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Responsibility for fallen tree?

Old 10-08-2016, 06:17 AM
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Default Responsibility for fallen tree?

One of my neighbors lost a huge ficus tree during Matthew. The tree fell across a corner of my yard and into a third neighbors yard. This is an ugly one - the fallen tree is huge - probably 4' - 5' across the primary trunk and with a 10' root ball in the air. To add to the complications it is partially hung up in two additional trees. While I am handy with a chain saw I'm not going near this dangerous mess. And once the primary cut is finished moving the root ball is going to be a big job.

Who is legally responsible for clearing the fallen tree? Is it the neighbor where the tree originally grew? Or are the recipients of the fallen tree responsible for clearing it? I am guessing that a craigslist ad for "free firewood, you remove" is not going to do it. It is time to talk to the neighbor who donated the tree. I just want to know what the legal responsibilities are first.
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Old 10-08-2016, 06:19 AM
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edit: seems from later posts that I may have been wrong.

Last edited by David2; 10-08-2016 at 06:32 AM.
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Old 10-08-2016, 06:26 AM
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If the tree was alive and appeared healthy, it appears the recipients are responsible.

Couple of references;

http://edis.ifas.ufl.edu/fe962

http://www.greeneinsurance.com/blog/...llen_tree.aspx
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Old 10-08-2016, 06:30 AM
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The general rule is that unless the neighbor knew or should have known that his tree was unsafe, he is not responsible even if it hurt you or your family member or damaged your property. Our courts follow the old common law: It’s your property, so take care of it, unless you can prove your neighbor was negligent.
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Old 10-08-2016, 06:33 AM
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If it was a healthy tree and this is storm damage, normally, each property owner is responsible for the portion of the tree that falls into their property. Maybe you can all share the cost if you need to have a tree service do the cleanup.
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Old 10-08-2016, 06:35 AM
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Live tree, good health, not old and rotten = Act of God......= each responsible for his own part of the tree.

Old, rotten, = Owners responsibility.

That is exactly how this situation was described to me where I reside. But, don't take my advise, check with multiple folks who should know.
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Old 10-08-2016, 06:55 AM
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You good folks need to geehah,and get together on removing it.Everyone happy campers .Problem SOLVED!.
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Old 10-08-2016, 07:08 AM
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Agree; live it's the responsibility of whoever owns were it fell. If it was a dead tree or diseased then the owner of the tree is responsible. But why don't the 3 of you get together and split the costs?
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Old 10-08-2016, 07:20 AM
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yep pretty cut - no pun intended and dry - good tree everyone who sustains damage or costs incurred is on their own dime.
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Old 10-08-2016, 07:35 AM
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It probably depends on local laws but I've understood the responsibility for damage lies with the property owner where the tree falls no matter the condition nor where it came from.... unless... the owner where the tree lived was advised of a dangerous condition and took no action. I was just about to send a certified letter to a neighbor a few years ago for a dead tree but didn't mail it before the tree fell. It didn't do too much damage but could have wrecked a pool liner had it fell about 2' further south of where it did.
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Old 10-08-2016, 07:40 AM
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May depend on the state up here your tree your problem plan and simple
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Old 10-08-2016, 07:58 AM
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If you like your tree.......You can.......
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Old 10-08-2016, 08:03 AM
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Get the neighbors together, a 30 pack and few chainsaws. It will get done.




Kidding of course....kinda
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Old 10-08-2016, 09:03 AM
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Originally Posted by Boat Hound View Post
Get the neighbors together, a 30 pack and few chainsaws. It will get done.




Kidding of course....kinda
of course you are kidding a 30 pack does not sound like near enough for a job this large
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Old 10-08-2016, 09:11 AM
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Originally Posted by ladyjane View Post
May depend on the state up here your tree your problem plan and simple
This is correct. It depends on the state so check state laws.

In my state (VA) it used to be that everybody shared the problem of a fallen tree across property lines. But the law changed over a decade ago and now it is the repsonsibility of the tree owner. This change reflects the urbanization of the population and puts the onus of responsibility on the tree owner for trees that grow in a location and/or to a size that threatens others' property.
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Old 10-08-2016, 09:31 AM
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I think another reason is should a neighbor be on your property using a chain saw that he might or might not know how to use properly. There could be a chance that if he got hurt on your property, could you or your insurance company be held liable?
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Old 10-08-2016, 09:34 AM
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It's on your dime.

If it damaged anything on your property then your insurance will cover you if you want to put a claim in
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Old 10-08-2016, 10:54 AM
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Push it out into the street and have the town take it away.
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Old 10-08-2016, 11:19 AM
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When and if you guys have the chainsaw party cautious when cutting it. As you cut the tree pressure from the root can right the root/ball when the trunk weight becomes less than the applied force. In our case our nephew had snuck around to the root hole and was playing in it. We were cutting at the top end towards the bottom. I made a cut and the training tree stood upright on its own. Sister screamed as she saw her son barely missed being crushed. He just happened to be crawling out when it stood. Just missed him by inches. Very scary to think about as we realized what just happened.
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Old 10-08-2016, 11:53 AM
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Originally Posted by round2it View Post
When and if you guys have the chainsaw party cautious when cutting it. As you cut the tree pressure from the root can right the root/ball when the trunk weight becomes less than the applied force. In our case our nephew had snuck around to the root hole and was playing in it. We were cutting at the top end towards the bottom. I made a cut and the training tree stood upright on its own. Sister screamed as she saw her son barely missed being crushed. He just happened to be crawling out when it stood. Just missed him by inches. Very scary to think about as we realized what just happened.

whoa
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