property line question

[ArborView]

I just found out today that the tree I removed last week from somebody's house was actually on state property and fell over the property line onto the house. The homeowner's have been out of state and I didn't talk to them until today. I've never run into this situation before, but from what I remember, the state should be responsible for any damage to the house and also for the cost of having the tree removed from the roof of the house, since the tree was on state property(a school) ?? This would make sense to me, but I'm not sure about the legality of it. There were lucky and there was no real damage to the house. I think all they need to do is replace a few shingles along the ridge. Their insurance company is also coming to look at it. The homeowners also said they've contacted the state about the condition of the trees, but they never did anything about it. In my opinion, some more trees should be removed including one very dead white pine.

 

[Treeman14]

The laws may vary from state to state, but here in Florida it works like this: If something falls on your property, it is your responsibility, no matter where it came from. One notable exception would be a known hazard, such as a dead or leaning tree, which was ignored by the owner. That would be considered negligence. Your insurance would pay for damages and then go after the owner for payment. Of course, I suppose it really comes down to who has the best lawyer$$$.

 

[Kneejerk Bombas]

If you are concerned about a tree on an adjacent lot, you should make them aware of it, then it becomes their liability if it falls. You can't tresspass onto their land and do unauthorized tree work, so it must be up to them to take care of the problem, and usually in a reasonable amout of time.
Of course, this is just general advise, not specific legal advise, because there are too many other factors involved to make blanket statements.

 

[ArborView]

I'm pretty sure the owners said that they had told the school about the trees before but I don't know how long ago this was. This is a very rural area and everybody is very friendly so I don't want to cause a big stink about it. I was just curious that's all. Besides, there was minimal damage and the cost of having the tree removed would probably get you no further than your lawyer's waiting room.

 

[treeman82]

Arb- Did you take a few pictures of the whole situation before you started cutting? That would usually help with insurance, and any law suits.

 

[ArborView]

Yeah, I did take a few pictures before I did anything. For one thing, the homeowner's hadn't even seen it and I also wanted some in case there was any problems down the road.

 

[John Paul Sanborn]

That is the best that can be done, document well and file a complaint.

If the client hasa copy of the comunications with the state then give it to the insurance company with your pictures and see if they want to try to collect from the state.

 

[PETER GIBBS]

i am saveing up for a small vidio camera if you made a short film edited say about 2 mins viewed from all angles and showing all damage in close detail