# Tree falls on my property who's wood is it?



## Coldfront (Sep 10, 2014)

We had a big storm earlier this summer, the wind knocked down a big aspen (popple) off my neighbors vacant property blocking the road out of my driveway. I cut it up and split it for firewood. The neighbor comes up a week ago, first time I have ever met him in 4 years and wonders where the wood went from the tree. I told him I had to cut it up to get out of my driveway, he grumbled a little but nothing became of it. So who's wood is it? Should I have cut it up and threw the wood back on his side of the road?


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## Chris-PA (Sep 10, 2014)

In that case, I would have asked him why he did not take care of the tree that fell from his property and blocked your driveway/road? Seems to me he's still responsible for damage his trees cause, even though he is not living there. What if you did not have that capability and had to pay someone to do it?

As far as I'm concerned if it falls on my property, it is mine, especially if I have to put my labor into cleaning it up. But then again there is no issue with neighboring property owners for me, as even the one I don't get along with that well would rather have me clean it up and has no need for the wood.

I don't know what the law really is though.


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## Pelorus (Sep 10, 2014)

None of my neighbours are grumblers.


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## JeffHK454 (Sep 10, 2014)

Oak it would have been mine but I'd a dragged that Aspen back on his property and left no doubts .


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## Chris-PA (Sep 10, 2014)

If no one heard it did it really fall?


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## lone wolf (Sep 10, 2014)

It would be your wood legally.


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## MGoBlue (Sep 10, 2014)

If it fell on my property I'd consider it mine, especially if it blocked a driveway. Let him grumble, grumpy [email protected]#$. Karma's a ***** and he'll get it back.


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## flotek (Sep 10, 2014)

Everyone knows aspens are highly valuable !


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## Philbert (Sep 10, 2014)

It's yours. Even if you don't want it, according to some local insurance agents.

Neighbor had a large branch (the size of a good size tree) fall from another neighbors monster maple into her yard. Was told: 1) that clean up was her responsibility; and 2) homeowner's insurance would not cover removal (but would have covered damage to her house if it had been hit). Neighbor was 'unresponsive'. She was told that could try to recover costs from the owner of the tree in civil court, but might have to prove negligence (i.e. that the owner _knew_ that the tree was sick or defective and did not take steps to address it).

Laws may vary from state to state.

Philbert


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## Dusty Rhodes (Sep 10, 2014)

Its his wood, plain and simple. No you should not have had to cut it up, but you have a right to get it off the road and he should have taken care of that in a reasonable time period. If not then he should have made arrangements to have it removed asap. Probably why he did not make too much of a fuss about you cutting it up. You probably did him a favor. But to answer your question. Its his wood even though it landed on your property.


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## lone wolf (Sep 10, 2014)

Dusty Rhodes said:


> Its his wood, plain and simple. No you should not have had to cut it up, but you have a right to get it off the road and he should have taken care of that in a reasonable time period. If not then he should have made arrangements to have it removed asap. Probably why he did not make too much of a fuss about you cutting it up. You probably did him a favor. But to answer your question. Its his wood even though it landed on your property.


Wrong ! look up the law. Is that how it works in PA?


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## trucky (Sep 10, 2014)

I have dealt with this before. Your wood. Burn it and smile.


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## Coldfront (Sep 10, 2014)

I don't know the actual law, but if it is blocking a Township road they push it off with a front end loader where ever it is easiest to push it. I know it was only popple but why let it rot? I have a camp fire pit and a wood stove in my garage. Btw the neighbor lives 3 hours away.


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## Dusty Rhodes (Sep 10, 2014)

It works that way in most states. It is still his tree. By falling on to your property it did not change ownership. You have a right to get it off your driveway. He has a responsibility to get it off your property but he needs to have notice and to take care of it in a reasonable time period. If it is storm related and a healthy tree he is not legally liable for any damage to your property. If is was rotted and fell down onto your property he is legally liable for your damages. Truth be known most homeowners insurance policies will pay you $500 to get it off the driveway so that you have access to your premises even if you do not own the tree. You do not have the legal right to cut it up and burn it for firewood if it is his tree.


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## KenJax Tree (Sep 10, 2014)

Anything that is over the property line is yours. If his tree hangs over your property you have the right to cut or trim anything on your side.


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## Coldfront (Sep 10, 2014)

I guess the bottom line is the guy would have to be a real jerk to say anything about a 15" aspen that probably would have been half rotten by the time he got back up here.


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## Dusty Rhodes (Sep 10, 2014)

With the neighbor living 3 hours away, He obviously wasn't going to get their anytime soon to take care of it, nor do I suspect he would have been willing to hire someone to get it off your property, but he could raise a stink if you never gave him the opportunity to respond and simply cut up the wood and took it as your possession. If the logic used by some here were that any property that ended up in my yard became my possession I'd have a few tarps, trees, the neighbors trampoline and the 2002 Ford truck that drifted down to my orchard for my own possession.


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## Philbert (Sep 10, 2014)

Dusty Rhodes said:


> If the logic used by some here were that any property that ended up in my yard became my possession I'd have a few tarps, trees, the neighbors trampoline and the 2002 Ford truck that drifted down to my orchard for my own possession.



It's not logic. It's law. Trees, fence lines, cattle, and other items have their own established case law. That Ford could be yours after a period of time. Your neighbor's liability for it is also different. 

Philbert


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## KenJax Tree (Sep 10, 2014)

Cars,trucks,tarps and trampolines are a different story


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## Dusty Rhodes (Sep 10, 2014)

Philbert, I have been a property/casualty adjuster for 20+ years, with the last 13 as V.P. of Claim for a Regional Insurance Carrier that writes business in 9 states. I handle all the litigation files for the company. Guess I have been doing it wrong for all those years.


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## KenJax Tree (Sep 10, 2014)

Anything that comes over the property line you may remove and keep. Branches at the property line that hang over your property, but may not do so in a manner that will do irreparable harm to the tree, and are trespassing if you go onto their property to do the work. If the trimming resulted in further die-back, disease or dangerous lopsidedness you could be sued.


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## unclemoustache (Sep 10, 2014)

So what about leaves? If leaves from my tree land in my neighbor's yard, must I clean them up? Why is a branch different, or maybe, how big of a branch must it be to be different, for many trees drop small twigs and branches all the time.


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## Philbert (Sep 10, 2014)

Dusty Rhodes said:


> Philbert, I have been a property/casualty adjuster for 20+ years, with the last 13 as V.P. of Claim for a Regional Insurance Carrier that writes business in 9 states. I handle all the litigation files for the company. Guess I have been doing it wrong for all those years.



Sorry I did not kiss your ring before responding. I have also worked in insurance and disaster response. I know that after a tornado, you do not personally come out and pick up your policy holder's tarps and trampolines and building materials spread out across their neighbors' property, even as a VP. Nor do you come by to claim tree limbs. And most homeowner's insurance policies cover tree damage separately from building damage, unless they have a special rider.

