Tree question - property line
- Thread starter stockrex
- Start date
- Status
Originally Posted By: Johnny2Bad
His.
Yes.
+1
His.
Yes.
+1
It is true, the the guy's insurance co. will pay for roof damages, etc if that tree, (your tree), harms his house.
The guy's insurance co. can simply sue you for their cost to repair the insured property that was caused by your tree.
The guy's insurance co. can simply sue you for their cost to repair the insured property that was caused by your tree.
Asking the other guy how he feels about it seems to be the logical first step. Having said that, I wouldn't want a 60 foot tree anywhere near my house, I'd have the whole thing removed ASAP.
Sounds like you wont have an issue then.
Rather than you hiring the tree removal guy, have him do it, but be present for when the tree removal company comes out for the quote since it technically needs your approval too. Then you can split the bill with him if you want to. It'd neighborly for sure.
Not sure on your housing position, but it'd be cheaper if you guys could dispose of the limbs. Do you have any areas you can dump it and/ or would he be interested in helping you out? I see you have a truck so that shouldnt be an issue.
I would make a day cookout of it or something, but thats just the kind of guy I am.
Rather than you hiring the tree removal guy, have him do it, but be present for when the tree removal company comes out for the quote since it technically needs your approval too. Then you can split the bill with him if you want to. It'd neighborly for sure.
Not sure on your housing position, but it'd be cheaper if you guys could dispose of the limbs. Do you have any areas you can dump it and/ or would he be interested in helping you out? I see you have a truck so that shouldnt be an issue.
I would make a day cookout of it or something, but thats just the kind of guy I am.
Originally Posted By: Pop_Rivit
Originally Posted By: exranger06
I would leave the tree alone. If your neighbor doesn't like the branches over his house, HE can cut them. Even though the tree is yours, if the branches are over his property, he can cut them all he wants and you can't really do anything about it. If it damages his house, it's his insurance and his problem.
So if it doesn't bother your neighbor, don't let it bother you and just leave it alone. If it does bother your neghbor, let him deal with it and let him cut the branches if he wants.
That's incredibly bad advice. You could be liable for damages that the falling branches may cause.
The court usually applies a reasonable care standard. If you took reasonable care to maintain the tree branch, and the branch did not appear to be threatening to fall, then it would be considered an Act of God and you won't be liable.
If, after applying the reasonable care standard the court were to find that you should have known that the tree branch posed a danger of falling, then you could be found liable for damages. If the neighbor has already mentioned concerns about it, especially if it's in writing or in front of a third party witness, then it's quite likely that you'll be held responsible should the branch fall and cause damages.
Landowners are responsible for maintaining trees on their property. Legally they must make required inspections and take care to insure that the tree is safe. If an inspection shows that the tree is unsafe, a landowner is responsible for its removal.
I can't believe that I concur with pop, but he's right.
first -- go to the horse's mouth first.call the city and your insurance co.,and find out the rules.
second -- talk to the neighbor. the potential is there to make an enemy of a new neighbor, should something happen.you have to live next door to them, so you might as well try to get along.
I dealt with a similar issue last summer.the city subs out tree pruning jobs, and a crew was in the 'hood.the neighbor's large maple had a few branches that leaned over my driveway, and over a small corner of the house. I made a deal with a guy to prune the branches from the cherry picker.legally, my right to do so.
I know the neighbor well, and knew that he wouldn't care. I saw him a week later, and he didn't know that it was done.he offered to pay, but I declined, as it was a small amount of money.no big deal.
to those that state that it's the neighbor's problem -- opinions vary.if I had a neighbor with that attitude, I would immediately put up a 6' privacy fence, just on my side of the property line.that way, there would be zero communication, unless there was a reason.i'm just reacting to his attitude. we've heard the line - good fences make good neighbors.
have a good day, all.
Originally Posted By: exranger06
I would leave the tree alone. If your neighbor doesn't like the branches over his house, HE can cut them. Even though the tree is yours, if the branches are over his property, he can cut them all he wants and you can't really do anything about it. If it damages his house, it's his insurance and his problem.
So if it doesn't bother your neighbor, don't let it bother you and just leave it alone. If it does bother your neghbor, let him deal with it and let him cut the branches if he wants.
That's incredibly bad advice. You could be liable for damages that the falling branches may cause.
The court usually applies a reasonable care standard. If you took reasonable care to maintain the tree branch, and the branch did not appear to be threatening to fall, then it would be considered an Act of God and you won't be liable.
If, after applying the reasonable care standard the court were to find that you should have known that the tree branch posed a danger of falling, then you could be found liable for damages. If the neighbor has already mentioned concerns about it, especially if it's in writing or in front of a third party witness, then it's quite likely that you'll be held responsible should the branch fall and cause damages.
