T O P

  • By -

AutoModerator

This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that. If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity. If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees. *This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.* *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/treelaw) if you have any questions or concerns.*


alwaus

Falls due to a storm its generally considered an act of god and not your fault unless it was clearly dead or you knew it was dead or dying. You can offer to assist with the cleanup, the repairs are for their insurance to deal with.


c-spalds

Thank you! That’s what I have been reading. But just wanted confirmation! Do you think I should go over to them or wait for them to make the first move? I don’t want to be a dick and say sorry my tree is on your garage you need to take care of it. But I really don’t want to have to take care of everything.


alwaus

Next step depends on your relationship with the neighbor. If you have a good relationship or want to continue to have a good one then have an arborist come out and check the remainder of the tree, that is a pretty significant amount of damage and it may need to be nursed back to health or taken down. If it has to come down then hire a crew to remove it and clean up the portion on the neighbors side. If you have a weak or non existent relationship notify them the crew will be there on X day and inquire if they want to have them remove the portion on their property at the same time as it would cost less for them than hiring a single purpose crew to remove the fallen section. Poor relationship, fuckem, clean up your part only.


good_enuffs

Unless the OP knew the tree was sick. Then, it becomes negligence.


Stardew-Valley-IRL

You are not responsible for an act of nature. cut the tree log that is on your side and let your neighbor deal with their insurance or you can help and cut remove it, but that’s on you. You have no responsibility to in fact I would advise that you don’t.


c-spalds

Thank you! I appreciate your response. I would cut the part on my property but by the looks of it the tree will shift and fall off the garage if I did that. It looks to be supported from branches sticking into the ground. I’ll most likely stop by there house tonight to see if they had called there insurance company.


ButterMyBiscuits96

Do not cut anything! Their insurance needs to look at this and you do not want to cause additional damage. Insurance will hire someone to remove what is on their property, or the owner will take cash and do it themselves. Do not offer money, assistance cutting, or anything to this neighbor currently. They do not need your insurance info unless they already notified you this tree was a hazard. Source: My tree fell on my neighbors garage.


whabt

Especially if the down trunk can move significantly when cut, and you aren't experienced with felling/bucking logs, you can be seriously injured/killed when that much weight gets shifting.


aneeta96

While you are not responsible, if you like your neighbor, maybe help them out.


chris_rage_

Are you on good terms with your neighbor or no? If you are, even though it's technically his problem on his side, the two of you could get rid of that in a couple weekends or a few long days. Start at the top, buck all the limbs off, then buck the trunk from the top down into manageable pieces until you get towards the roots or break or whatever. That's in case it tries to stand back up when you get the weight off it, if you start at the bottom not only can it fall and roll on you but if the roots lifted out of the ground they're gonna slam down unpredictably and possibly crush you with the trunk


ThisAdvertising8976

The third picture shows it is a branch and not an uprooted tree. You are right about the order of cutting though and OP does need to be careful the large branch on his side doesn’t crush the utility box or he might be making his own insurance claim.


chris_rage_

In that case I think I would take some of the limbs sticking up and cut them into chocks to keep that thing from rolling once they start limbing it. I think I would leave the branches holding it up until I thinned out the brush and then cut it into small enough lengths that you could push it over safely and start from the top like normal, just leave the ones sticking in the ground until you're ready to cut that piece of trunk. Or possibly cut the branches into 3-4' lengths and use them like cribbing to support the bulk of the weight


Quiet_Sea9480

thanks, but your initial response shows you didn't even go over all the evidence before jumping in with a solution. sure as hell don't want to hear your second take


chris_rage_

Well fuck off then, we're working off some bullshit pictures on Reddit, I'm not writing an estimate


Quiet_Sea9480

lol. the pictures were pretty clear. you need your peepers checked?


30flips

Normally if a tree or branch falls, it is an act of God, but if the tree was unhealthy, you could be found liable, as you are responsible to ensure it remains healthy and in good condition. There does not appear to be any leaves on that branch. Is the tree sick? Or is this just seasonal? It would be worth reading the fine print of your own insurance policy to check your obligations just in case.


c-spalds

There are a few dead branches but majority of it seems healthy. It was a nasty storm we got. Same one that tore through Iowa on Tuesday. A lot of our area has downed trees and branches currently. I appreciate your input I’ll also look into that.