But the key point I was making, was that it is not logic that rules, but state law, which varies, which may not be 'logical', and which often treats different forms of property and resulting liability differently.

Philbert


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## climbhightree (Sep 10, 2014)

Dusty Rhodes said:


> Philbert, I have been a property/casualty adjuster for 20+ years, with the last 13 as V.P. of Claim for a Regional Insurance Carrier that writes business in 9 states. I handle all the litigation files for the company. Guess I have been doing it wrong for all those years.


You said, earlier, if the tree was healthy and fell on the house, insurance would cover damages. But whose responsibility is it to remove the tree, and pay? And who gets the wood then? Ive always got paid, for storm work, by the insurance company of the house that was hit. 

I don't see the above situation any different then a tree falling across the driveway, other than no insurance involved. Especially if it is a absentee neighbor, that is never around.


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## Dusty Rhodes (Sep 10, 2014)

Ken, I agree with you regarding branches, Not the whole tree if it comes down in a storm. Your neighbors property cannot encroach on your property. Thats not what the OP was talking about. And regarding the cattle example, I had to laugh out loud. Your neighbors cow wanders onto your property, you kill that cow and butcher it and you'll owe the owner for the meat. Now the neighbor owes you for any damage incurred to you by that cow, but you do not have the right to do what ever you want with his cow. To say it is not logic but law is incorrect. Most law is based on Common Law and that is based on logic and common sense.


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## stihly dan (Sep 10, 2014)

What happened to possession is 9 tenths the law?


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## Dusty Rhodes (Sep 10, 2014)

Sorry I ruffled your feather Philbert. I am out of here, more heat than light me thinks, was not trying to elevate myself, just advise by what authority and experience I was giving my opinion, which seems to carry weight regarding some topics on this forum, obviously not this one. I'll let the know it alls have at it.


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## Philbert (Sep 10, 2014)

Dusty Rhodes said:


> Your neighbors cow wanders onto your property, you kill that cow and butcher it and you'll owe the owner for the meat.



I mentioned cattle specifically, because there are whole sections of law, going back to biblical times, specifically about cattle. If a neighbor's dog comes onto my property, I may have the legal right to shoot it. Cows and dogs are different, and are treated differently in the law. Tarps, and trampolines, and trees are different, even though they all start with 'T'.

What I find interesting about the OP's question is the perceived value of the tree. In timber country, trees have a market value and may be protected against illegal cutting, with triple damages awarded. In real estate terms, an ornamental tree may be valued by how it affects the assessed value or sales price of the property. In storm damage situations, most people try to distance themselves from the responsibility for tree removal (aside from building damage issues). The exceptions appear to be the weird firewood scroungers/hoarders here on A.S., and those valuable black walnut trees on C.L.

Philbert


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## GrassGuerilla (Sep 10, 2014)

What's funnier; the neighbor "grumbly" about you having dealt with his storm damaged Aspen? Or you fellas fighting over it?

Seems we have a lot of folks with a lot of experience with such things here. Common sense tells me that there isn't a judge, constable, or anyone else that's going to be too concerned about what you do with storm damaged wood that ends up on your property.


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## KenJax Tree (Sep 10, 2014)

I wasn't arguing i was just explaining why i was right


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## steved (Sep 11, 2014)

lone wolf said:


> Wrong ! look up the law. Is that how it works in PA?


No, it not how it works in PA...

The only his/her thing are line trees, which are every other one. 

If some errant tree falls on your property; its yours. That of course if you want it...or you work out some deal with the neighbor.

I would have simply said, "you can't come on my property without additional insurance to cover damages"...let that neighbor squawk over that...


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## lone wolf (Sep 11, 2014)

GrassGuerilla said:


> What's funnier; the neighbor "grumbly" about you having dealt with his storm damaged Aspen? Or you fellas fighting over it?
> 
> Seems we have a lot of folks with a lot of experience with such things here. Common sense tells me that there isn't a judge, constable, or anyone else that's going to be too concerned about what you do with storm damaged wood that ends up on your property.


Well in my state if it goes on your property it is your problem, period!


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## lone wolf (Sep 11, 2014)

lone wolf said:


> Well in my state if it goes on your property it is your problem, period!


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## lone wolf (Sep 11, 2014)




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## lone wolf (Sep 11, 2014)

To test this out if you don't believe me wait till one does some damage to you property then ask the neighbor to pay for the Tree Service removal and property damage and watch what he says!


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## GrassGuerilla (Sep 11, 2014)

lone wolf said:


> View attachment 367884



Good thing that car was there. Prolly would have damaged the driveway without it.


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## greendohn (Sep 11, 2014)

The guy is 3 hours away? He was grumpy? 
Maybe you could offer him the wood in exchange for him paying you for your labor, see how he feels about that.
I'd get his contact info, if you can, to call him in the future when something like this happens. Call the law next time it happens and take it from there? The guy must be a Richard Cranium.
'Round these parts it mostly agricultural and the farmer will either call a guy to get it out of his way for the firewood or he will push it back into the fence line and let it rot,,


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## DR. P. Proteus (Sep 11, 2014)

Pelorus said:


> None of my neighbours are grumblers.





Dusty Rhodes said:


> Its his wood, plain and simple. No you should not have had to cut it up, but you have a right to get it off the road and he should have taken care of that in a reasonable time period. If not then he should have made arrangements to have it removed asap. Probably why he did not make too much of a fuss about you cutting it up. You probably did him a favor. But to answer your question. Its his wood even though it landed on your property.



I think you may be wrong because I am pretty sure once a neighbor's tree falls on your property in PA its your mess to deal with. But that is in the eyes of the ins companies, I am not sure about municipal laws.
Of course this only has to do with trees, not tarps, tramps or trucks.


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## Sawyer Rob (Sep 11, 2014)

Last Nov. a tornado went across my property... A LOT of tree's from MY side fell across my neighbors wire fence. (he has cattle). Anyway, I called my insurance agent (he's really up on the law) and asked him about making a claim to get paid for cleaning them up, thinking my neighbor could go back on me if HE did the clean up......nope, I was told it was an "act of God" and all the tree's and fence were my neighbors problem!!

The ins. WOULD pay for any clean up in my yard, around my house and pay to open my road to the back side of my property, but that's it.

BTW, I felt like it would be screwing my neighbor to make him clean up all MY tree's off his fence, so I hired a guy to help me, and we cut the tree's that fell from my side of the fence line.

SR


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## zogger (Sep 11, 2014)

AAAK! The government owns it all, it is their tree. And you got to watch it, their tree might have fallen on an endangered salamander, and altered critical wetlands, meaning it is your fault, and some other stakeholders who live 500 miles away in the big city could sue you once the bureau of screwing you over is done with you. Oh look..over there...buncha boys all roid raged up wearing armor coming up the driveway...

You have to keep up on these things


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## Joesell (Sep 11, 2014)

Around here, any part of a tree that hangs over your lot line is yours. 

That means I can legally trim the part of your tree that hangs into my yard. If a tree fell across the lot line, I could cut up and use the part that's in my yard.


