Tree falls on my property who's wood is it?

[Coldfront]

We had a big storm earlier this summer, the wind knocked down a big aspen (popple) off my neighbors vacant property blocking the road out of my driveway. I cut it up and split it for firewood. The neighbor comes up a week ago, first time I have ever met him in 4 years and wonders where the wood went from the tree. I told him I had to cut it up to get out of my driveway, he grumbled a little but nothing became of it. So who's wood is it? Should I have cut it up and threw the wood back on his side of the road?

 

[Chris-PA]

In that case, I would have asked him why he did not take care of the tree that fell from his property and blocked your driveway/road? Seems to me he's still responsible for damage his trees cause, even though he is not living there. What if you did not have that capability and had to pay someone to do it?

As far as I'm concerned if it falls on my property, it is mine, especially if I have to put my labor into cleaning it up. But then again there is no issue with neighboring property owners for me, as even the one I don't get along with that well would rather have me clean it up and has no need for the wood.

I don't know what the law really is though.

 

[Pelorus]

None of my neighbours are grumblers.

 

[JeffHK454]

Oak it would have been mine but I'd a dragged that Aspen back on his property and left no doubts .

 

[Chris-PA]

If no one heard it did it really fall?

 

[lone wolf]

It would be your wood legally.

 

[MGoBlue]

If it fell on my property I'd consider it mine, especially if it blocked a driveway. Let him grumble, grumpy !@#$. Karma's a ***** and he'll get it back.

 

[flotek]

Everyone knows aspens are highly valuable !

 

[Philbert]

It's yours. Even if you don't want it, according to some local insurance agents.

Neighbor had a large branch (the size of a good size tree) fall from another neighbors monster maple into her yard. Was told: 1) that clean up was her responsibility; and 2) homeowner's insurance would not cover removal (but would have covered damage to her house if it had been hit). Neighbor was 'unresponsive'. She was told that could try to recover costs from the owner of the tree in civil court, but might have to prove negligence (i.e. that the owner knew that the tree was sick or defective and did not take steps to address it).

Laws may vary from state to state.

Philbert

 

[Dusty Rhodes]

Its his wood, plain and simple. No you should not have had to cut it up, but you have a right to get it off the road and he should have taken care of that in a reasonable time period. If not then he should have made arrangements to have it removed asap. Probably why he did not make too much of a fuss about you cutting it up. You probably did him a favor. But to answer your question. Its his wood even though it landed on your property.

 

[lone wolf]

Its his wood, plain and simple. No you should not have had to cut it up, but you have a right to get it off the road and he should have taken care of that in a reasonable time period. If not then he should have made arrangements to have it removed asap. Probably why he did not make too much of a fuss about you cutting it up. You probably did him a favor. But to answer your question. Its his wood even though it landed on your property.

Wrong ! look up the law. Is that how it works in PA?

 

[trucky]

I have dealt with this before. Your wood. Burn it and smile.

 

[Coldfront]

I don't know the actual law, but if it is blocking a Township road they push it off with a front end loader where ever it is easiest to push it. I know it was only popple but why let it rot? I have a camp fire pit and a wood stove in my garage. Btw the neighbor lives 3 hours away.

 

[Dusty Rhodes]

It works that way in most states. It is still his tree. By falling on to your property it did not change ownership. You have a right to get it off your driveway. He has a responsibility to get it off your property but he needs to have notice and to take care of it in a reasonable time period. If it is storm related and a healthy tree he is not legally liable for any damage to your property. If is was rotted and fell down onto your property he is legally liable for your damages. Truth be known most homeowners insurance policies will pay you $500 to get it off the driveway so that you have access to your premises even if you do not own the tree. You do not have the legal right to cut it up and burn it for firewood if it is his tree.

 

[KenJax Tree]

Anything that is over the property line is yours. If his tree hangs over your property you have the right to cut or trim anything on your side.

 

[Coldfront]

I guess the bottom line is the guy would have to be a real jerk to say anything about a 15" aspen that probably would have been half rotten by the time he got back up here.

 

[Dusty Rhodes]

With the neighbor living 3 hours away, He obviously wasn't going to get their anytime soon to take care of it, nor do I suspect he would have been willing to hire someone to get it off your property, but he could raise a stink if you never gave him the opportunity to respond and simply cut up the wood and took it as your possession. If the logic used by some here were that any property that ended up in my yard became my possession I'd have a few tarps, trees, the neighbors trampoline and the 2002 Ford truck that drifted down to my orchard for my own possession.

 

[Philbert]

If the logic used by some here were that any property that ended up in my yard became my possession I'd have a few tarps, trees, the neighbors trampoline and the 2002 Ford truck that drifted down to my orchard for my own possession.

It's not logic. It's law. Trees, fence lines, cattle, and other items have their own established case law. That Ford could be yours after a period of time. Your neighbor's liability for it is also different.

Philbert

 

[KenJax Tree]

Cars,trucks,tarps and trampolines are a different story

 

[Dusty Rhodes]

Philbert, I have been a property/casualty adjuster for 20+ years, with the last 13 as V.P. of Claim for a Regional Insurance Carrier that writes business in 9 states. I handle all the litigation files for the company. Guess I have been doing it wrong for all those years.