Landowners are responsible for maintaining trees on their property. Legally they must make required inspections and take care to insure that the tree is safe. If an inspection shows that the tree is unsafe, a landowner is responsible for its removal.
I can't believe that I concur with pop, but he's right.
first -- go to the horse's mouth first.call the city and your insurance co.,and find out the rules.
second -- talk to the neighbor. the potential is there to make an enemy of a new neighbor, should something happen.you have to live next door to them, so you might as well try to get along.
I dealt with a similar issue last summer.the city subs out tree pruning jobs, and a crew was in the 'hood.the neighbor's large maple had a few branches that leaned over my driveway, and over a small corner of the house. I made a deal with a guy to prune the branches from the cherry picker.legally, my right to do so.
I know the neighbor well, and knew that he wouldn't care. I saw him a week later, and he didn't know that it was done.he offered to pay, but I declined, as it was a small amount of money.no big deal.
to those that state that it's the neighbor's problem -- opinions vary.if I had a neighbor with that attitude, I would immediately put up a 6' privacy fence, just on my side of the property line.that way, there would be zero communication, unless there was a reason.i'm just reacting to his attitude. we've heard the line - good fences make good neighbors.
have a good day, all.
Originally Posted By: Pop_Rivit
That's incredibly bad advice. You could be liable for damages that the falling branches may cause.
The court usually applies a reasonable care standard. If you took reasonable care to maintain the tree branch, and the branch did not appear to be threatening to fall, then it would be considered an Act of God and you won't be liable.
Well everyone is free to check with a lawyer. But I have the same issue in reverse. Years ago when I had Allstate they told me My insurance would cover the damage my neighbors tree caused to my house. Now I have State Farm and they verified that.
What I have done is hire a tree trimmer to cut down a tree and have had large limbs removed with my neighvors permission. The tree trimmer is insured so if any damage to either of our houses wouldj occur during the removal his insurance would take affect.
So the advice was spot on.
That's incredibly bad advice. You could be liable for damages that the falling branches may cause.
The court usually applies a reasonable care standard. If you took reasonable care to maintain the tree branch, and the branch did not appear to be threatening to fall, then it would be considered an Act of God and you won't be liable.
Well everyone is free to check with a lawyer. But I have the same issue in reverse. Years ago when I had Allstate they told me My insurance would cover the damage my neighbors tree caused to my house. Now I have State Farm and they verified that.
What I have done is hire a tree trimmer to cut down a tree and have had large limbs removed with my neighvors permission. The tree trimmer is insured so if any damage to either of our houses wouldj occur during the removal his insurance would take affect.
So the advice was spot on.
Last edited:
Originally Posted By: Al
Well everyone is free to check with a lawyer. But I have the same issue in reverse. Years ago when I had Allstate they told me My insurance would cover the damage my neighbors tree caused to my house. Now I have State Farm and they verified that.
What I have done is hire a tree trimmer to cut down a tree and have had large limbs removed with my neighvors permission. The tree trimmer is insured so if any damage to either of our houses wouldj occur during the removal his insurance would take affect.
So the advice was spot on.
I have the same situation here, my insurance agent and attorney told me the same thing.
Well everyone is free to check with a lawyer. But I have the same issue in reverse. Years ago when I had Allstate they told me My insurance would cover the damage my neighbors tree caused to my house. Now I have State Farm and they verified that.
What I have done is hire a tree trimmer to cut down a tree and have had large limbs removed with my neighvors permission. The tree trimmer is insured so if any damage to either of our houses wouldj occur during the removal his insurance would take affect.
So the advice was spot on.
I have the same situation here, my insurance agent and attorney told me the same thing.
I recon it will cost me at most $1000 to take the offending flipping branches down, as a cherry picker needs to used to but the branches down
hpg, here is my rant: why someone would plant a tree that BIG so close to the structure defies common sense.
my insurance deductible is $1500.
I will talk to my neighbor and see which route he wants to go.
Don't like dealing with insurance coms
dlund, yes sir, but I think I will save the limbs to burn later in my handy dandy wood burning fireplaces.
Need to build a firewood storage stand out of galvanized pipes.
lol, someone finally agreed with pop ;-)
derm, al, yeti, good to know what insurance would do in cases like this.
hpg, here is my rant: why someone would plant a tree that BIG so close to the structure defies common sense.
my insurance deductible is $1500.
I will talk to my neighbor and see which route he wants to go.
Don't like dealing with insurance coms
dlund, yes sir, but I think I will save the limbs to burn later in my handy dandy wood burning fireplaces.
Need to build a firewood storage stand out of galvanized pipes.
lol, someone finally agreed with pop ;-)
derm, al, yeti, good to know what insurance would do in cases like this.
- Status