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## redheadwoodshed (Sep 11, 2014)

You did the guy a favor, it's your wood. If he wants it back sell it to him.


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## slowp (Sep 11, 2014)

Can't you call the neighbor, before cutting, explain what is going on? Or cut it into manageable sizes and push it back over? It seems as though you are trying to start something. 

For what it is worth, and that wouldn't be much because rules differ throughout the country, when we were marking and cruising blowdown in areas of different property owners (checkerboard ownership) we used the location of the rootwad (roots) for ownership. I have no idea what the laws are anywhere else.


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## Philbert (Sep 11, 2014)

steved said:


> I would have simply said, "you can't come on my property without additional insurance to cover damages"...



That's an interesting point. IF the fallen tree belonged to the neighbor, would he have the right of entry to reclaim it or would that involve trespass?

If he did not reclaim it could you charge him rent?



slowp said:


> Or cut it into manageable sizes and push it back over?



I still believe that in MOST cases people don't want the downed tree and it is considered a nuisance. Cutting it up and throwing it back over the fence could be interpreted it as an provocative act, harassment, or even dumping.

Glad Slowp is here!

Any insight how this might be different if it was a tree being harvested by a timber company that fell the wrong way (versus storm damage)? 

Philbert


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## slowp (Sep 11, 2014)

Philbert said:


> That's an interesting point. IF the fallen tree belonged to the neighbor, would he have the right of entry to reclaim it or would that involve trespass?
> 
> If he did not reclaim it could you charge him rent?
> 
> ...



On Federal land, if a tree is going to go over onto private land during falling, it gets left standing. If one does go over, and it has, by accident, I or the logger would phone the landowner. I'd write up an agreement for the logger to sign saying that the slash from that tree will be cleaned up and placed back on the federal land.
A smart logger won't limb the tree until it is yarded back inside the unit. 

The most recent episode had the timber company saying they were ok with leaving the tops on their land because they were going to harvest their side soon. The key is COMMUNICATION between landowners.


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## yarightdawg (Sep 11, 2014)

Coldfront said:


> We had a big storm earlier this summer, the wind knocked down a big aspen (popple) off my neighbors vacant property blocking the road out of my driveway. I cut it up and split it for firewood. The neighbor comes up a week ago, first time I have ever met him in 4 years and wonders where the wood went from the tree. I told him I had to cut it up to get out of my driveway, he grumbled a little but nothing became of it. So who's wood is it? Should I have cut it up and threw the wood back on his side of the road?


Figure what you would charge to cut and clear driveway. .. Split and stack
He pays your price he can have the wood


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## lone wolf (Sep 11, 2014)

KenJax Tree said:


> Anything that is over the property line is yours. If his tree hangs over your property you have the right to cut or trim anything on your side.


That's a fact jack.


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## lone wolf (Sep 11, 2014)

Dusty Rhodes said:


> Philbert, I have been a property/casualty adjuster for 20+ years, with the last 13 as V.P. of Claim for a Regional Insurance Carrier that writes business in 9 states. I handle all the litigation files for the company. Guess I have been doing it wrong for all those years.


Yup!


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## lone wolf (Sep 11, 2014)

Joesell said:


> Around here, any part of a tree that hangs over your lot line is yours.
> 
> That means I can legally trim the part of your tree that hangs into my yard. If a tree fell across the lot line, I could cut up and use the part that's in my yard.


I see you are in Wisconsin so is the OP which is why I believe it to be his wood.


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## lone wolf (Sep 11, 2014)

slowp said:


> Can't you call the neighbor, before cutting, explain what is going on? Or cut it into manageable sizes and push it back over? It seems as though you are trying to start something.
> 
> For what it is worth, and that wouldn't be much because rules differ throughout the country, when we were marking and cruising blowdown in areas of different property owners (checkerboard ownership) we used the location of the rootwad (roots) for ownership. I have no idea what the laws are anywhere else.


He is not starting anything more than his chain saw it is his wood !


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## Zale (Sep 11, 2014)

In general, case law holds that the tree is the responsibility of the homeowner whose land it fell on. As stated above, its considered an act of God. I work in Washington, D.C. and run into this situation all the time. Believe me, with all the lawyers in this town, I know who is and isn't responsible.


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## flotek (Sep 11, 2014)

Reminds me of the game commission they regulate everything concerning the whitetail deer population every little thing must be reported and hunting regulations are to be followed to the T. They are responsible for the wildlife. And it's habitat ..* But if the deer runs in front of your new car and totals it out with immense damage. ..then that's not their problem and an act of God . They are only responsible if it benefits them


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## svk (Sep 11, 2014)

slowp said:


> It seems as though you are trying to start something.


He cut up a nearly worthless tree that was blocking his driveway. Do you expect him to go down to the county courthouse to look up the property owner's info to ask permission to cut the tree? Why would you accuse him of trying to start something???

Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate. But around here it seems that you like to condemn the OP in any given situation and assume the person being spoken about is innocent/in the right every time.


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## Philbert (Sep 11, 2014)

Zale said:


> As stated above, its considered an act of God. I work in Washington, D.C. and run into this situation all the time. .



Running into God in Washington DC seems like an oxymoron. Just sayin.



svk said:


> Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate.



I really appreciate Slowp's input on this, having dealt with formal timber issues for many years on behalf of the USFS. Different perspectives than from a homeowner or arborist.

Philbert


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## svk (Sep 11, 2014)

Philbert said:


> I really appreciate Slowp's input on this, having dealt with formal timber issues for many years on behalf of the USFS. Different perspectives than from a homeowner or arborist.
> 
> Philbert


Her second paragraph had value. The first had none....


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## lone wolf (Sep 11, 2014)

svk said:


> He cut up a nearly worthless tree that was blocking his driveway. Do you expect him to go down to the county courthouse to look up the property owner's info to ask permission to cut the tree? Why would you accuse him of trying to start something???
> 
> Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate. But around here it seems that you like to condemn the OP in any given situation and assume the person being spoken about is innocent/in the right every time.


I cant imagine waiting , and i think it is his responsibility anyway!


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## slowp (Sep 11, 2014)

svk said:


> He cut up a nearly worthless tree that was blocking his driveway. Do you expect him to go down to the county courthouse to look up the property owner's info to ask permission to cut the tree? Why would you accuse him of trying to start something???
> 
> Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate. But around here it seems that you like to condemn the OP in any given situation and assume the person being spoken about is innocent/in the right every time.




I'm not playing devil's advocate in this case. Ever read all the "I hate my neighbor" threads? I'm know nothing about the laws of trees falling. But, isn't it a neighborly, friendly thing to do to phone the landowner where the tree came from if you know who they are? Why wouldn't you? It all seems kinda petty to me and a good way to start off badly with a neighbor. If the tree is blocking your driveway and you have to get out, by all means cut enough to get in and out but still TALK to the neighbor. I'm surprised nobody else felt this way--Golden Rule and all that seem to be thrown out the door when it comes to firewood. Maybe that's why I didn't like having to manage firewooders.


