Overhanging branches- legal liability.

[BrianL]

I know the general consensus on overhanging branches and whether you can trim them or not, but I have yet to see who's legal responsibility it would be if your neighbor's branches do damage to your property/house if they overhang your property line. Anyone care to offer an opinion?

 

[alanarbor]

I would guess there might be some responsibility to the neighbor if a hazard was identified by a competent professional, they were notified about it, and chose not to take action. However you are responsible for maintaining your own property, so then again, maybe not.

Please note: I am not an attorney. Anything I say is merely conjecture and opinion on my part.

I would contact an attorney if you feel there is a legal issue that could arise here. A letter written by an attorney would probably goad your neighbor to action, if that's what you're trying to accomplish.

 

[BrianL]

No, was just thinking of it yesterday when the wind was dropping small branches that overhang my fence line from my neighbor's tree.

 

[Sheshovel]

The liability in California goes likre this..You may cut any overhanging branches and pick any fruit and cut off any roots that are on your side of the property line
AS long as you do NO HARM TO THE HEALTH OF THE TREE

 

[timberwolf]

I have a similar question, Say a tree falls on a fence line (farm property), the tree grew on the niebours property but falls on my property what is the rule to follow, say the opposite happens and a tree from my property falls over a niebours fence?

I ask because I have been clearing fence lines, have delt with many trees that crossed the line in both directions. So far I have been working on my side of the fence and cutting the trees off at the fence, whatever is on my side of the fence I deal with, whatever is not I leave be. Fixing the fence up as I go.

After the wind this weekend, I bet I can go and start over.

 

[Sheshovel]

Who's ever side that the tree roots and trunk originated from is liable for the damage that the tree has caused to the fence and the labor and other costs incurred for the removal of the downed tree from the others property.But I am not sure if you can keep the wood or not.

 

[Kneejerk Bombas]

Who's ever side that the tree roots and trunk originated from is liable for the damage that the tree has caused to the fence and the labor and other costs incurred for the removal of the downed tree from the others property.But I am not sure if you can keep the wood or not.

I wouldn't think there would be any liability, unless there was a discussion about it before the failure.
In general, if it falls on your side, it's yours.
Same with leaves, if the wind blows them from your neighbors lawn, on to yours, they are your leaves.
Now, if the neighbor has a tree with an obvious defect, and you tell him about it (in writing), and the tree fails, then he may be responsible for damages, if he neglected to take reasonable steps to solve the problem.

 

[treeseer]

I think Mike's right, tho Sheshovel may be in an area with different laws or customs.