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

[KenJax Tree]

Anything that comes over the property line you may remove and keep. Branches at the property line that hang over your property, but may not do so in a manner that will do irreparable harm to the tree, and are trespassing if you go onto their property to do the work. If the trimming resulted in further die-back, disease or dangerous lopsidedness you could be sued.

 

[unclemoustache]

So what about leaves? If leaves from my tree land in my neighbor's yard, must I clean them up? Why is a branch different, or maybe, how big of a branch must it be to be different, for many trees drop small twigs and branches all the time.

 

[Philbert]

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.

Sorry I did not kiss your ring before responding. I have also worked in insurance and disaster response. I know that after a tornado, you do not personally come out and pick up your policy holder's tarps and trampolines and building materials spread out across their neighbors' property, even as a VP. Nor do you come by to claim tree limbs. And most homeowner's insurance policies cover tree damage separately from building damage, unless they have a special rider.

But the key point I was making, was that it is not logic that rules, but state law, which varies, which may not be 'logical', and which often treats different forms of property and resulting liability differently.

Philbert

 

[climbhightree]

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.

You said, earlier, if the tree was healthy and fell on the house, insurance would cover damages. But whose responsibility is it to remove the tree, and pay? And who gets the wood then? Ive always got paid, for storm work, by the insurance company of the house that was hit.

I don't see the above situation any different then a tree falling across the driveway, other than no insurance involved. Especially if it is a absentee neighbor, that is never around.

 

[Dusty Rhodes]

Ken, I agree with you regarding branches, Not the whole tree if it comes down in a storm. Your neighbors property cannot encroach on your property. Thats not what the OP was talking about. And regarding the cattle example, I had to laugh out loud. Your neighbors cow wanders onto your property, you kill that cow and butcher it and you'll owe the owner for the meat. Now the neighbor owes you for any damage incurred to you by that cow, but you do not have the right to do what ever you want with his cow. To say it is not logic but law is incorrect. Most law is based on Common Law and that is based on logic and common sense.

 

[stihly dan]

What happened to possession is 9 tenths the law?

 

[Dusty Rhodes]

Sorry I ruffled your feather Philbert. I am out of here, more heat than light me thinks, was not trying to elevate myself, just advise by what authority and experience I was giving my opinion, which seems to carry weight regarding some topics on this forum, obviously not this one. I'll let the know it alls have at it.

 

[Philbert]

Your neighbors cow wanders onto your property, you kill that cow and butcher it and you'll owe the owner for the meat.

I mentioned cattle specifically, because there are whole sections of law, going back to biblical times, specifically about cattle. If a neighbor's dog comes onto my property, I may have the legal right to shoot it. Cows and dogs are different, and are treated differently in the law. Tarps, and trampolines, and trees are different, even though they all start with 'T'.

What I find interesting about the OP's question is the perceived value of the tree. In timber country, trees have a market value and may be protected against illegal cutting, with triple damages awarded. In real estate terms, an ornamental tree may be valued by how it affects the assessed value or sales price of the property. In storm damage situations, most people try to distance themselves from the responsibility for tree removal (aside from building damage issues). The exceptions appear to be the weird firewood scroungers/hoarders here on A.S., and those valuable black walnut trees on C.L.

Philbert

 

[GrassGuerilla]

What's funnier; the neighbor "grumbly" about you having dealt with his storm damaged Aspen? Or you fellas fighting over it?

Seems we have a lot of folks with a lot of experience with such things here. Common sense tells me that there isn't a judge, constable, or anyone else that's going to be too concerned about what you do with storm damaged wood that ends up on your property.

 

[KenJax Tree]

I wasn't arguing i was just explaining why i was right

 

[steved]

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

No, it not how it works in PA...

The only his/her thing are line trees, which are every other one.

If some errant tree falls on your property; its yours. That of course if you want it...or you work out some deal with the neighbor.

I would have simply said, "you can't come on my property without additional insurance to cover damages"...let that neighbor squawk over that...

 

[lone wolf]

What's funnier; the neighbor "grumbly" about you having dealt with his storm damaged Aspen? Or you fellas fighting over it?

Seems we have a lot of folks with a lot of experience with such things here. Common sense tells me that there isn't a judge, constable, or anyone else that's going to be too concerned about what you do with storm damaged wood that ends up on your property.

Well in my state if it goes on your property it is your problem, period!

 

[lone wolf]

Well in my state if it goes on your property it is your problem, period!

 

[lone wolf]

 

[lone wolf]

To test this out if you don't believe me wait till one does some damage to you property then ask the neighbor to pay for the Tree Service removal and property damage and watch what he says!

 

[GrassGuerilla]

View attachment 367884

Good thing that car was there. Prolly would have damaged the driveway without it.

 

[greendohn]

The guy is 3 hours away? He was grumpy?
Maybe you could offer him the wood in exchange for him paying you for your labor, see how he feels about that.
I'd get his contact info, if you can, to call him in the future when something like this happens. Call the law next time it happens and take it from there? The guy must be a Richard Cranium.
'Round these parts it mostly agricultural and the farmer will either call a guy to get it out of his way for the firewood or he will push it back into the fence line and let it rot,,

 

[DR. P. Proteus]

None of my neighbours are grumblers.

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.

I think you may be wrong because I am pretty sure once a neighbor's tree falls on your property in PA its your mess to deal with. But that is in the eyes of the ins companies, I am not sure about municipal laws.
Of course this only has to do with trees, not tarps, tramps or trucks.

 

[Sawyer Rob]

Last Nov. a tornado went across my property... A LOT of tree's from MY side fell across my neighbors wire fence. (he has cattle). Anyway, I called my insurance agent (he's really up on the law) and asked him about making a claim to get paid for cleaning them up, thinking my neighbor could go back on me if HE did the clean up......nope, I was told it was an "act of God" and all the tree's and fence were my neighbors problem!!

The ins. WOULD pay for any clean up in my yard, around my house and pay to open my road to the back side of my property, but that's it.

BTW, I felt like it would be screwing my neighbor to make him clean up all MY tree's off his fence, so I hired a guy to help me, and we cut the tree's that fell from my side of the fence line.

SR

 

[zogger]

AAAK! The government owns it all, it is their tree. And you got to watch it, their tree might have fallen on an endangered salamander, and altered critical wetlands, meaning it is your fault, and some other stakeholders who live 500 miles away in the big city could sue you once the bureau of screwing you over is done with you. Oh look..over there...buncha boys all roid raged up wearing armor coming up the driveway...

You have to keep up on these things