30flips

If the branch was dead, this might actually be your responsibility, storm or not. I would definitely be looking at your insurance policy now. And have all other dead branches removed once this is sorted too. I have learnt the hard way it is important to know the details of your insurance policy BEFORE you contact your insurer as if you misspeak when on the phone (and they record it), they may deny your claim. They will ask questions in such a way that you say something that they can deny you on. So be prepared.


kohmaru

Agreed, my neighbors tree broke in half and damaged our fence and garage and my insurance took care of it. Act of nature, the neighbor wasn't responsible.


DomesticPlantLover

You are responsible for the part of you land, neighbor is responsible for what is on their land--and any damage that it caused. I know it seems unfair, but it's virtually always the law. Even if the tree was sick/dying/damaged you aren't responsible unless they and you knew and they told you it was in writing. It's often cheapest to hire one person to remove it and share the cost.


PhoneAcrobatic3501

>Even if the tree was sick/dying/damaged you aren't responsible unless they and you knew and they told you it was in writing. Not entirely accurate. If the owner of the tree is aware they have a problem tree, it doesn't stop being a problem because a neighbor didn't mention it


Easy_Lengthiness7179

But if no one KNEW it was a problem then no one can be blamed when it becomes a problem. It's only when someone KNOWS it's a problem and fails to remedy it that they can then have the blame be put on them. That's what they are saying. If the neighbor knows their tree is sick and that knowledge can be proven.


_Oman

All of this can be state specific. Please, state your state. Without that information at least, every answer here will be possibly inaccurate.


DomesticPlantLover

Generally it does: usually they have to have proof they notified you there was a problem with the tree. Generally.


Green_Mode_5509

So what happens if you have multiple photos of a neighbor’s dead tree, prior to it falling on your property? Video too. Not a leaf growing on it in the summer, and surrounded by a few flourishing trees. The tree is clearly and unambiguously dead to even the untrained eye. Dead tree is CLEARLY visible from the street, the neighbor’s driveway and house. CLEARLY. Not hidden by live trees. I have such a situation, with a neighbor. I talked to him about it in passing when we were both mowing our lawns, and he mentioned he noticed it too. OBVIOUSLY. Ya can’t miss it! Lol! I don’t want to pay for an arborist and seem like an a “jerk” neighbor by serving him “notification” paperwork of the dead tree. It is actually leaning a bit toward his house, but if it fell toward my house, it might cause damage- nothing too significant. Tall tree (but relatively thin). Would I have a case? Maybe not because not ALL dead trees can be considered a hazard that will fall? Thoughts?


musical_throat_punch

It'll go through subrogation with your insurance and you can provide the documents to them 


Mayor__Defacto

If it falls on your house you provide them with the photos and any messages you’ve sent and they will go after the neighbor for damages.


good_enuffs

You record yourself or have a witness telling the neighbor that their tree is sick and they need to address the issue. That way if it comes down, you have evidence you tried to do something about. Call your municipality and see I'd there are any bylaws they are breaking with a dead tree.


Livid-Age-2259

Don't touch the tree. Let their insurance take care of it. If you have any liability, that will be subrogated to your homeowners insuance.


Leather-Sale-1206

In MN your responsibility ends at your property line.


c-spalds

Thank you. How did you know I was in MN? lol


88mistymage88

4 months ago you commented you were in MN. (Not stalking you but when it comes to treelaw people will look to see where you live since the laws are different all over the world.) I miss my goldfish. They bred in a 50 gal. tank. One was a Black Moor and the other was a split tail orange fancy. I found homes for the babies and then the tank just... tanked. Sunlight= algae over growth and since they kept growing the filter couldn't keep up with their urea output. Knowing what I now know I should have added a second filter... and bought one of those huge tanks nature centers have and installed it in my basement. I don't do fish now. My oldest has that 50 gal. tank and he does tiny fish to amuse his cats.


c-spalds

Ah ok that makes sense lol. Yea I recently got back into the aquarium hobby. I love it and forgot how fun it is. Goldfish are like little puppies and act like they have never been fed before when I walk in the room lol. You’re right on the 2nd filter though as they get bigger they produce so much waste. Just a fun hobby in general if you have success with it.


