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

[Sigarms]

When my neighbor approached me with a concern for my trees falling on his garage and I looked at them and agreed he was right I cut them on my dime. Which is what I think you should do as well. Why should the neighbor pay half to fix your problem?

Rental trash trailer put up in spite due to two past landowners who couldn't get along.

As noted, the trees were there before the trailer was moved in 15' away.

If I owned property and someone had a garage nearby, I wouldn't be dumb enough to plant a tree by the neighbors garage where the tree over time could be a problem to begin with.

 

[4570Man]

Rental trash trailer put up in spite due to two past landowners who couldn't get along.

As noted, the trees were there before the trailer was moved in 15' away.

If I owned property and someone had a garage nearby, I wouldn't be dumb enough to plant a tree by the neighbors garage where the tree over time could be a problem to begin with.

I didn’t plant the trees. They’re mature oaks. And the neighbor just recently built the garage.

 

[Sigarms]

Maybe it’s not the smartest plan

Right there buddy

You don't put a trailer 15' away from 30-40' tall trees without expecting a issue over time.

 

[Sigarms]

I didn’t plant the trees. They’re mature oaks. And the neighbor just recently built the garage.

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.

 

[tomcatg]

Interesting thread. I have a not good neighbor and he has quite a few dead looking trees on his property that could fall and take out my fence. I have heard in Virginia that it's my problem and he isn't the type to do anything on my behalf anyway.

 

[kenmac]

Probably different laws in different states.
Here, the owner of the tree is responsible for neighbor's damage only if the tree is dead.

The persons with damaged property caused by the fallen dead tree, must have informed the owner of the dead tree in writing by certified mail of the trees condition, and request the owner have the dead tree removed before causing damage.

If it's a live tree that has just been blown over by the wind, The owner is not responsible for any damage. They state it's an act of God

 

[Alan W.]

Dont know if there was any zoning or setbacks in place when the trailer was placed.
We are very lax zoning wise but even ag use has a 25’ setback from property line.

 

[scootr]

If the trailer is not permitted or in zone (setback) violation it could be interesting.

 

[Sigarms]

If the trailer is not permitted or in zone (setback) violation it could be interesting.

Zoning really isn't big or enforced in our county.

The trees are getting older, but none are dying, Pretty much ever Leland tree that has fallen was blown over by high winds (with so many, almost guaranteed at least one falls when higher winds come around). For some reason, our particular area is in a area is susceptible to high winds.

In the past, when doing a google search on our road, the old pull along trailer was shown as being right next to the trees (it's really the only place to put something that has level ground). Now, the actual trailer shows up in the image, but talking with another neighbor, they remember when the pull along trailer was put there.

End of the day, I'd have no qualms having all the trees by the trailer removed, however, if I'm being proactive, my honest opinion is we shouldn't have to pay for them all removed.

Perhaps I'd feel differently if when we moved here, I planted the trees next to the trailer when there were none next to the trailer. However, and although I can't prove it, I have a feeling that in the past there was a peeing match between the old homeowner / landowner and an older farmer up the road (we've been told pretty much that as the previous owner and his father didn't get along with this other farmer) put the trailer there to tick off the previous owner of our home. Other farmer has since died and he gave his land to the new guy (who is doing a great job of farming it). However, the trailer as bad as it was in the past looks wise and inside wise, still generates a monthly income for him.

As mentioned, I will do what is legally required on our end.

 

[RjCorazza]

Uhmm. I always believed in my area that a falling tree was an act of god, and that each property owner is responsible for their respective damages regardless of the condition of the tree.

Apparently in Maryland, if the tree is dead, dying, or otherwise hazardous, the tree owner can be liable for damage to adjoining property under certain conditions.
If the tree owner receives notice of the hazardous tree, or if he / she "should have known" about it, they can be liable. The "should have" is apparently divided into rural or suburban areas, where rural property owners are generally not expected to know of hazardous trees on their properties.

I planted several long rows of Leland Cypress trees 25 years ago as natural barriers. Unfortunately, my research was off on the trees adult diameter and they are now encroaching on (2) neighboring properties. Not by much... Some lower branches extend over by 5' or so. I have a standing offer with the neighbors to trim these back to the property line on my dime. If I felt the trees were hazardous, I would cut them down and not expect any assistance.
Everyone's situation is different, with laws varying on the topic. I am curious what the OP discovers in his jurisdiction.