Neighbor's tree fell into my yard


Old 04-18-07, 09:43 AM
artieess's Avatar
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Join Date: Sep 2004
Location: US-Baltimore, MD Metro Area
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Neighbor's tree fell into my yard

My neighbor's bradford pear (i.e., Trash Tree) snapped in the windstorm this week. About 20' of the orig. 30' height are now in my yard. He had a landscaper come to get an estimate to remove it, then told me they would be there Tuesday. I told him they could get to the tree The tree hasn't been touched.

My question is whether he is responsible for the tree or I am. It's still attached to the trunk in his yard, and the landscaper advised to remove the whole tree. He works from home and I tried calling to ask him this morning about it but no answer. If it's my responsibility that's fine. I'd like to get the thing out of my yard by the weekend.
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Old 04-18-07, 09:48 AM
Join Date: Aug 2000
Location: USA
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It's the neighbor's responsibility to remove the tree. Perhaps there was a problem with the landscaper's schedule and he could not come on the scheduled day. Your best bet is to talk with your neighbor. Keeping communication open is best.
Old 04-18-07, 09:59 AM
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There is a possiblility it might be your responsibility but as long as the neighbor believes it's his - let him foot the bill.

My stepson lives in my "rental" trailer and he put up a metal shed and failed to secure it to the ground. A wind storm picked it up and blew it on the neighbors truck. I contacted my insurance and they said I [they] wasn't responsible and that the neighbor had to file a claim on his insurance which he did - I think my stepson paid the deductible for him.
Old 04-18-07, 11:31 AM
Join Date: Aug 2004
Location: USA
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It's not the neighbor's responsibility unless the tree was already determined (preferably by the city arborist) to be a hazard (dead, leaner, v-crotch, etc.) before it fell.

If a tree was deposited into your yard from the next county by a tornado, who's responsible for removal?

I'd hire a remover myself and ask the neighbor to split the cost of the fallen part. (Let him pay for the stump removal, a separate cost.) Be glad no one was hurt and nothing was damaged.
Old 04-18-07, 11:57 AM
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Location: US-Baltimore, MD Metro Area
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Not sure razz's tornado analogy fits here. If a tree falls and lies 1/2 on one side of the county line and 1/2 on the other side, which county is responsible for clearing it? (If no one is there, does it make a noise?)--cue big cheesy grin... Anyhow, that's the crux of the matter: the tree 'straddles' the fence between our yards.

I will do what I have to, but just want to avoid getting into a protracted 'battle' over this. I mean, my neighbor said he'd have his landscaper take care of it. If he's changed his mind or been advised that it's not his responsibility, fine, let me know. And from the responses, it sounds like I may need to have it taken care of--at least the part in my yard. But, as twelvepole points out, keep the communication open.

Thanks to all of you.
Old 04-22-07, 10:13 PM
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Join Date: Apr 2007
Location: washington dc area
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"as twelvepole points out, keep the communication open."

agreed deal with the issue by working together much easier than pointing the finger and assigning blame (but clearly it's not your fault)
Old 04-22-07, 10:22 PM
Join Date: Nov 2006
Location: USA
Posts: 1,342
If it were my yard, I'd look at it as free fire wood and cut it off the fence, let the neighbor deal with his own yard and I'd deal with mine. Since it's in your yard, I'd think it's now your wood.

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