Tree fell onto Property: What are the Rules?

[sritzau]

Yesterday I noticed a tree had fallen on our property. I was thinking I would go and cut it up and then I noticed that the stump is actually on the other side of a stone wall and, while the ovewrwhelming majority of the tree is on our property now, it didn't start out that way. The lot that the tree started on does not have a house on it (it has no road frontage) so we do not know who owns it. Is there a standard ruling on this, or do I have to go to town hall, get the guy's name, look him up. and ask for some kind of permission?

Thanks, Steve

 

[MasterBlaster]

Not sure about the regs where you live.

I would cut it back to where its off your property.

If its not an eyesore, I would also chunk the debris over the fence.

Hey! It ain't your tree!

 

[Kneejerk Bombas]

I'd say you're ok to do what you want on your side. Throwing the stuff back over to his side might constitute trespass.

It's best to talk to the guy no matter the legalities, to prevent possible hard feelings.

 

[Kneejerk Bombas]

Yeah, that's a good idea, throw all the waste back over the fence.
He'll never know who did it. Plus, that way it'll sit there and look like crap for who knows how long.

 

[ricksvar]

In general a tree that falls over onto your property is your responsibility to clean up,it's now your tree.

I would'nt do anything behind a man's back I would'nt do face to face with him.Don't throw it back over the fence(without permission of property owner,that's a act of man and not nature).Another tree could fall in the future from your property onto his.How would you want him to handle that problem?I'am not saying you would do this but consider what the results of your action could be if you did.

If you have a use for the wood sometimes a act of nature can be to our advantage.

Rick

 

[tony marks]

be careful at city hall.. they could be an treelover up there ,,that ll send the sheriff out to arrest u for letting that tree fall down like that. .ive heard of more rediculouse things..

 

[buckwheat]

OK. Let's assume the worst, and the best. The worst is that there is a remote chance you could be accused of cutting down your neighbor's tree - so take a picture of the broken trunk and another showing the downed tree on your property.
The best is that you get to put your saw to wood and help out your neighbor. Clean up the whole thing, give the wood to a friend if you don't want it yourself, and if your neighbor ever asks, just tell him he doesn't owe you a dime because that's what neighbors are for.

 

[MasterBlaster]

If it ain't an eyesore, chunk it on his property.

YOU didn't ask for HIS tree. Let him keep it!

 

[sritzau]

It has been great to hear all the opinions here. I don't think I'm going to track the guy down through town hall. That invites complications

That said, I think I'll cut up the whole tree and take whatever is on my side of the wall. I'll buck and stack what's on his side in the interest of being "neighborly" and to make up for the fact that I'll end up with a nice load of free wood. If the brush fell on my side, I'll deal with it on my side (I can burn, so it is not a big deal). And I think I'll take a picture of everything beforehand just in case. If the situation were reversed, that is what I would want the guy to do.

Thanks,

Steve

 

[Lewis Brander]

Trees falling onto your properrty.

Here where I live, the general rule of thumb, is if branches are overhanging your property from property next door, you have the right to remove them, if they're causing a problem. You can only cut them back to the property line. The neighbor next door is a person who loves trees, but I have a good repore with them. During the ice storm of Jan, 1998, a couple of large branches, from a large maple, became over weighted with ice, broke at the trunk and slowly fell, onto the roof of my garage. I climbed up and removed them from the roof. Lucky, there was no damage to the garage roof, didn't even damage the metal ridge or peak cap. There were a couple of other large branches hanging,higher up, over my property, from the same tree. I talked to the neighbors and explained that if they were to come down, that possebly their home owner's insurance, might have to pay for damage to my property. Mine would pay me first, but could go after their insurance company, also. The neighbors, contacted their insurance company. a representative was sent out and they gave the OK to completely remove the tree. I was just hoping to have the problem branches, remved. Since then, I've removed other limbs that have been hanging over my property with no problem. I don't just cut them off at the property line, but cut them off at the trunk. Cut them up and drag them to the curb, call the city DOT and they eventually haul them away. I would say if you have problems with a neighbors tree, you would have the right to take care of what's on your property, but if you don't know who the neighbor is and wanted to take care of the whole tree, I woild. I don't see what the problem would be, as long as you didn't ruin the value of his property. I wouldn't go as far as to have the stump removed, but would do the rest. As far as getting rid of the wood, I have neighbors that burn wood and have cut up the problem trees and got rid of most of the tree, that way. I end up usually, just draging the buanches to the curb. Well, that's my 2 cents worth. Lewis. And, yes, I would take the pictures you mentioned.