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## Oliver1655 (Sep 11, 2014)

As previously mentioned, communication is important.

- When the tree came down was an attempt made to contact the owner at that time? Op never said.

- If OP did not know who the owner was, a call to the sheriff's department could have got him the contact information or they would have made contact with the owner for the OP. At least where I live.

- If attempts had been made to contact & there was not response back, then I would have cleaned up the tree & after 30 days, would have considered it abandoned & mine in exchange for the labor.


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## Chris-PA (Sep 11, 2014)

slowp said:


> I'm not playing devil's advocate in this case. Ever read all the "I hate my neighbor" threads? I'm know nothing about the laws of trees falling. But, isn't it a neighborly, friendly thing to do to phone the landowner where the tree came from if you know who they are? Why wouldn't you? It all seems kinda petty to me and a good way to start off badly with a neighbor. If the tree is blocking your driveway and you have to get out, by all means cut enough to get in and out but still TALK to the neighbor. I'm surprised nobody else felt this way--Golden Rule and all that seem to be thrown out the door when it comes to firewood. Maybe that's why I didn't like having to manage firewooders.


There may be some difference in how people define "neighbor". As far as I'm concerned, the guy who owns property next to mine but lives up the road in a town is not my neighbor, he just owns the lot. That gives him certain legal rights of course, and we are on good terms, but what happens out here is really not much of a concern to him. When storms hit the actual neighbors take care of clearing roads and lanes and taking care of each other. He's in town presumably doing the same where he lives. 

In this case were talking about someone who lives 3hrs away, and probably was barely aware that the tree (of little value) existed prior to seeing the stump. That's too far away to include in local affairs in my opinion.


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## chads (Sep 11, 2014)

In Ohio the tree is yours if it falls on your side.
If it's on my side it's mine period live, fallen or dead.
I don't generally worry about it much if I need to trim a tree I do it.
If it falls down I cut it up etc.
If I have to go on the neighbors property we figure out how to do it together.
Chad


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## pigpen60 (Sep 11, 2014)

my neighbor picks up the limbs that hung and fell in his yard and chucks them in mine. my other neighbor dropped a tree across the line and blocked my path so I cut it up to the line and haven't heard anything.


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## Whitespider (Sep 11, 2014)

This whole thread is hilarious...
The answer to the OP's question depends on state law, local law and the circumstances of the "fall".
In this state and county, the rightful owner of the tree is the owner of the property where the tree grew, not the property where it fell... but both property owners have "rights".

The owner of the tree (the property owner where the tree grew) has the "right" to enter the others property to retrieve his "rightful" property, but that right-of-entry extends only far enough to "retrieve"... the entry must be "reasonable". No different than if I shoot a deer that runs onto the neighbors property before falling... I have the "right" to enter the neighbor's property (without seeking permission) to retrieve the deer (but I am not allowed to carry the hunting firearm without permission).

The property owner where the tree fell has the "right" to clean up the mess, but even though he may have expenses and labor involved, he does not have claim to the tree (any part of it). However, if the property owner where the tree fell can prove negligence on the part of tree owner, he can sue for damages and expenses... but he still has no claim to the tree (wood). Which, yes, that means the property owner where the tree fell can put the tree back on the property of the tree owner during the "clean-up"... but he can not damage any other part of that property, or do it with malice. Meaning he can not bring a chipper in and blow all the chips back onto the tree owner's property (he can only do what is required to return the property without creating extra work or expense to the tree owner).

Now, as far as a living tree with part of it hanging over the property line...
Yes, I have the "right" to trim off any part of a tree extending over my property *and* creating a nuance, such as a low-hanging branch or one overly shading my garden (provided my garden was there before the tree shaded it). But in this case, because I created the "mess", I can not place the "mess" onto the tree owner's property without permission, nor can I dispose of it without giving the owner a chance to claim his "rightful" property. Basically, I'm required to inform the tree owner of my intentions and ask him if he want's to keep the part of the tree I remove... if he does not want it, it is my responsibility to dispose of it.

So what if the tree is growing right on the property line??
Well, the center of the tree determines ownership... it ain't about where the tree is, it's about where the tree sprouted.
And, no, you can not cut of the part of the trunk encroaching on your property if the center is on another... unless, and you would need to prove it, it is creating a nuance (and you can bet the question asked of you would be what nuance is it creating now that it wasn't creating during the past 20 years?).

Where I live, the OP did not have the "right" to the wood, he did not have the "right" to turn it into firewood... he only had the "right" to cut it into pieces manageable enough for returning to the owners property without causing further damage. Or, he could have contacted the owner and asked him if he "chose" to claim the property... and worked out when, where, what, how and who would be doing the clean-up. If the tree was blocking an access of some sort, he had every "right" to a timely clean-up... but no "right" to the property.
*
*


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## zogger (Sep 11, 2014)

Wow, a gypo logger musta snuck in at night and done stole the whole dang log!!!! sneaky guys  Need to sic the tree swat guys on him!


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## Sawyer Rob (Sep 11, 2014)

Whitespider said:


> No different than if I shoot a deer that runs onto the neighbors property before falling... I have the "right" to enter the neighbor's property (without seeking permission) to retrieve the deer (but I am not allowed to carry the hunting firearm without permission).


 NOT here you don't! That case has already been tested here, and you DO NOT have the right to go get it! NO exceptions!

SR


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## svk (Sep 11, 2014)

Sawyer Rob said:


> NOT here you don't! That case has already been tested here, and you DO NOT have the right to go get it! NO exceptions!
> 
> SR


Not true here. You may enter to retrieve a game animal or hunting dog without permission but must leave if asked to by landowner.


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## Philbert (Sep 11, 2014)

Whitespider said:


> The owner of the tree (the property owner where the tree grew) has the "right" to enter the others property to retrieve his "rightful" property, but that right-of-entry extends only far enough to "retrieve"... the entry must be "reasonable".



What if the property owner where the tree grew refuses to retrieve his rightful property? Or does not do it in a timely manner. Does the property owner where the tree fell have to go to court to obtain custody of said tree?

Law can be interesting. Or it can make you nuts. That's before we even get into having different laws in different places.

Philbert


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## zogger (Sep 11, 2014)

Here's a cool one....property line is the state line! So, it falls into a different state and county! OMG, lawyer fest!


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## Haywire Haywood (Sep 12, 2014)

I had a deer run onto a neighbor's property once. I knew he was sensitive about property lines, so I retrieved the deer and took him a tenderloin. He still wasn't happy and I soon wrote him off and did what I need to do without any consideration about what he might think.


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## climbhightree (Sep 12, 2014)

Whitespider said:


> This whole thread is hilarious...
> The answer to the OP's question depends on state law, local law and the circumstances of the "fall".
> In this state and county, the rightful owner of the tree is the owner of the property where the tree grew, not the property where it fell... but both property owners have "rights".
> 
> ...


Very interesting "whitespider" definitely proves every place is different. 

