Liability for falling trees. Homeowner or Act of God?

[ijpom]

So, I have trees.
Some are big, some small, some in between. Some are alive, some are dead. Some reside completely on my property, some overhand a neighbors property.
I'm asking about dead, large and overhanging a neighbors property.

Does anyone have experience with, or knowledge of legal precedence regarding fault for damages?

My neighbor, who had a crew massacre his lot full of trees, told me that he would have been liable for damages if they fell from his land onto the neighboring businesses. He's not a lawyer, and claims to be repeating what the "guy from the city" told him. I'm in Illinois and would find local legal information more useful.

Following are pictures of the tree in question. Tree presently feels rock solid, but has that crack between the two main trunks. I estimate the trunks are 14" and 20" in diameter, if that matters.

 

[Del_]

Yes, tree owners are responsible for dead trees that hang over the neighbor's property.

I'd take photos and send the dead tree owner a certified letter.

 

[ijpom]

Yes, tree owners are responsible for dead trees that hang over the neighbor's property.

I'd take photos and send the dead tree owner a certified letter.

@Del_ , thanks for the confirmation on liability.
I'm the owner of the dead tree. Yay.

Looking into Umbrella insurance policy until professional removal can be attempted.
Nothing will be falling too soon, because the tornado that landed 3 miles away (2 weeks ago) brought high winds that didn't move anything.

 

[Able Feller]

There are several threads going that cover this issue, with much knowledge and insight given.

Neighbor's 70' pine is ready to fall on my garage!
https://r.tapatalk.com/shareLink/to...-garage!.347528/&share_type=t&link_source=app

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[lone wolf]

It varies from State to State look up the State laws or call an attorney.

 

[Tigwelder83]

This is my professional opinion. About 8 yrs ago, 4 large locust blasted a pickup & shifted a house off its foundation as well damaging the roof. His homeowners covered his losses. The trees were on the neighbors side of the boundary. In Pennsylvania, where it lands is whos problem it is, unless you inform the owner of your concerns. Note, I'm not a legal expert, or from your state, consult legal advise from a competent source please.

 

[TheJollyLogger]

Or... don't be a ****... be a good neighbor and take care of the trees you own before they hurt your neighbor's property... so tired of property owners worried about their legal liability instead of just taking ownership and doing the right thing.

 

[Del_]

This is my professional opinion. About 8 yrs ago, 4 large locust blasted a pickup & shifted a house off its foundation as well damaging the roof. His homeowners covered his losses. The trees were on the neighbors side of the boundary. In Pennsylvania, where it lands is whos problem it is, unless you inform the owner of your concerns. Note, I'm not a legal expert, or from your state, consult legal advise from a competent source please.

Were the trees dead?

 

[Jed1124]

It does vary state to state. In my state, the tree is the responsibility of the persons property it falls on, unless an arborist deems it unsafe.
If it’s your tree, just pay to have it come down. You will be in good standing with you neighbor and it probably won’t cost you more than your umbrella policy. Win win.

 

[Big_Eddy]

There is a big difference between a live tree seemingly in good health being uprooted in a storm, and damage caused by a dead hazard tree. Negligence!


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[ATH]

Most states:
If a "reasonable person" would recognize the hazard, they can be held liable for the damage caused by their tree. A private property owner isn't responsible for looking for hazards...many municipalities are. If a qualified expert does identify a defect that a "reasonable person" wouldn't, then there can be liability that wasn't there before.

Again...consult real legal advice for your locality.

Or better, get it down if you think it is going to hit your neighbor's.

 

[ijpom]

.... and that's why I asked.

Thanks all for the great variety of situations examined. Both legal and ethical opinions are in play here

As a reasonable person, I've already spoken to my neighbor, and as another reasonable person, he was aware of the tree, but not concerned. No fence, dwelling or valuable property will be hit should the tree fall with gravity. Grass, dirt mound, oranamental trees and large trees may be in the line of fire. He has given me permission to have it dropped on his land, and shrugged off the idea that it would hit one of his trees.

So, as there is no imminent risk of the tree falling, and the risks to property are modest ($100s for landscaping), the decision can and has been put on hold. I'm the guy that has a few other easier dead trees to take down first, before assessing whether this is a step too far for my skills.

 

[Bwildered]

Yes, but a dangerous tree can fall on someone and kill them & if you knew it was dangerous that could put you in a very precarious position, possibly criminal negligence.

 

[ijpom]

Yes, but a dangerous tree can fall on someone and kill them & if you knew it was dangerous that could put you in a very precarious position, possibly criminal negligence.

I agree. That would be a form of negligence.
I know the tree to be currently safe, and its under strict observation for a change of it's status.

 

[Bwildered]

I agree. That would be a form of negligence.
I know the tree to be currently safe, and its under strict observation for a change of it's status.

How much further does it have to crack down the middle to become dangerous?

 

[ijpom]

Several things happen for me to be satisfied about it's current stability.
1) I assess the woods age and state of deterioration. Despite crack, neither branch is weak.
2) Two weeks ago we had a large storm hit my area, and that was a practical test of it's strength. The tornado touched down 3 miles away.

 

[arathol]

I agree. That would be a form of negligence.
I know the tree to be currently safe, and its under strict observation for a change of it's status.

How do you know it safe? A tree like that can appear fine by visual inspection, but could fall at any time. Watching it won't tell you anything......You'll know when it changes status by the sound of it landing in the neighbors yard....

Several things happen for me to be satisfied about it's current stability.
1) I assess the woods age and state of deterioration. Despite crack, neither branch is weak.
2) Two weeks ago we had a large storm hit my area, and that was a practical test of it's strength. The tornado touched down 3 miles away.

How do you determine the strength of the tree? The crack itself seems like its compromised the tree quite a bit. The wood above ground may or may not be sound in places you can't see, and the parts below ground in the root plate might be rotted off. Once that happens, there isn't much to hold it up beside the wedging forces of the two opposing trunks in the ground. One falls, and soon after the other follows.
A windstorm isn't a test of strength here. Its another nail in the coffin. The storm might have weakened the tree further. It might come down in the next windstorm, it might not. It might come down tomorrow out of the blue for no apparent reason too......

 

[CacaoBoy]

I know the tree to be currently safe

That you have asked about the issue here is some evidence that you do not "know" the tree poses no danger. You seem to have considered the risk of property damage, but the risk of injury or death if someone should happen to be in the vicinity when the tree, or some part of it, comes down can be difficult to predict.

Consider, too, that it is safer to fell a structurally sound tree than one that could come apart in unforeseen ways. You recognize that the tree will need to come down in the not distant future. If you delay you may regret.

 

[Tigwelder83]

There is a big difference between a live tree seemingly in good health being uprooted in a storm, and damage caused by a dead hazard tree. Negligence!


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The end result is the same. Take for example this oak we cut a month ago. Appeared fine, actually wasn't, didn't have glaring exterior defects / signs of being a total shell.

 

[arathol]

That you have asked about the issue here is some evidence that you do not "know" the tree poses no danger. You seem to have considered the risk of property damage, but the risk of injury or death if someone should happen to be in the vicinity when the tree, or some part of it, comes down can be difficult to predict.

Consider, too, that it is safer to fell a structurally sound tree than one that could come apart in unforeseen ways. You recognize that the tree will need to come down in the not distant future. If you delay you may regret.

This, and the fact that you have informed your neighbor and discussed the potential hazard with him will ensure that you will be held liable if something should happen. Don't count on your insurance company to back you either if you knew about the hazard and did nothing to correct the problem.