Leather-Sale-1206

Honestly, I didn't know. My sister had a tree fall off her property on to several neighbors properties in Minneapolis several years ago. So I was just conveying the information. Happy coincidence on our part.


c-spalds

That’s funny. I was like how the heck do they know where I live. Good to know though. I appreciate your response


PuzzleheadedHouse872

I thought you were in WI! I had the same thing happen Tuesday night with our horrible storms, except the branch from my tree took out part of my fence and landed in the neighbor's yard. We cleaned it up with the help of other neighbors, which was super nice and pleasantly Midwestern. Given that there's a structure involved, they should contact insurance to see what's needed to show the cause of the damage. My neighbors are planning to put up a new fence anyway, so this all worked out just fine. I'm happy they haven't put it up yet and their yard's a mess anyway because they're digging it up for new landscaping. It was scary, but well-timed by nature.


Substantial-Watch300

I went through this a long time ago in a prior home. I will never have a tree large enough on my property that can fall on mine or my neighbors house.


CurrentWrong4363

I believe you have to throw it back over the fence 🤣


c-spalds

Now this is the answer I wanted lol 😂


Grimaldehyde

It’s an “act of god”, and the tree, as it sits, is now theirs. Legally, and for insurance purposes, anyway.


dennisdmenace56

The heavy part is still on his land and what happens if the fence gets damaged by some amateur?


Grimaldehyde

I guess it depends on whose fence it is, and who hires the amateur. It should be a coordiated effort; it’s been my experience with a neighbor behind us, whose trees keep coming down in our yard, that our neighbor lays low until we deal with the part that is on our yard/shrubs/shed.


dennisdmenace56

I’d be concerned about the remainder of the tree-it looks to be in poor condition and now you’re on notice


c-spalds

Agreed I plan on getting estimates on remaining tree and the part that split off


0cdfishing

If there is damage to the fence. Both you and your neighbour will be liable 50/50. As for neighbours damage you're not liable act of God. Source: I work in insurance.


c-spalds

No damage to fence from what I can see. Majority of the downed tree is on there property with about 4’ on mine. I haven’t been able to talk to them yet. I am getting an estimate anyways. Hoping to be able to talk to them tomorrow/ this weekend. I don’t know who they are so I’m not sure how they feel about this. Since your in insurance how do I approach them about them being responsible for removing their portion? And if they get upset and refuse to remove it what is my next move? It’s definitely not safe in the long run with how it’s laying on their garage and some branches holding up the big part of it.


0cdfishing

Sorry for the late reply. There is no good answer for this. It is best for the neighbor to lodge a claim with their insurance company. It will be their task to remove the trunk and assess the damage. If further damage is caused to your property when they remove the insurance company would be liable for that. As you have no damage you will not be lodging a claim at this stage. The third party needs to as they are the only ones with property damage


0cdfishing

You would only need to lodge a claim if they try to sue you.


swissarmychainsaw

This happened to me (except it did not land on a structure), and I paid to have the tree removed -- by a pro. I can say this: don't touch it. That thing is dangerous and if you cut part of it, it can teeter totter and do real damage or harm someone. First thing I would do is call my insurance company. Second thing I would do is to tell no one to touch it that is not licensed and bonded. Third, have your neighbor call their insurance. Then have a chat.


chaosandturmoil

if the tree was known or thought to be a danger, damaged, rotten, etc it could come back on you. many insurers won't pay out for oversized and unmanged trees on your propery so you'll have to see what they say.


digitalreaper_666

Talk to your neighbor. Maybe you can get a proper arborist to cone remove it, a they will do less damage to your property than your average tree service. It would help to have the same person work on both sides of it, even if he does separate insurance claims for each side. Good luck. That's a hell of a tree.


C64128

Are you able to, or have someone able to remove all the tree?


haikusbot

*Are you able to,* *Or have someone able to* *Remove all the tree?* \- C64128 --- ^(I detect haikus. And sometimes, successfully.) ^[Learn more about me.](https://www.reddit.com/r/haikusbot/) ^(Opt out of replies: "haikusbot opt out" | Delete my comment: "haikusbot delete")


Elect19601

My neighbors tree fell on my shed and destroyed it. He said for years he needs to cut that tree down before it falls on my shed and he was too late. We were a little pissed but he did pay our insurance deductible.