In your area, does all you said apply to a tree that fell on a neighbor's house too ? Does the tree owner still have rights to the wood/tree? Who is responsible to pay for the removal?


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## Whitespider (Sep 12, 2014)

Sawyer Rob said:


> _*NOT here you don't! That case has already been tested here, and you DO NOT have the right to go get it! NO exceptions!*_[color]


Well I don't know where "here" is, but in Iowa it is *state* law printed right in the hunting and trapping regulations. In fact, if the land owner tries to stop me from retrieving the game animal, interferes with the retrieval, tries to claim the animal, or hides the animal, he is the one who has broken the law. Although, as I said, there are limits; I can not carry the firearm, I must use the most direct route, I can not cause damage, and I must walk not drive onto his property... as long as I stay within the limits I can follow a blood trail across a dozen or more properties without permission.




climbhightree said:


> _*Very interesting "whitespider" definitely proves every place is different. *_
> _*In your area, does all you said apply to a tree that fell on a neighbor's house too ? Does the tree owner still have rights to the wood/tree? Who is responsible to pay for the removal?*_[/black]


The tree still belongs to the tree owner (if he wants to claim it), but he can only be held legally "responsible" if negligent in some way... i.e., the owner is not held responsible for an "act of god".
No doubt, 999 times out of a 1000, neither party values the downed tree more than sour owl crap and the insurance companies handle that sort of thing... the legal/civil issues never arise.
*


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## climbhightree (Sep 12, 2014)

Whitespider said:


> Well I don't know where "here" is, but in Iowa it is *state* law printed right in the hunting and trapping regulations. In fact, if the land owner tries to stop me from retrieving the game animal, interferes with the retrieval, tries to claim the animal, or hides the animal, he is the one who has broken the law. Although, as I said, there are limits; I can not carry the firearm, I must use the most direct route, I can not cause damage, and I must walk not drive onto his property... as long as I stay within the limits I can follow a blood trail across a dozen or more properties without permission.
> 
> 
> 
> ...



So if he wants to claim it...he, or his insurance, pays to get it off the neighbors house etc?


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## Whitespider (Sep 12, 2014)

climbhightree said:


> _*So if he wants to claim it...he, or his insurance, pays to get it off the neighbors house etc?*_


No, he is not "legally" responsible for costs unless he is negligent... but the tree is his rightful property, he can, or may, claim it. He can ask the tree service (or whomever) to return the property, or place it where he can retrieve it, when it is removed from the house. Although he may personally enter the neighbor's property to retrieve his rightful property, he can not cause further damage... which pretty much stops him from personally climbing up on the house to retrieve it.

Like I said, 999 times out of a 1000 these civil issues would never come up... and if there's a disagreement, that's what civil court is for.
*


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## Whitespider (Sep 12, 2014)

Look at the whole thing this way...

Let's say I have a picnic table in my yard and a storm blows it onto the neighbor's property. I have the "right" to enter the neighbor's property (without seeking permission) to retrieve it, but I can not stomp all over his garden and pee on his shrubs while doing so. The neighbor has the "right" to remove the table from his property, but he must return it (because it is my property) and he can not (intentionally) bust it into pieces in the process... nor can he throw it on top of my rose bushes.

Now let's say a tornado blows the table on his roof, damaging the shingles. The table still belongs to me, but I an not responsible for the damage to the shingles (act of god thing, it is "storm damage"). Although I can retrieve the table, I can not throw a rope around it and drag it across his roof causing further damage. Likely both of us would contact our insurance companies, they would work-out the details. But, unless there was negligence on my part, the neighbor's insurance company would pay to have the table removed and the shingles repaired... and the table, if it could be reasonable removed without destroying it, would be returned to me (because it is mine). Even if the removal required the destruction of the table, the pieces are still my property, and I have a "right" to claim them if I choose to (and *my* insurance company would compensate me for the picnic table).
*


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## unclemoustache (Sep 12, 2014)

slowp said:


> I'm not playing devil's advocate in this case. Ever read all the "I hate my neighbor" threads? I'm know nothing about the laws of trees falling. But, isn't it a neighborly, friendly thing to do to phone the landowner where the tree came from if you know who they are? Why wouldn't you? It all seems kinda petty to me and a good way to start off badly with a neighbor. If the tree is blocking your driveway and you have to get out, by all means cut enough to get in and out but still TALK to the neighbor. I'm surprised nobody else felt this way--Golden Rule and all that seem to be thrown out the door when it comes to firewood. Maybe that's why I didn't like having to manage firewooders.




Can't argue with that. If there's a situation between you and your neighbor, the thing to do is go to your neighbor and work it out. You don't want to get the government involved, for they will screw you both over, and then tax you for it.


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## mainewoods (Sep 12, 2014)

I believe you will find that if a tree falls on your property you are responsible for cleaning it up. In other words it's yours, up to the neighbors property line and no further. You can not enter onto another persons property. Cutting any part of the tree on his property is considered trespassing and could also be considered theft. You can trim branches from a neighbors tree that are hanging over your property, but only to the property line, and you can not injure the tree doing it. The general rule of thumb is that if it's on your property it's yours to deal with. A good neighbor would offer to help with cleanup. An act of God is no ones fault, unless intentional negligence can be shown, which is very difficult to prove.


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## Cheesecutter (Sep 12, 2014)

In June a storm ripped through a neighboring town. Friends of ours had a next door neighbors walnut tree on their house and garage. Since property damage was done, the person liable was the owner where the tree grew. My friends removed the tree, the neighbors insurance fixed the roofs. In front of the house a dozen pines broke off and ended up across the street but did no damage so they were now that persons responsibility to clean up.


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## lone wolf (Sep 12, 2014)

Here is one for you to ponder my neighbors tree falls in my yard I cut it up he tries to take the wood I stop him one way or the other!


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## Whitespider (Sep 12, 2014)

mainewoods said:


> _*I believe you will find that if a tree falls on your property you are responsible for cleaning it up.*_ _*In other words it's yours...*_


Maybe in Maine it's yours (I don't know), but you can't tell the OP, from Wisconsin, that is the case... 'cause it ain't yours here where I live.
As far as who is responsible for the clean-up... well... again... that is gonna' depend on state law, local law and circumstances. There is no Federal law on such a thing... what is true in Maine, may only be true in Maine. Heck, it may only be true in your local township.



Cheesecutter said:


> _*In June a storm ripped through a neighboring town. Friends of ours had a next door neighbors walnut tree on their house and garage. Since property damage was done, the person liable was the owner where the tree grew. My friends removed the tree, the neighbors insurance fixed the roofs. In front of the house a dozen pines broke off and ended up across the street but did no damage so they were now that persons responsibility to clean up.*_


A perfect example of how things are different from one local area to another... civil law is not universal, it only applies locally.



lone wolf said:


> _*Here is one for you to ponder my neighbors tree falls in my yard I cut it up he tries to take the wood I stop him one way or the other!*_


Nothing to ponder.
Where I live the tree belongs to him; if you stop him from retrieving it, if you keep it without his permission... you either go to jail for property theft or will be sued for compensation depending on the circumstances (if he chooses to pursue it). And if you use force to stop him (your words, "one way or another") you have committed a felony offense.

