If a tree falls into a neighbor's yard...

Post » Tue Aug 30, 2011 8:10 pm

We have an old, grumpy neighbor. After Irene came through, a large branch snapped 3/4 off of the connecting tree. The branch is no pointing down, like so:
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The slanted object being the branch, of course. (Yes, I'm bored)
The branch doesn't look like a danger of falling on his house, but he insists that we pay to have it cut down, because it is too high up to be done, unless professionally.

Are we legally obligated to cut it down?
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Jack Walker
 
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Post » Wed Aug 31, 2011 3:33 am

It's your tree, in't it?
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Jessie Rae Brouillette
 
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Post » Tue Aug 30, 2011 11:21 pm

your tree you pay
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Floor Punch
 
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Post » Tue Aug 30, 2011 7:25 pm

It's your tree, in't it?


This. If the tree is on your property, I believe you'll have to pay for it.
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xemmybx
 
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Post » Wed Aug 31, 2011 3:32 am

If the tree is in your yard, I'm pretty sure you have to pay for it. Or just cut it down yourselves.
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stacy hamilton
 
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Post » Wed Aug 31, 2011 12:44 am

Your tree, your problem.

You might have a dispute about whether or not its potentially dangerous, however.
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Skivs
 
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Post » Wed Aug 31, 2011 3:45 am

Uhhh, yeah. You're going to have to pay him.
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Taylor Bakos
 
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Post » Wed Aug 31, 2011 12:46 am

You're liable:

"My neighbor's tree looks like it's going to fall on my house. What should I do?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Therefore, if a reasonable inspection shows that the tree could be dangerous, your neighbor is responsible for the tree removal. If your neighbor does not remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

If you have spoken to your neighbor about the tree issue, and he has not done anything about it you do have laws that protect you. The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed.

Hopefully, you will not have to go that far. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. If you call your municipality, they may remove the tree themselves or order your neighbor to do it.

Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment. A simple call to a utility company may prompt them to remove the tree themselves.
"

http://realestate.findlaw.com/neighbors/home-neighbors-trees.html
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FABIAN RUIZ
 
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Post » Tue Aug 30, 2011 10:23 pm

legally, yes as already stated, and morally obligated... if it could fall on his property and it's hanging down that much there likely isn't too much holding that branch up there anymore and a good neighbor would take take of a falling branch from their tree
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Gracie Dugdale
 
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Post » Wed Aug 31, 2011 11:05 am

I would advise you to seek legal advice from a qualified lawyer... But I believe if its your tree, you're liable for any damage falling limbs may cause.
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Brandon Wilson
 
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Post » Wed Aug 31, 2011 4:52 am

If the branch is in his yard, then yes. If it's 100% inside your property line though? I don't think so. If you want it removed, then yeah, otherwise he can't make you cut it afaik.
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sara OMAR
 
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Post » Wed Aug 31, 2011 5:32 am

We have an old, grumpy neighbor. After Irene came through, a large branch snapped 3/4 off of the connecting tree. The branch is no pointing down, like so:
| |\
| |\ \
| | \ \

The slanted object being the branch, of course. (Yes, I'm bored)
The branch doesn't look like a danger of falling on his house, but he insists that we pay to have it cut down, because it is too high up to be done, unless professionally.

Are we legally obligated to cut it down?

Morally yes, legally no, but then again depends it on where you live.
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Chelsea Head
 
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Post » Wed Aug 31, 2011 1:15 am

Do it yourself
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Monika Krzyzak
 
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Post » Wed Aug 31, 2011 1:26 am

Unfortunately as others have indicated you are obligated to take care of that tree if the primary part of it is on your property. If the tree falls and damages his property I think he can file a suit against you due to negligence on your part. Sadly you may just have to have the thing removed at your expense which svcks but there's nothing that can be done. Was nervous a couple years back cause we had a no-name storm come through which caused a massive 5" thick piece of tree limb to fall down. Nearly hit one of our neighbor's cars which would be expensive to fix since he races with custom cars.

Best to take care of it just in case imho before your "grumpy old" neighbor decides to get nasty.
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Nicholas
 
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Post » Tue Aug 30, 2011 11:15 pm

Listen to Turns. He's a professional.
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glot
 
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Post » Wed Aug 31, 2011 8:08 am

We once had a large tree limb fall off our next-door neighbor's tree during a storm. The branch went right through our roof. Rainwater was pouring down on our computers. The neighbor and I pulled the branch out of the hole and tacked plastic over it temporarily.

Our homeowner's insurance covered the cost of fixing the roof damage and replacing the computers.
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Rachyroo
 
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Post » Wed Aug 31, 2011 2:55 am

I would advise you to seek legal advice from a qualified lawyer... But I believe if its your tree, you're liable for any damage falling limbs may cause.

Hell no. Asking advice from a lawyer will be way more expensive than paying someone to get rid of that branch, which you should do anyway since it's your tree.
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Julie Ann
 
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Post » Wed Aug 31, 2011 3:50 am

Listen to Turns. He's a professional.

Don't say that, I'm not.
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Gavin Roberts
 
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Post » Wed Aug 31, 2011 10:48 am

Unless it actually falls on his house, you don't have to pay crap. Until then, keep your money.

Unless of course you don't want to carry the risk of the branch actually falling on his house and having to pay for even more damage, then you can cut it down. But be aware, branches grow back. So in a few years it can be a 'danger' again.
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phil walsh
 
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Post » Wed Aug 31, 2011 10:08 am

Hell no. Asking advice from a lawyer will be way more expensive than paying someone to get rid of that branch, which you should do anyway since it's your tree.

Not Neccessarily. He may be a member or employee of an organisation that has access to free legal advice, may know a lawyer personally, etc. Some Lawyers also offer a free first consultation.

However only a Lawyer can explain to him the situation as per the law where he is.
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Cartoon
 
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Post » Tue Aug 30, 2011 10:58 pm

If a tree branch falls but has not yet completely separated from the tree, it is an injury risk to everyone and a property risk to anything within range.

If you do not have a chainsaw as well as placement skills, contact a tree removal professional as soon as possible. The fact that the tree is on your property means that if that tree branch falls and kills someone or damages your neighbor's property you will be liable.

Since it was a result of the hurricane, you may be able to apply for a federal payment to cover the cost or request that your local government remove the tree.
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Jason Wolf
 
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Post » Wed Aug 31, 2011 4:49 am

It's possible force majeure could be applicable, but don't count on it. Ask a lawyer.
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IM NOT EASY
 
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Post » Tue Aug 30, 2011 8:46 pm

If the tree is on your property and it falls, you could be liable for damages and possibly be accused of negligence. I don't know if any of this would be criminal, but you'd probably have a good civil case on your hands.
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Ebony Lawson
 
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