors. Man, pick up your tree.
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Originally Posted by janet bubby
Right. Clean up your own mess, don't be that neighbor.
Ironically, because many here think the opposite.... People are generally NOT legally responsible for their tree if it falls onto a neighbor's property.... I don't want to choose just one source... so look here below and browse the results yourselves!
So legally, it's entirely the neighbor's tree now, and the neighbor's damage to the fence, and the neighbor's responsibility to clean up. That does NOT mean it's not kind and neighborly to help... it most certainly is good to offer to help if they're not prepared to clean it up themselves.
But trees sometimes fall, and it's an act of God, unless fault or negligence caused it to fall, if it was a visibly sick or dead tree, for example.
[quote=Diana Holbrook;51611511.... People are generally NOT legally responsible for their tree if it falls onto a neighbor's property.... ...[/quote]
Sometimes it's not a question of what's legal, but what's RIGHT. The two are often not the same thing. We'd have far fewer legal problems if people did what's RIGHT rather than looking for the legal reason to avoid doing what's RIGHT.
But, it is because people do not always do what most consider the 'right' thing, laws are made and this one say whoever owns the land that whatever part of the tree in on, now owns that pat of the tree.
(Unless, like Diana said, it can be proved that it was a neglected known hazard to the owner)
I admit to some disagreement with the common law the way it is usually applied with trees, because while I accept that trees are a natural phenomenon, and storms that make them fall down are an act of God.... I do think it leaves people unable to protect themselves and take down trees that are within reach of their property but are growing on someone else's property.
I cut down all the trees on my property that could reach my house. The only tree left that can reach my house is on my neighbor's land and I can't cut it down. I THINK if it's my problem if a tree falls, then I ought to be able to cut it down. Current law though, disagrees.
Ironically, because many here think the opposite.... People are generally NOT legally responsible for their tree if it falls onto a neighbor's property.... I don't want to choose just one source... so look here below and browse the results yourselves!
So legally, it's entirely the neighbor's tree now, and the neighbor's damage to the fence, and the neighbor's responsibility to clean up. That does NOT mean it's not kind and neighborly to help... it most certainly is good to offer to help if they're not prepared to clean it up themselves.
But trees sometimes fall, and it's an act of God, unless fault or negligence caused it to fall, if it was a visibly sick or dead tree, for example.
This is the correct explanation of the legal framework, that applies to trees or limbs falling across property lines. But many people do not understand this or refuse to acknowledge it.
If a tree or limbs fall from your property and do damage to your neighbor's trees or structures, the best thing is to inform them that they should immediately contact their homeowner's insurance company. An adjuster from their company will explain the legal responsibilities concerning the incident. Of course, if the tree is dead or dying, this changes the responsibility over to the tree's owner. At least this is correct in the United States (or in most states).
Back in the 19th Century and before, homeowner's insurance was limited or non-existent in most places. So the owner or resident of a property was responsible for damage such as we're discussing. In fact, the tenant of a rented home was responsible for replacing it, if it burned or was taken down by a storm.
But after homeowner's insurance became widespread, a new legal precedent evolved and responsibility for damage from fires, storms and other natural causes, shifted to the owner of the damaged property. Since insurance was available and affordable, property owners who didn't have it, were considered as not having properly protected their interests and were out of luck.
But if you want to be a good neighbor and get along well with the others, you should do everything you can to help them, despite the legal requirements. I have skill and equipment that allows me to trim trees, large and small and do repairs to structures. When a limb falls on a neighbor's property, from my trees or theirs, I immediately drag it to my backyard and cut it up for firewood, which I give back to them if they want it or find someone else nearby who will take it.
When an ice storm dropped a limb from one of my trees and took out a section of a neighbor's rain-gutter, I went to work and rebuilt it. It was a labor-intensive job and I spent just a few dollars on glue, screws and sealant. If you do things like that, your neighbors won't likely ever be making any complaints against you, with the city.
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