sbgrace Posted June 10, 2011 Share Posted June 10, 2011 (edited) I'm not a part of this. I'm just hearing about it. I've got an opinion but I'm not sure what the legal perspective might be. The neighbor behind us has huge old trees--I think they are maple but I'm not certain. They've had problems with losing large limbs. Problem enough that they actually move their vehicles and a pop up camper in front of our home when there is a storm. The neighbor to their right has asked them to remove the tree near him many times. They didn't. They did have tree trimming done but only trimmed the trees closest to their own home. I'm not sure why--perhaps the tree trimmers only recommended certain limbs. We had a huge storm and a large portion/limb fell onto the neighbor's home doing significant damage to the roof. They actually lost a lot of limbs from all the large trees in that storm but then there was a lot of significant wind damage with that storm. I've only once in 12 years here seen wind like that (tornadoes a few miles from us in three different directions, straight line wind here). Tree owning neighbor told me those with damage are angry and feel their insurance/they should pay for this. Tree owning neighbor doesn't agree and didn't expect such a severe storm/the tree to damage their home. Is there a legal obligation here? Edited June 11, 2011 by sbgrace Quote Link to comment Share on other sites More sharing options...
Mrs Mungo Posted June 10, 2011 Share Posted June 10, 2011 Morally? If he had a professional company say that those trees did not need trimmed, then I would say no. You cannot predict every act of nature. Legally? It depends upon the state. Quote Link to comment Share on other sites More sharing options...
clarkacademy Posted June 10, 2011 Share Posted June 10, 2011 I have always been told what falls on your property is your problem. I don't think it's fair but it was what my parents were told when a tree from the edge of the other property toppled tearing out a bunch of fencing. I think the right thing to do is make sure your trees can't damage other peoples property and if they do help as much as possible. Quote Link to comment Share on other sites More sharing options...
FlyingMOm Posted June 10, 2011 Share Posted June 10, 2011 We've had some issues with dead trees & limbs coming down on the border of our property and our neighbor's property. My understanding is that IF the neighbor has made the tree-owners aware that they are concerned about possible damage and falling limbs and have asked for the trees to be cut down or trimmed and the tree-owners choose not to do so, they are liable for any damage. I would consult a lawyer. And I do think they should pay for their neighbor's roof. (fwiw, we went ahead and called a tree service to come and take care of the trees. It's the responsible and the neighborly thing to do!) Quote Link to comment Share on other sites More sharing options...
Dana Posted June 10, 2011 Share Posted June 10, 2011 In our area, I can cut any parts of trees that overhang our property line. Quote Link to comment Share on other sites More sharing options...
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