Legal question on trees on property line that could cause damage...

[4570Man]

Since he built the garage, knowing the trees were there, then it's on him.

I disagree with that. They’re subdivision lots it’s not like just moving the garage 80 foot off the bordering property was a valid option. Assuming he meets any setback requirements in place why is he not entitled to build his garage on his property using his money anywhere that he wants? There’s not many people here that would really honor what they’re preaching by giving up their own property especially a big portion of it just because the neighbors trees are a hazard.

 

[4570Man]

If it's on the property line. Then those trees belong to both of you.

If the stump was splitting the border that might be true but they were on my side.

 

[Gem99ultra]

That's a tough one. The way it was always explained to me, if a tree falls from your property onto a neighbor's property, it's considered and act of nature and you are not responsible, providing you were not aware that the tree was damaged, leaning, etc. If you knew that, and did nothing about it within a reasonable amount of time, then it's your responsibility.

So now you know that those trees have a propensity to fall over, it could be said you had ample time to do something about it.

My guess is any further damage that might be caused by those specific species of trees will be on you.

But that's just a guess.

As far as giving your neighbor authority to cut any trees on your property that he feels are a danger to his property, I can understand that thought, but I don't think it would insulate you from any responsibility.

Anyhow, consulting your attorney and/or insurance might be prudent.

I found this to be exactly right due to experience after Hurricane Ike. If the tree is on your property the neighbor has the right to trim any limbs that intrude on their property - no more than that. If you were aware that your trees might fall and cause damage to their property, it's your tab.

Even so, I would think that a good neighbor would share some of the responsibility, but advice from your insurance carrier and/or your lawyer would be the deciding factor.

 

[4570Man]

If I was your neighbor and building a garage right next to YOUR trees on YOUR property, I'd talk to you first about my plans.

So, if you have a buttload of trees with nothing next to those trees on someone elsess property, and down the road over time, a neighbor builds something right next to those trees, those trees now become your responsibility if they fall?

That's kind of like the pig farmer having his farm, and everyone moving next door years after the fact and then complaining about the pig farm smell.

We aren’t “neighbors” or friends. It’s not that we didn’t get along either I’d never met the guy prior to this encounter. He had to use public records to even find me. I own a vacant lot that backs up on the next street over to his property. When the first tree fell that luckily missed his garage it’s likely the court would rule an act of God and he would be responsible for damage. When he approached me about several other trees that were just as sketchy I’d have been responsible for any future damage from those trees. He paid a tree guy to cut up the one that did fall. He didn’t ask me for compensation for that and I didn’t offer. Had he of asked me before hand I’d have probably handled the cleanup.

 

[JJT]

With over a mile of property line I have a few property line blow downs every year. I have an agreement with my neighbor, (a very good neighbor), that any tree that blows down onto his property is his. The wind blows toward his property 95% of the time, so that's where the blowdowns go. He's happy for the firewood and I'm happy to avoid the serious cutting and cleanup. The key here is "good" neighbor.

I know that any of my property line trees that blow down are my responsibility here in NY. I'm just fortunate to have a good neighbor. When he starts to clean up the hedgerow blow downs I head over with a chainsaw and chipper, he takes the firewood and does most of the heavy lifting, I do minor cleanup. Good neighbors are priceless.

 

[Dftodd]

I disagree with that. They’re subdivision lots it’s not like just moving the garage 80 foot off the bordering property was a valid option. Assuming he meets any setback requirements in place why is he not entitled to build his garage on his property using his money anywhere that he wants? There’s not many people here that would really honor what they’re preaching by giving up their own property especially a big portion of it just because the neighbors trees are a hazard.

We weren't discussing the garage. We are discussing trees on the property line

If my neighbor built something on his property, then starts complaining because there are trees near the property line, I would tell him to stuff it. Unless the tree was dead or dieing. Then I would remove it.

 

[MossRoad]

I would tell him to stuff it.

Sorry in advance... reminded me of this...

 

[dodge man]

So you have some tall trees along your property line, say 100 feet tall. Your neighbor is not suppose to build anything within 100 feet? I don’t think that is reasonable and I bet the laws agree with me.

 

[Fuddyduddy1952]

People around here planted Leland Cyprus and they all blew down when a wind storm came through. They must not have much of a root system.

 

[riptides]

People around here planted Leland Cyprus and they all blew down when a wind storm came through. They must not have much of a root system. View attachment 787117

A little water and he is all clean!