One person's rights can not remove the rights of another... ever.
*


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## mainewoods (Sep 12, 2014)

Not disputing you at all spidey, you make valid points. But going onto another persons property without permission is trespassing. Taking something from their property,unless it was yours to begin with, is theft. From what I have seen, in a lot of states if your neighbors tree ( not a wild animal, table, chair or something man made) falls, blows onto or ends up there by an act of God, it is yours to deal with, up to the abutting property line.


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## muddstopper (Sep 12, 2014)

I have never heard of an issue because a tree fell on someones property around here. It falls, first one to cut it up keeps it. Usually its more of "I hope he gets it before I have to" sort of thing. 

Interesting that some one mentioned having a ford pickup roll into their property. Owner of said truck would be responsible for any damage to property and removal of the truck. Then you get those that deliberately park a truck on someones property. I had that issue a few years ago with the telephone company. Repair guy parks truck in my yard to work on a phone box located across the street. Usually this wouldnt be such a big deal, but I had just built a house and the yard was freshly graded and seeded. Grass just poking out of the ground, it had been raining and I guess you can imagine the rutts the truck put in my yard. to make matters worse, My driveway was about 10ft from where he parked the truck and was 22ft wide. If he had parked on the driveway, I wouldnt have said a thing. I questioned the driver about his decision to tearup my yard and he just shrugged his shoulders and them moved the truck, across the street into the neighbors drive way. I went inside and called the phone company and they sent a crew to repair my yard. Should of been done and over with you would think. The next week, I look outside and theres the same truck parked in the same place in my yard. I picked up the phone and called the phone company and they told me to tell the guy working on the phone lines to give them a call. well he moved his truck and company sent another crew to fix the damage done to my lawn. OK, done deal, guy knows better and wont do it again. Wrong! Next week, I look out the window and the guy has his truck parked in the same place in my lawn. Now I was pissed. I took my pickup and drove it to just in front of his truck so he couldnt move it forward, then I took my car and backed it up to the back bumper of the truck where he couldnt move it backwards. Then I went back into the house. In a few minutes the phone guy knocks on the door and tells me he cant get his truck out because I had him blocked in. I told him he no longer owned that truck and that I was the new owner and I wasnt going to move my other vehicles anytime soon and closed the door. In a few mintues, my phone rang and it was the Phone company office asking me why I was refuseing to let their driver move his truck. I replied that their driver abandoned the truck on my property and I was taking possesion of the said truck. They said "You cant do that" , my reply was, "I already did" and hung up the phone. Well it wasnt long that the local law was at my house knocking on my door. Lawman demanded I move my cars and let the phone driver move his truck. I explained to the lawman that the state right of way only extended to the edge of the pavement and the truck was well over the property line on my side of the property. I also explained that this was the third time this driver had damaged my property and had already been informed that he was not to park his truck on my property. His continual to do so forfits his right to retrieve his truck and that to the best of my knowledge, there is no law that says I cant park my vehicles on my property where ever I see fit. I would not be moving my vehicles and would sue anybody that attempted to move my vehicles on my property, and with that I closed the door and left the lawman and the truck driver to figure out what they wanted to do next. In a few minutes, my phone rang and it was the phone company calling to ask how we could resolve this situation. I told them that I had already called a guy with a cutting torch to come and start scraping the truck and I had no intentions of letting them have the truck back. Of course he started threatening lawsuits, court actions, etc, etc. I just reminded him that he had been given 2 previous warnings about parking the truck in my lawn, each time they had to repair said damages and I felt pretty confident in court the jury would see it my way and hung up the phone. It took about an hour before the Phone company man got to my house and he stood out there for a few minutes talking to the police man and the driver. Then the policeman knocked on my door. being all polite, he told me I really should consider moving my vehicles to let the truck out. I asked him, Are there any laws saying I cant park my vehicles on my property where ever I choose. His answer was no, my answer was, well my vehicles are on my property and parked where I want them. It is the phone company vehicle that is parked illegally. Well the policeman went back to talk with the phone company and then the company manager or what ever he was knocked on the door. He wanted to know just what it was going to take to resolve the situation. I told him it was very simple, first, I wanted a letter stating that the phone company and the company driver acknowledge that they had been asked at least twice previously to not park their vehicles on my lawn. Also stating that if at any point in the future if one of their trucks was parked in my yard that they forfitted any right to reclaim said truck. I also wanted a crew there to fix my lawn before the truck left my premises and that the driver of the truck would be raking and shoveling and doing the actual work. They didnt like it one bit so I told them to think it over and let me know what they decided. I watched them thru the window and they made several calls. I dont know who they called or what was said, but in a little while they came knocking at the door and agreed to my terms. I had to wait, as did they until a letter was delivered from the home office about 60miles away. With letter in hand, I moved my vehicles back to the garage, they moved the truck and the truckdriver was raking with a rake. New seed was spread and straw put down. the lawman hung around until everybody left and laughed about how I handled it. Now according to the policeman, I was in the right and there was nothing the phone company could do about it and that they had talked to their lawyers before agreeing to my terms. He also said the sheriff dept told him to not enter my property to force me to move my vehicles and that I wasnt breaking any laws. 

Whether or not I had a legal right to take these actions, I dont know for certain, but it worked and nobody went to jail. As to whether or not I had a moral right to stop repeated damage to my lawn, no question about it. I was right in every sense of the word. I offered the truck driver the first time to let him use my driveway so he wouldnt have to park in my lawn. I dont think he realized I only work 4 days a wk and was always home on Fridays, and he thought he would just be a ******* and park in my lawn and I wouldnt catch him. I can guarantee he doesnt park there anymore. He wont even use my driveway to turn around in.


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## slowp (Sep 12, 2014)

I am thankful for my neighbors. When I was packing some firewood up the hill, the guy on that side stopped and said I should roll it down to their road and come and pick it up. I hadn't asked, he stopped and offered. So, I did but had one roll under an electric fence, which according to the grass blade test was off--it was. 

I've had my road plowed because "The power was off and we were bored." I've had a misdelivered UPS package brought to my house. I trim the grass along the road so the line of sight is improved. Even the meth sellers were nice--we didn't even know they were selling! 

Is this just a western thing? Those ancestors of ours who moved out here had to rely and help each other to make it here. Could that still be in our genes?


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## Philbert (Sep 12, 2014)

I run the snowthrower down the entire block. Unless one of the neighbors beats me to it. 

Philbert


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## Haywire Haywood (Sep 12, 2014)

I asked one of our neighbors with a plow to clear our little side road on his way out to do the parking lots. Said he couldn't because of liability reasons.


