Fallen tree question

[gim]

Maybe the codes or laws very from state to state here.

 

Last night a nasty thunderstorm rolled through around 1am. Lighting, thunder, hail, straight line winds, torrential rain. I lost a birch tree in the very back corner of my property. It fell on my neighbors land to the east and the whole portion that broke off is laying on his property in some overgrown brush. No damage to anything.

 

Is it my responsibility to remove it or his? I’m having trouble figuring that part out. I know if there’s damage to the house, shed, or a fence, his homeowners insurance covers it. But who is responsible for removing the fallen tree if there’s no damage?

[MN Fisher]

Your tree - your responsibility.

 

Had a similar situation here several years ago. Tree in the empty lot behind me got blown over in a storm, ended up in my yard. Took a bit to find out who the owner was, but after some back-and-forth, the city attorney informed him that as it came from his property, he was responsible for removing it from mine.

[Team9nine]

2 minutes ago, MN Fisher said:

Your tree - your responsibility.

 

Had a similar situation here several years ago. Tree in the empty lot behind me got blown over in a storm, ended up in my yard. Took a bit to find out who the owner was, but after some back-and-forth, the city attorney informed him that as it came from his property, he was responsible for removing it from mine.

Same where I lived, but definitely check your local regulations. The property owner of the land the tree sat on was responsible, regardless of where the tree fell. That said, that likely doesn’t preclude the other property owner from cleaning it up and/or taking the wood if he so chooses. I’d have a brief chat with him and work it out. 

[fin]

It varies by state, apparently. I just recently learned that in my state, if a neighbor's tree falls in my yard, I am responsible, unless I had lodged some kind of previous complaint about the tree, or if the neighbor knew it was a hazard. Sounds like great fodder for lawyers.

[Bazoo]

Sounds like an easy firewood grab to me... I'd be thankful if I owned that side of the fence.

[12poundbass]

From my understanding it’s kind of a gray area. The tree is yours but if it’s hanging onto his property he can trim it back to your property. If the branch broke from your property I’d say that’s where the gray area comes into play.

 

If it were me, I’d cut it up, offer the firewood to your neighbor. 

[gim]

I’m going to call my my insurance agent in the morning to confirm this.

 

As it stands right now, being on neighboring property, I can’t just go cut it up and haul it away anyways. Also, being that it fell in some overgrown brush, my neighbor might just say screw it. Regardless, I’m glad it fell where it did. There is no damage to anything.

[12poundbass]

@gimruis, have you talked to you’re neighbor about it? It might be solved with a quick knock on the door.

[gim]

Just now, 12poundbass said:

@gimruis, have you talked to you’re neighbor about it? It might be solved with a quick knock on the door.

He’s not home. I stopped over there this afternoon. His sister lives across the street and she said he’s gone until tomorrow.

[Tennessee Boy]

I’ve dealt with this issue before.   In Tennessee you are not responsible for your trees unless the tree was clearly a danger and it can be proven that you knew it was a danger and you did nothing to prevent it.  That’s the legal side of it.  Your insurance is not going to pay if you’re not legally responsible.  The neighborly thing to do is sometimes different.   I removed a tree that fell on my neighbors property just because it seemed like the right thing to do.    
 

In another incident on some farm land I own,  we had dozens of trees fall on a fence between my property and a neighbors.   I co-owned the fence with the neighbor and we split the cost of removing the trees lying on the fence and repairing the fence.   We each removed the trees on our own property regardless of which side of the fence the tree fell from.

[padlin]

People may be different where you are but I’d try and be a good neighbor and go over and remove it unless they say to not do so.

 

I’ve had my neighbors trees fall in my yard, they’re older so I just take care of it.

[Bazoo]

Glad I don't have issues with my neighbors. I hope you have/build a good relationship with yours.

[gim]

The last thing I want to do is make enemies with a neighbor. I am not exactly one to go out to dinner with a neighbor, but I get along fine with all of them. Making enemies with someone that lived next to me would be a disaster. It would ruin where I wanted to live. I bought this house in May 2022 with the intention of living here long term.

 

I spoke with my insurance agent on the subject today. She clarified some things for me. If a tree falls and causes damage, the property owner where the damage occurs has their insurance cover the cost of the damage which includes tree removal. If there is no damage, it’s the responsibility of where the tree started. I think it’s a good idea to talk to a neighbor when something like occurs. Just going over there and chopping up a tree without their consent wouldn’t sit very well with me. I try to respect other’s property, even if it was my tree to begin with.

[Junger]

13 hours ago, gimruis said:

The last thing I want to do is make enemies with a neighbor. I am not exactly one to go out to dinner with a neighbor, but I get along fine with all of them. Making enemies with someone that lived next to me would be a disaster. It would ruin where I wanted to live. I bought this house in May 2022 with the intention of living here long term.

 

I read the horror stories of neighbor battles and I would never want to be in that situation. I'm pretty friendly with most of my neighbors, but for one family that keeps to themselves. We walk our dog up and down the street and she liked to pee on their lawn by the curb. We received an email from them with pictures of their Ring camera asking if that was us walking our dog, which it clearly was and if we could not let our dog pee on "their" lawn. I could have responded that the first 6' is county owned right of way, but didn't want to incite any disagreements over something trivial. On the other hand, I called my other neighbor and asked if I could trim some branches that were overhanging on one side of my house where squirrels were using to get to my roof and gnawing on the gutters. A couple days later, I see a tree company trimming back all the branches to his property line, he took care of it.

[gim]

1 minute ago, Junger said:

I read the horror stories of neighbor battles and I would never want to be in that situation.

 

Yep, its not worth it given that you have to live there every single day.

 

Some people are great friends with their neighbors and some make enemies.  I try to fall in between that.  I mostly just wave or say hello and be on my way.  I always respect other's property too and I would expect the same from them.