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Who owns the tree?

Started by Whistler, January 17, 2002, 08:44:29 PM

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Whistler

If a tree that is on your property falls down and lands on the neighbors property, who's tree is it?  If the owner is where the stump/roots are, can he cut/remove the tree without the adjacent landowners permission or must he first obtain permission to avoid trespassing (as a common courtesy) ? If a neighbors tree falls on your property, must you ask the neighbor for permission to cut it up ?????????

woodmills1

i don't know about whole trees that fall, but do know that if your neighbors tree offends you over your property line you may smote  :D  no no you may trim it. you should ask first but with no reply you can cut it and bill you neighbor, if you ask and get denied.  Imho if your tree falls on thier property it is yours to be liable for.
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DanG

According to the insurance laws(here in Fla, at least) any damage caused by the fall of a healthy tree, as in a windstorm, etc, is the responsibility of the land owner upon whose land the aforementioned tree should alight. If the tree is diseased, or dead, then the responsibility belongs to the owner of the roots.
Seems reasonable that the neighbors should shake hands, fire up their Poo-lans, and have a firewood party.
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Ron Scott

Generally a landowner is entitled to trim both limbs and roots which intrude onto the landowner's property up to the property line.

The law is usually very clear as to what rights an adjoining landowner has when a neighbor's tree limbs or roots hang over or encroach upon the landowner's property. The adjoining property owner has an absolute right to cut those parts of the tree which encroach upon the landowner's property. It is recognized that a landowner owns the ground below and the air above such property, the landowner has a right to protect it.

Also, a landowner can't be negligent in allowing a tree on their property to become a nusiance to a neighboring landowner. The neighbor then has the right to protect their property from the nusiance. The protection must be what a reasonable and prudent person would do however. This is often where the lawsuit gets started.

So why did the tree fall on the neighbors property? Was this an act of God? If so, this adds another element to the situation.

"Tree Law" is a specialized area and laws are different in different States. You should check your state laws regarding such tree situations. You may want to obtain or check the library for the book, "Arboriculture & The Law" by Victor D. Merullo and Michael J. Valentine, two attornys knowledgeable in tree law.  
~Ron

PewaukeeTree

In my opinion, the owner is where the stump and roots are, you can cut the tree without the adjacent landowners permission. Simple as that!  8)

Brad_bb

Never cut the roots of a tree on the property line!  Say there is a tall tree right on the property line, maybe it's even slightly more on your side.  Now the neighbor comes in and cuts all the roots on his side.  He's now created a hazard by removing support on one side of the tree and the tree can now fall on your house.  Might not take much wind either.  If it falls and crushes your house, it's likely, more than likely that the judge will find against the neighbor for creating the hazard.  If the tree hasn't fallen yet, it's now a significantly dangerous hazard.  A tree service may not even want to touch the job.  He'd risking his life by climbing such a tree to remove it. 

Here in IL you can trim the branches on your side of the property line as long as you don't create a hazard.  You can remove trees on the property line for half the distance of the property line on one side from the front, and the back half on the other I believe, but don't quote me. The law dictates specifically which side you can do this.  

Of course, It's always better to be friends with the neighbor and work together.  But sometimes you get one of "those" neighbors and in that case follow the law, and be as respectful as you can without igniting a situation whenever possible.
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WV Sawmiller

   No legal background - just my opinion. Safest thing to do is call your neighbor - tell him a tree from your property fell and unless he objects you are going to go clean it up. If you don't get his approval I suspect you could be liable for any damage he later wants to claim you did in the removal process such as rutting up his yard or such. I'd offer to share the wood or lumber with him if he wants some. If you have to pay for cutting or sawing I'd ask and expect him to share that expense. If he objects and wants the tree I'd cut it off at the property line and remove anything from that point back to the stump and let him have the rest. I can't think of a tree out there worth the ill will of a neighbor or going to court. JMHO
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Sixacresand

A storm blew down a healthy oak at our other place and it fell onto the neighbor's yard.  Our insurance said the neighbor needed to file the claim to get it cleaned up.  And they did.  
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TIDE-HSV

