If a neighbors tree falls on your property

Discussion in 'Off-topic' started by xls177, Oct 28, 2010.

  1. xls177

    xls177 Member

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    What if a neighbors tree falls on your property ? and/or blocks your drive
    Do they have to clean it up or can they just cut it at the property line and leave it for me?
     
  2. mountainpass

    mountainpass Under Scrutiny

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    If they were nice they would clean it up.
    But I think this falls under the "act of God."
    If you noticed it was dead, told them in writing and then it fell they would be responsible.
     

  3. janedoedad

    janedoedad Liver Abuser

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    No Damage=Free Firewood.

    If there is damage, someones insurance company is getting a call.
     
  4. spotco2

    spotco2 New Member

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    If you have writen proof that you notified your neighbor that the tree could fall on your property then the responsibility would be theirs to remove and repair any damages.

    If you have not done this then you just became the lucky owner of part of a tree.
     
  5. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    I have a pretty good understanding of what the answer is due to a similar situation I experienced:

    - If the tree was visibly diseased, rotted or dead, it's the neighbor's liability.

    - If the tree had no visible signs of disease, rot or death, it's your liability.
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    F'kin A.

    :up: is correct.

    In urban and suburban areas, land owners are supposed to keep an eye on their trees for signs of disease, weakness, erosion around the roots, etc.
    But if the tree "looked O.K." to the untrained eye of an average person, it's not negligence just because a storm blows it down, or it falls for some other unforseen reason.

    And it's not a case of "strict liability" either.

    You can always submit a claim on your insurance, but don't expect the neighbor or their insurance company to willingly pay a claim or pay for the cleanup.

    (In the last 2 years, I've been on both sides of this. My trees falling, and neighbors' trees falling on my stuff.)
     
  7. kkennett

    kkennett New Member

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    This is correct. I also had a situation where the top half of a neighbor's tree, that looked fine, fell on my lot. Turns out it was eaten up with carpenter ants. That 1/2 of the tree was my problem, but at my insurance's behest, I sent them a letter describing the situation. At this point, if the rest of the tree fall on my property, it will be their problem. Sort of 'in the middle' of the two extremes you listed above.
     
  8. TippinTaco

    TippinTaco New Member

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    this is good to know information guys. thanks for explaining this. I have 2 trees that look in great shape, but termites in our area run rampant and have killed several trees in the area. We plan to have these cut down asap to avoid any issues, nothing like having a 60foot pine tree fall on the pool or fence :p
     
  9. mountainpass

    mountainpass Under Scrutiny

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    If those trees are pines then they were likely killed by pine beetles.
     
  10. CoffeeMate

    CoffeeMate Junior Butt Warmer

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    "If a neighbors tree falls on your property..."

    And here I thought this was going to be some sort of Zen question.

    :lol: