Trees leaning across the property line?

[Steelin' Ducks]

So how does this work? Naturally, you would assume people would take responsibility and take care of what's theirs. But what is right and wrong in these situations. After the storm, your neighbor has trees that now lean well on your property. If they were to fall the rest of the way, they would make a mess of your house, garage, fence , other trees... whatever.

Once it crosses the property line, are you good to cut it at that point? I would assume without permission you cannot physically go onto their property to cut the entire thing down, just a portion that's on your property?

I feel like we talked about this a couple years ago. Asking for a friend of course.

[DG34YF]

My area, insurance company told me to send them & neighbor a registered letter & pictures outlining my concerns of possible property damage in the event of further failing.
My case neighbor's tree was dead, pieces or whole possible damage to my garage if further fail.
My Ins. Co. said that puts the burden on neighbor/their Ins Co.
In the event I didn't do the above, what ever happens on my side of the line/fence is on me.

I didn't want to be a dick so I got with my neighbor, we got a few prices & ended up cutting it down ourselves.
Waited for a cool day, dry ground & new saw chain.
1" braid line 20' up the tree to a snatch block.

[Carolina Counsel]

I believe there is a difference re. responsibility for dead/dying tree versus a storm fallen tree.

[Saltydog235]

My area, insurance company told me to send them & neighbor a registered letter & pictures outlining my concerns of possible property damage in the event of further failing.
My case neighbor's tree was dead, pieces or whole possible damage to my garage if further fail.
My Ins. Co. said that puts the burden on neighbor/their Ins Co.
In the event I didn't do the above, what ever happens on my side of the line/fence is on me.

I didn't want to be a dick so I got with my neighbor, we got a few prices & ended up cutting it down ourselves.
Waited for a cool day, dry ground & new saw chain.
1" braid line 20' up the tree to a snatch block.

Spot on and good way to handle it.

[bbhntr48]

If that tree falls on your house during a named storm, you will be responsible for all costs. I learned this first hand in 2016


Sent from my iPhone using Tapatalk

[Catdaddy]

I believe there is a difference re. responsibility for dead/dying tree versus a storm fallen tree.

Yes, it's an act of God or a liability claim.
Liability claims(going against your neighbors policy) are settled at Actual Cash Value,......meaning they will depreciate the cost of damage based on age.

In a lot of cases, it's best to go against your own policy(with replacement cost) and then let your company subrogate to get your deductible and their money back.

Sent from my motorola edge 2024 using Tapatalk

[tprice]

If that tree falls on your house during a named storm, you will be responsible for all costs. I learned this first hand in 2016


Sent from my iPhone using Tapatalk

Yep. In fact one had this happen this week during storm. Tree on one lot fell on house on next lot and I was contacted by both homeowners for some reason (I am HOA President and told them not a HOA issue ) .

Did tell the one that had tree on their house(yep she is a “KAREN”) the insurance companies will fight it out IF they can find neglect as explained to me by my homeowners company few years ago but my guess was during a named storm all bets were off.

“Karen” texted me and confirmed I was correct, I think she was raising hell with her neighbor to call HIS insurance company to FIX HER HOUSE.

Still not sure how in hell I got involved in it but did have a little smirk on my face when KAREN had to admit I was correct


But to answer original question it is my understanding that just like limbs hanging over the line you can cut them since that technically is on your property . But if it were me I would address it calmly with neighbors with your concerns but then again I have great neighbors around me so would not be an issue

[scatter shot]

A healthy tree that is blown over by a storm (but not onto the ground or damaging a neighbor's property) but is left leaning across the property line becomes a liability to the person that owned the tree before the storm. It's still their tree, the storm is over and it's an outstanding peril to the neighbor.

[tprice]

A healthy tree that is blown over by a storm (but not onto the ground or damaging a neighbor's property) but is left leaning across the property line becomes a liability to the person that owned the tree before the storm. It's still their tree, the storm is over and it's an outstanding peril to the neighbor.

Makes sense but to me it is still a matter of opinion if it is a “risk” to property or injury


Should be simple to solve with neighbors but then again I know some folks have neighbors from HELL.

In case in our neighborhood situation I think there was “friction” to start with , in case with my neighbor I offered to split costs (he had 2 dead/dying pine trees right behind my building

[b35w]

There is a difference in “downed” trees and “leaning” trees. If the tree is on the ground on your property or on your structure, it’s your responsibility. If the tree is leaning from someone else’s property and later falls, it is the responsibility of the other property owner IMO.

The only time this wouldn’t hold true is if your neighbor was negligent and knew the tree was dead or dying.

This is my opinion from experience


Sent from my iPhone using Tapatalk

[Duck Nitz]

There is a difference in “downed” trees and “leaning” trees. If the tree is on the ground on your property or on your structure, it’s your responsibility. If the tree is leaning from someone else’s property and later falls, it is the responsibility of the other property owner IMO.

The only time this wouldn’t hold true is if your neighbor was negligent and knew the tree was dead or dying.

This is my opinion from experience


Sent from my iPhone using Tapatalk

I'd love to see that play out in a cross-examination in court.."Did you or did you not know the tree was dying and would in fact fall on your neighbor's house?" Ha

[b35w]

I'd love to see that play out in a cross-examination in court.."Did you or did you not know the tree was dying and would in fact fall on your neighbor's house?" Ha

It would be simple if you had let said neighbor know and documented with pictures.


Sent from my iPhone using Tapatalk