 

[Tom Dunlap]

Interesting to see how easy it is to declare a mini-war on an unknown neighbor.

What kind of upbringing did you guys have? Get what you want now, be dam**d about the consequences.

How would you deal with this:

After doing a huge removal, your 088 or 3120 gets left on the tailgate of the truck. It bounces off and falls into the neighbor's yard. The neighbor claims/blames "God" did an "act" and "gave" him the saw that was "found" in his yard. You just lost a saw if you hold to chucking the branches back over the property line.

Take pictures, print is better than digital, even get one of the throw away cameras. Cleanup like you plan and expect to have a good relationship with the new neighbor.

Be VERY careful about cutting live trees back to the property line even if they do encroach. More lawyers have made more money from boundary trees or encroachments than any other tree related issue. Are you really interested in grabbing a rattlesnake?

Tom

 

[Dennis Cahoon]

sritzau, squirrel is right, its and Act of God. Unless you have put the owners on notice, that the tree is dangerous, you can not collect a thing for damages from your neighbor. Your home owners insurance will cover your damages. You can clean it up and ask for wages for this only. If the land owner has insurance you might get paid, if not good luck! I have been through this twice. Lost a pick-up the first time, got $100 to clean up the mess the 2nd. If anybody has trees on there property line, put your neighbor on notice that they are dangerous, then you've covered your ass. Dennis

 

[sritzau]

Dennis, There were no damages here. We're on a large enough piece of property that I don't even know when the tree went down - could have been weeks ago as we don't get back to that part that often. Still, you're point is well taken. If someone else's tree is leaning in over your structure it does seem like a good idea to talk about it with the neighbor BEFORE it falls. Steve.

 

[Dennis Cahoon]

Squirrel, I'm not saying cut the trees. But you cover yourself by giving your neighbor notice of possible danger. Then if something happens, your neighbor and his insurance co. is responsible, instead of your home owners insurance paying for his trees wrecking your property. If I would have given notice to Pacific Gas & Electric Co. about a tree that fell on my truck, they would have payed for it. I didn't, and then went to court an lost just for that reason. So now I have my neighbor on written notice and he understands.

 

[treesurgeon]

junk boxwoods

now that i think about it, my neighbor has a row of boxwoods along the property line that are falling all over each other with broken branches everywhere. Yea, about 10 feet from my pool and i just moved in so i dont know what might have been damaged in the past. One good branch and a total loss. i think i will be talking to him and his ins. co. soon. and might turn out to be a good neighborly job to do.

 

[geofore]

notice

It should be a written notice, you send a notice and keep a copy, a record it was done. Most times it gets taken care of by talking to the neighbor but you do run into the stubborn ones once in a great while.
The tree that fell, if you are at all worried that the neighbor will give you grief, take a picture and have the police come look at it. That way there is an official report somewhere if it is ever neeed. Cut up the part of the tree on your property and forget about it.

 

[ricksvar]

"Adverse possession" is what it's called.I would just cut up what's on my side of the line and forget about the rest.

Rick

 

[Kneejerk Bombas]

My neighbor's tarp belw into my yard. It's just the right size to cover my snowmobile. Can I keep it?

 

[ricksvar]

No,I would return it,but you can keep my leaves that blow into your yard.

Rick

 

[Tom Dunlap]

Mike,

You can use the tarp to cover up my 3120 that "God" picked off my truck and dropped into your yard.

Tom