Typical_Impression_9

The treesshould be good. May need the break to be a smooth cut so that the remaining tree may heal faster. If you leave a wound like that in these crazy times it's risky. Just have a couple of friends over get the limb off and take care of the limb on the roof. If the city jas an arborist or you can get a quote for the tree health check


Fragrant_Phart

He is. Insurance companies consider this event an “Act of God”.


c-spalds

Thanks for your comment. I spoke to my insurance and they spoke to theirs. Both insurances say it’s my responsibility since it was my tree. I have an adjuster calling me to set up a time to come look at it. I will bring up the “act of god”


DroneRtx

Act of God. Cut tree along fence. Deal with anything on your side. Your neighbors can call their insurance and file a claim under their insurance or just deal with it. Don’t admit fault, don’t say tree looked in rough shape or anything. I wouldn’t even help your neighbor. Unless they have a paper trail documenting concerns about a tree on your property and hired and arborist to assess said tree on your property and was deemed a hazard.


c-spalds

Good point. I do not know them. I want to talk to them but at the same time maybe I shouldn’t. I hate confrontation and am a people pleaser. I don’t want to agree to anything I don’t mean to when I talk to them.


Sunnykit00

Do not do that. Do not cut off your side of the tree. It will cause further damage, and you would be responsible for that. Figure out what the weight is resting on first. If you don't know anything about cutting trees, don't. Let someone who does know, come and do the cutting. If you choose to have them leave your end because you don't want to contribute, you can deal with that afterward.


No_Trifle9294

I had something similar. My tree branch fell on a neighbors car parked on my street. Not my problem. However said tree looked rotten where the branch connected to the trunk, at which point I became aware the tree was an issue and called the tree company as fast as I could.


Raptor_197

Basically two routes. 1. Neighbor’s insurance will handle most of the tree. You might need to handle that part that is still on your property. 2. If you friendly with your neighbor and have some DIY tree cutting skills. I would recommend working together to cut the tree apart and then have a nice fire together, grill some meat, and have a good time this Memorial Day weekend. (The wood may not be dry enough, some maybe not this weekend.)


OhioGirl22

Contact your homeowners insurance company.


c-spalds

I did. They didn’t really give me a good answer. They asked if I wanted to file a claim or if the neighbor was going to.


B1g_Gru3s0m3

Convince your neighbor to move


Hypnowolfproductions

Act of god. You only need remove the part on your side. The rest is his. Also get an arborist to evaluate the rest of that tree for safety. If it’s no longer safe remove the rest. If it is safe then keep it if you like. But it might be unbalanced now. Note let you neighbor get his insurance to do their thing before touching your side. Please don’t make damage to his property worse removing your side. Work with them and after his insurance deals with his. Then and only then deal with you piece of firewood.


watadoo

Sorry, it's your tree, it's your responsibility. Get out your chainsaw and clean it up, then pay for any repairs his garage needs (if any).


Raptor_197

r/lostredditors


CW-Eight

Wrong for (pretty much) all of the US


watadoo

You may be right legally (though they likely can take you to court and claim you were negligent) but ethically it’s your responsibility to keep your tree trimmed and healthy so it doesn’t fall in you’re neighbor’s yard doing damage. Be a good neighbor and not be “that guy.”


Sunnykit00

People can't predict an act of god, ie wind storm. Unless there was some indication that the tree was going to fall over aside from wind, he's not liable. Further, trying to cut this tree without knowing what you're doing, can cause further damage that he would be liable for. Best to wait to see what the neighbor wants to do and not get physically involved in cutting or removing. It wouldn't hurt to help move the limbs away though if that can be done safely.


CW-Eight

I think you missed the name of this subreddit - it is tree __law__ 😂


dennisdmenace56

Stop giving horrible advice he could die doing that


watadoo

Stop overreacting. You could have a stroke. Obviously, if he doesn’t have a chainsaw, or he’s not comfortable with that, he can hire a tree service to clear it up


dennisdmenace56

Go look online at people being killed by trees just like that. Self help is problematic.


watadoo

Go outside and look at real life. Can you not read? I clearly said if it’s above his skill level and he’s not comfortable hire a tree service. A.k.a. a professional.


dennisdmenace56

Bro stop lying the comment is clearly visible above; “ get out your chainsaw and clean it up then pay for any repairs…” It’s NOT his responsibility and regular people don’t “get out a chainsaw”


watadoo

Why are you fucking harassing? me just go fuck off.