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## Chris-PA (Sep 12, 2014)

slowp said:


> I am thankful for my neighbors. When I was packing some firewood up the hill, the guy on that side stopped and said I should roll it down to their road and come and pick it up. I hadn't asked, he stopped and offered. So, I did but had one roll under an electric fence, which according to the grass blade test was off--it was.
> 
> I've had my road plowed because "The power was off and we were bored." I've had a misdelivered UPS package brought to my house. I trim the grass along the road so the line of sight is improved. Even the meth sellers were nice--we didn't even know they were selling!
> 
> Is this just a western thing? Those ancestors of ours who moved out here had to rely and help each other to make it here. Could that still be in our genes?


By the time the township or power company gets out here, we've usually got the trees cut up and removed, unless they are still wrapped up in the lines. My neighbor up at the top of the lane plows it in the winter, but if he's not home I do it with the Gravely or the loader. When the lane washes out I drag it with the box blade, and one of us will put the diversions back. Nobody needs to be asked. The guy in the middle never does a thing, but he benefits anyway.


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## Whitespider (Sep 12, 2014)

mainewoods said:


> _*Not disputing you at all spidey, you make valid points. But going onto another persons property without permission is trespassing.*_



Trespassing laws vary from state to state, locality to locality... also, there is civil trespass and criminal trespass.
Here, where I live, trespass is entering onto someones property without permission or a right to do so (a example of a "right to do so would be to retrieve property, wounded/down game, etc.) with intent to make illegal use of that property (such as building a hunting blind, camping, or removing a tree belonging to the property owner), or in some way obstructing the rightful owner's use of that property. Simply stepping onto someone's property is not trespassing unless the owner asks you to vacate and you refuse, or you ignore "NO TRESPASSING" signs without a "right" to do so, and in some cases if you cross a fence (basically, the fence needs to be an anti-personal type, such as a privacy or high chain link).

Trespass laws are not universal across the United States... there are no Federal trespass laws pertaining to "private" property.
Most criminal trespass laws are state laws, most civil trespass laws are local laws.
Where I live, it is not trespassing if I simply walk across my neighbors property... unless he has formally asked me to stop/vacate (and informed law enforcement of the formal request) and/or placed "NO Trespassing" signs in plain view of my entry point. Even then, I have the "right" to enter his property to retrieve my property, wounded/downed game, and a few other reasons... for example, I can enter his property to aid someone in distress or danger (even if that someone is a trespasser himself), or to protect myself (such as getting out of the way of a falling tree).
*


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## Whitespider (Sep 12, 2014)

Here is the Iowa criminal code defining what is trespass on private property (underlining and bolding are mine)...



> _a. “*Trespass* ” shall mean one or more of the following acts:_
> 
> _(1) Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession *with* the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or in the property by a person who is outside the property. This subparagraph *does not* prohibit the unarmed pursuit of game or fur-bearing animals by a person who lawfully injured or killed the game or fur-bearing animal which comes to rest on or escapes to the property of another._
> 
> ...




So... as you can read... simply walking across someones property is not "trespassing" according to Iowa law, unless the qualifications specified in paragraph (2) have been previously met. And even then, you can still enter if you have "justification".
*


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## Whitespider (Sep 12, 2014)

And here is more...



> _b. “Trespass ” *shall not mean* either of the following:_
> 
> _(1) Entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This subparagraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering._


_*_


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## KenJax Tree (Sep 12, 2014)

Sawyer Rob said:


> NOT here you don't! That case has already been tested here, and you DO NOT have the right to go get it! NO exceptions!
> 
> SR


You can't go on private property with permission here in Michigan either.


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## 1project2many (Sep 12, 2014)

Whitespider said:


> This whole thread is hilarious...
> The answer to the OP's question depends on state law, local law and the circumstances of the "fall".
> In this state and county, the rightful owner of the tree is the owner of the property where the tree grew, not the property where it fell... but both property owners have "rights".
> 
> ...


Thank you. "It depends" is the correct answer. The law here in NH is the same as what's above regarding trees. Wood from tree belongs to PO regardless of where it lands. It's also the same in MA, and I've dealt with the "what if their tree falls on your house" question there. Homeowner's insurance covers damage to home. Cleanup costs are not part of insurance claim. PO where tree grew gets wood. Homeowner must try and recover costs from PO.


> *We start by determining who owns the tree in question. Because a tree is a product of the soil, the tree is owned by the owner of the land where it is rooted. ... Landowners generally have a right to grow, maintain or cut down their trees as they see fit. They also have a right not to have their trees pruned or removed without their consent, except pursuant to certain statutory procedures discussed on the next page.*


(This is from a very good and interesting discussion of exactly what the OP asked about.)
http://www.nhmunicipal.org/TownAndCity/Article/391

And just to keep the discussion lively, like Whitespider, law here does not require a hunter to obtain permission to hunt on (or walk on) another's land. The PO is responsible for posting signs, enough of them and plenty visible, to warn that a person is unwelcome. And just to complicate issues, some towns do have "permission required" laws so a hunter must know both state and local law when hunting.


> *Common law in New Hampshire gives the public the right of access to land that's not posted. You won't find that in state law books, because it is common law, going back to the philosophy of New England's early colonists and supported over the centuries by case law.*


http://www.wildlife.state.nh.us/Hunting/hunt_landowner_hunter_FAQs.htm

In the specific case of the OP's question, regardless of the law it sounds like the landowner where the tree grew feels he has no claim on the wood. Might be best to let that dog lie.


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## Whitespider (Sep 12, 2014)

KenJax Tree said:


> _*You can't go on private property with permission here in Michigan either.*_



Really... no exceptions??
Well, a quick search of the Michigan code brought this up... and I'm bettin' I could find more exceptions if'n it really made a difference to me.

Section 324.73102
(4) A person other than a person possessing a firearm may, unless previously prohibited in writing or orally by the property owner or his or her lessee or agent, enter on foot upon the property of another person for the sole purpose of retrieving a hunting dog. The person shall not remain on the property beyond the reasonable time necessary to retrieve the dog. In an action under section 73109 or 73110, the burden of showing that the property owner or his or her lessee or agent previously prohibited entry under this subsection is on the plaintiff or prosecuting attorney, respectively.

*


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## lone wolf (Sep 12, 2014)

Whitespider said:


> Maybe in Maine it's yours (I don't know), but you can't tell the OP, from Wisconsin, that is the case... 'cause it ain't yours here where I live.
> As far as who is responsible for the clean-up... well... again... that is gonna' depend on state law, local law and circumstances. There is no Federal law on such a thing... what is true in Maine, may only be true in Maine. Heck, it may only be true in your local township.
> 
> 
> ...


Not here, maybe your state sounds really screwed up.


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## Whitespider (Sep 12, 2014)

lone wolf said:


> _*Not here, maybe your state sounds really screwed up.*_



No kiddin'... that "screwed-up"??
Well here is the New jersey trespass law spelled out in your state's hunting regulations...