Quote from: Sixacresand on May 31, 2018, 10:00:07 AM
A storm blew down a healthy oak at our other place and it fell onto the neighbor's yard.  Our insurance said the neighbor needed to file the claim to get it cleaned up.  And they did.  
This is correct. In just about all states, a falling tree is regarded by the courts as "an act of God." There are exceptions, when a tree is an obvious neglected hazard - overhanging, damaged, etc. I ran into this with a neighbor. Back about 20 years ago, we had a humongous ice storm and, on our three acres, we lost about fifty trees. I ended up doing most of it myself, but, initially - tree through the roof, etc. - I decided I needed help. Since I had to bring in some help, I had my cutter take off some trees which had fallen on his fence and in his yard. I paid the cutter. I told the neighbor he would have to file and reimburse me. He said "fine," before the trees were removed. I called him later and he said he'd decided not to, so I absorbed it. A few years ago, another tree fell on the fence and I ignored it. His wife called and talked to my wife. She knew the law on it. (I am an attorney.) My wife told her to call their insurance company this time...
"I would rather live my life as if there is a god and die to find out there isn't, than live my life as if there isn't and die to find out there is." Albert Camus

pineywoods

Similar case involving a tree on my property, blew down on neighbor's pasture fence. The exchange over who was responsible for fixing the fence went like this::: Him-it's your tree. Me- It's your fence that was nailed to my tree.. Exchange was in good natured jest, we sawed the tree into lumber and divided the boards...
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TIDE-HSV

Quote from: pineywoods on June 04, 2018, 08:38:59 PM
Similar case involving a tree on my property, blew down on neighbor's pasture fence. The exchange over who was responsible for fixing the fence went like this::: Him-it's your tree. Me- It's your fence that was nailed to my tree.. Exchange was in good natured jest, we sawed the tree into lumber and divided the boards...
Glad you could settle it that way. My neighbor is an EDITED BY ADMIN, whom I knew to be so before, to my horror, he moved next to my property. Any kind of amicable settlement on the second tree was impossible after he screwed me on the first trees...
"I would rather live my life as if there is a god and die to find out there isn't, than live my life as if there isn't and die to find out there is." Albert Camus

Southside

Just asking, but from the description you gave about how things went down with the neighbor couldn't you hiring the tree guy to remove the trees be seen as a gift?  Telling him he "has to file" and "has to pay" sounds a bit like arm twisting to me.  What if he does not have insurance?  What if he does not want to make a claim due to all the future joy that brings? 

I know that when I am told I "have" to do something, by someone I don't have a rapport with or is not in a legal position of authority,  it does have a tendency to develop a bit of push back from me.  
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TIDE-HSV

Quote from: Southside logger on June 05, 2018, 04:59:16 PM
Just asking, but from the description you gave about how things went down with the neighbor couldn't you hiring the tree guy to remove the trees be seen as a gift?  Telling him he "has to file" and "has to pay" sounds a bit like arm twisting to me.  What if he does not have insurance?  What if he does not want to make a claim due to all the future joy that brings?

I know that when I am told I "have" to do something, by someone I don't have a rapport with or is not in a legal position of authority,  it does have a tendency to develop a bit of push back from me.  
That's the problem with reading un-nuanced text on a BB. I didn't mean, nor did I say, that he was forced to file. I just indicated that my insurance company could not cover it so, if we got any reimbursement, it would of necessity be he who would have to file. Remember, I didn't have to pay nearly $600 out of pocket (about $900 in today's dollars), but I had, to accommodate him and his fence. But you're right, I didn't have any authority to command him. I just asked and he decided to be an EDITED BY ADMIN. With the next tree, he - and his fence - were on their own. He knew better than to call me, so he sent his wife to call my wife. You wouldn't do that, would you?  :)
"I would rather live my life as if there is a god and die to find out there isn't, than live my life as if there isn't and die to find out there is." Albert Camus

Southside

Quote from: TIDE-HSV on June 03, 2018, 12:39:05 AMI told the neighbor he would have to file and reimburse me


You are right about reading and not being able to understand the context of a conversation, but this is what I read.  

As far as having my wife call - no, I would have just cleaned up both trees myself.  
Franklin buncher and skidder
JD Processor
Woodmizer LT Super 70 and LT35 sawmill, KD250 kiln, BMS 250 sharpener and setter
Riehl Edger
Woodmaster 725 and 4000 planner and moulder
Enough cows to ensure there is no spare time.
White Oak Meadows

TIDE-HSV

This guy has a long history, which I can't get into...
"I would rather live my life as if there is a god and die to find out there isn't, than live my life as if there isn't and die to find out there is." Albert Camus

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