_Trespass Law
Hunters and trappers must have permission (oral or written) from the landowner or lessee prior to entering either posted lands or agricultural lands (which are not required to be posted.) Hunters also must obtain permission to enter posted land and agricultural land to recover deer. Hunters and trappers may not enter unposted land *after* having been forbidden to trespass by the owner, lessee or occupant._

Now be sure to read that carefully... because what it says is I am not trespassing if I enter *un*posted land (unless it is agricultural land or I have been previously forbidden).
Are you getting that?? Entering privately owned, *un*posted, wooded land, grass land, any land not used for crops/livestock without permission is not trespass according to New Jersey code‼ While going armed and shooting game, no less‼ It is trespassing after, and only after the land owner asks me to vacate and I refuse, or return.
So... how screwed-up is that??
Are you getting that?? Simply walking across your neighbor's property is not trespassing in New Jersey‼

A person should read the law before stating what it says.
*


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## Philbert (Sep 12, 2014)

1project2many said:


> Wood from tree belongs to PO regardless of where it lands.



And what if he does not retrieve it in a reasonable amount of time?



Whitespider said:


> I have the "right" to enter his property to retrieve my property, wounded/downed game, and a few other reasons...



So if I _shoot_ the tree and it falls across the property line . . . 

Philbert


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## Whitespider (Sep 12, 2014)

Philbert said:


> _*So if I shoot the tree and it falls across the property line . . .*_



You would be negligent... but, on the bright side, you still own the tree 
Well, you own it if it was rooted on your property... if it was rooted on his property and you shot it, you're in deep doodoo.
*


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## zogger (Sep 12, 2014)

Whitespider said:


> You would be negligent... but, on the bright side, you still own the tree
> Well, you own it if it was rooted on your property... if it was rooted on his property and you shot it, you're in deep doodoo.
> *



I am still preferring the gypo logger gambit, no matter the circumstances...


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## Coldfront (Sep 12, 2014)

Wow all we need $500 per hour lawyers over $10 or $15 worth of skunky popple wood. If it wasn't blocking the road out of my driveway I wouldn't have touched it, but since I cut it up and moved it so I could go to work, I kept it. I don't remember the guys name, first time I have seen him in 4 years. I would have to go to the court house and look up the land records to see who pays the taxes on that piece of land.


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## Whitespider (Sep 12, 2014)

Coldfront said:


> _*Wow all we need $500 per hour lawyers...*_



Naw, you don't need a lawyer, you just need to read the law.
Social Science 101; In the United States it is the responsibility of every citizen to know the law, Federal, State and local... ignorance is not an acceptable defense.
*


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## 1project2many (Sep 12, 2014)

Philbert said:


> And what if he does not retrieve it in a reasonable amount of time?



To follow a legal path I'd treat it as abandoned property. In NH it could take up to 5 years for it to be considered abandoned. Would you consider that to be a reasonable amount of time? I'd probably call local Ag office and discuss with them. How hard I pursue would depend on what I expect to recover. Is it 4-5 cord of good Oak or a branch from a rotting Willow? It really depends.

As a practical answer it really depends on the situation. Thinking about it as a tree across a driveway that did little other damage I'd probably cut and stack in sight of property line on my side. If owner was a decent guy, maybe apologized for taking so long, offered money or compensation, I'd probably say no harm no foul just take the wood. If he started grumbling I'd argue that the value of the wood is equal to the time and expense to remove it from where it fell and attempt to come to an agreement. If no agreement, well, ultimately it's not my wood to keep. Time will tell as to what plays out after that.

Ultimately I just don't think a branch or tree across a driveway is worth getting into a pissing contest over if there's no history with the abutter. But I'm a Yankee from New England and we don't appreciate having to take the short end of the stick, either.



> If it wasn't blocking the road out of my driveway I wouldn't have touched it, but since I cut it up and moved it so I could go to work, I kept it. I don't remember the guys name, first time I have seen him in 4 years.



I'm in agreement that what you did isn't unreasonable. But you didn't ask about that. You asked who owned the wood. In this state, the answer is "He does."


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## lone wolf (Sep 12, 2014)

Whitespider said:


> No kiddin'... that "screwed-up"??
> Well here is the New jersey trespass law spelled out in your state's hunting regulations...
> 
> _Trespass Law
> ...


I was talking about trees falling on to my property and the owner can not claim it! Look that one up while you are at it OK? And he can not just go on my property I tell you it is trespassing! So you think you can go on anyone's property and you wont be trespassing? Where did your info say residence anyway? That's what this is all about not wooded areas! And if posted it is no doubt trespassing. So if the OP's property is posted then the neighbor came over to take the wood there would be no doubt it is trespassing.


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## H-Ranch (Sep 15, 2014)

muddstopper said:


> Repair guy parks truck in my yard to work on a phone box located across the street. Usually this wouldnt be such a big deal, but I had just built a house and the yard was freshly graded and seeded. Grass just poking out of the ground, it had been raining and I guess you can imagine the rutts the truck put in my yard.
> ..... Now I was pissed. I took my pickup and drove it to just in front of his truck so he couldnt move it forward, then I took my car and backed it up to the back bumper of the truck where he couldnt move it backwards.
> ..... Then I went back into the house. In a few minutes the phone guy knocks on the door and tells me he cant get his truck out because I had him blocked in. I told him he no longer owned that truck and that I was the new owner and I wasnt going to move my other vehicles anytime soon and closed the door.
> ..... I just reminded him that he had been given 2 previous warnings about parking the truck in my lawn, each time they had to repair said damages and I felt pretty confident in court the jury would see it my way and hung up the phone.
> ...


Avalancher?? Is that you? LOL

By far my favorite story of the year! Bravo!


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## slowp (Sep 15, 2014)

Let me see, a tree falls over on Lone Wolf's property. A deer meanders over and is munching on the lichens that normally can't be reached. The owner of the property of where the tree was rooted shoots the deer. He goes over to retrieve the deer. Lone Wolf shoots the neighbor. Can the coroner drag both the neighbor and the deer off the property? Or must the coroner wait until the tree is cut up?


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## Whitespider (Sep 15, 2014)

The coroner has no claim to the deer... but... he may need to gut the neighbor... and the sheriff may need to impound the deer as evidence in a homicide investigation.
The neighbor's wife may claim the tree... and sue lone wolf for wrongful death... which will give her the money to pay someone to cut up the tree.
After all the legal stuff is over the state will claim the deer... because it was shot out'a season.
Any more questions??
*


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## merc_man (Sep 16, 2014)

Burn it and enjoy it. Mabe send him a thank you letter. Thatll get him fired up lol.


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## lone wolf (Sep 16, 2014)

Whitespider said:


> The coroner has no claim to the deer... but... he may need to gut the neighbor... and the sheriff may need to impound the deer as evidence in a homicide investigation.
> The neighbor's wife may claim the tree... and sue lone wolf for wrongful death... which will give her the money to pay someone to cut up the tree.
> After all the legal stuff is over the state will claim the deer... because it was shot out'a season.
> Any more questions??
> *


Yes, are you drunk? Or just always this way?


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## Whitespider (Sep 16, 2014)

lone wolf said:


> _*Yes, are you drunk? Or just always this way?*_



Is that a rhetorical question?? 
*


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