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

[Joesell]

Around here, any part of a tree that hangs over your lot line is yours.

That means I can legally trim the part of your tree that hangs into my yard. If a tree fell across the lot line, I could cut up and use the part that's in my yard.

 

[redheadwoodshed]

You did the guy a favor, it's your wood. If he wants it back sell it to him.

 

[slowp]

Can't you call the neighbor, before cutting, explain what is going on? Or cut it into manageable sizes and push it back over? It seems as though you are trying to start something.

For what it is worth, and that wouldn't be much because rules differ throughout the country, when we were marking and cruising blowdown in areas of different property owners (checkerboard ownership) we used the location of the rootwad (roots) for ownership. I have no idea what the laws are anywhere else.

 

[Philbert]

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

That's an interesting point. IF the fallen tree belonged to the neighbor, would he have the right of entry to reclaim it or would that involve trespass?

If he did not reclaim it could you charge him rent?

Or cut it into manageable sizes and push it back over?

I still believe that in MOST cases people don't want the downed tree and it is considered a nuisance. Cutting it up and throwing it back over the fence could be interpreted it as an provocative act, harassment, or even dumping.

Glad Slowp is here!

Any insight how this might be different if it was a tree being harvested by a timber company that fell the wrong way (versus storm damage)?

Philbert

 

[slowp]

That's an interesting point. IF the fallen tree belonged to the neighbor, would he have the right of entry to reclaim it or would that involve trespass?

If he did not reclaim it could you charge him rent?



I still believe that in MOST cases people don't want the downed tree and it is considered a nuisance. Cutting it up and throwing it back over the fence could be interpreted it as an provocative act, harassment, or even dumping.

Glad Slowp is here!

Any insight how this might be different if it was a tree being harvested by a timber company that fell the wrong way (versus storm damage)?

Philbert

On Federal land, if a tree is going to go over onto private land during falling, it gets left standing. If one does go over, and it has, by accident, I or the logger would phone the landowner. I'd write up an agreement for the logger to sign saying that the slash from that tree will be cleaned up and placed back on the federal land.
A smart logger won't limb the tree until it is yarded back inside the unit.

The most recent episode had the timber company saying they were ok with leaving the tops on their land because they were going to harvest their side soon. The key is COMMUNICATION between landowners.

 

[yarightdawg]

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?

Figure what you would charge to cut and clear driveway. .. Split and stack
He pays your price he can have the wood

 

[lone wolf]

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.

That's a fact jack.

 

[lone wolf]

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.

Yup!

 

[lone wolf]

Around here, any part of a tree that hangs over your lot line is yours.

That means I can legally trim the part of your tree that hangs into my yard. If a tree fell across the lot line, I could cut up and use the part that's in my yard.

I see you are in Wisconsin so is the OP which is why I believe it to be his wood.

 

[lone wolf]

Can't you call the neighbor, before cutting, explain what is going on? Or cut it into manageable sizes and push it back over? It seems as though you are trying to start something.

For what it is worth, and that wouldn't be much because rules differ throughout the country, when we were marking and cruising blowdown in areas of different property owners (checkerboard ownership) we used the location of the rootwad (roots) for ownership. I have no idea what the laws are anywhere else.

He is not starting anything more than his chain saw it is his wood !

 

[Zale]

In general, case law holds that the tree is the responsibility of the homeowner whose land it fell on. As stated above, its considered an act of God. I work in Washington, D.C. and run into this situation all the time. Believe me, with all the lawyers in this town, I know who is and isn't responsible.

 

[flotek]

Reminds me of the game commission they regulate everything concerning the whitetail deer population every little thing must be reported and hunting regulations are to be followed to the T. They are responsible for the wildlife. And it's habitat ..* But if the deer runs in front of your new car and totals it out with immense damage. ..then that's not their problem and an act of God . They are only responsible if it benefits them

 

[svk]

It seems as though you are trying to start something.

He cut up a nearly worthless tree that was blocking his driveway. Do you expect him to go down to the county courthouse to look up the property owner's info to ask permission to cut the tree? Why would you accuse him of trying to start something???

Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate. But around here it seems that you like to condemn the OP in any given situation and assume the person being spoken about is innocent/in the right every time.

 

[Philbert]

As stated above, its considered an act of God. I work in Washington, D.C. and run into this situation all the time. .

Running into God in Washington DC seems like an oxymoron. Just sayin.

Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate.

I really appreciate Slowp's input on this, having dealt with formal timber issues for many years on behalf of the USFS. Different perspectives than from a homeowner or arborist.

Philbert

 

[svk]

I really appreciate Slowp's input on this, having dealt with formal timber issues for many years on behalf of the USFS. Different perspectives than from a homeowner or arborist.

Philbert

Her second paragraph had value. The first had none....

 

[lone wolf]

He cut up a nearly worthless tree that was blocking his driveway. Do you expect him to go down to the county courthouse to look up the property owner's info to ask permission to cut the tree? Why would you accuse him of trying to start something???

Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate. But around here it seems that you like to condemn the OP in any given situation and assume the person being spoken about is innocent/in the right every time.

I cant imagine waiting , and i think it is his responsibility anyway!

 

[slowp]

He cut up a nearly worthless tree that was blocking his driveway. Do you expect him to go down to the county courthouse to look up the property owner's info to ask permission to cut the tree? Why would you accuse him of trying to start something???

Slowp, I can understand that sometimes it adds value to a conversation to play the devil's advocate. But around here it seems that you like to condemn the OP in any given situation and assume the person being spoken about is innocent/in the right every time.

I'm not playing devil's advocate in this case. Ever read all the "I hate my neighbor" threads? I'm know nothing about the laws of trees falling. But, isn't it a neighborly, friendly thing to do to phone the landowner where the tree came from if you know who they are? Why wouldn't you? It all seems kinda petty to me and a good way to start off badly with a neighbor. If the tree is blocking your driveway and you have to get out, by all means cut enough to get in and out but still TALK to the neighbor. I'm surprised nobody else felt this way--Golden Rule and all that seem to be thrown out the door when it comes to firewood. Maybe that's why I didn't like having to manage firewooders.

 

[Oliver1655]

As previously mentioned, communication is important.

- When the tree came down was an attempt made to contact the owner at that time? Op never said.

- If OP did not know who the owner was, a call to the sheriff's department could have got him the contact information or they would have made contact with the owner for the OP. At least where I live.

- If attempts had been made to contact & there was not response back, then I would have cleaned up the tree & after 30 days, would have considered it abandoned & mine in exchange for the labor.

 

[Chris-PA]

I'm not playing devil's advocate in this case. Ever read all the "I hate my neighbor" threads? I'm know nothing about the laws of trees falling. But, isn't it a neighborly, friendly thing to do to phone the landowner where the tree came from if you know who they are? Why wouldn't you? It all seems kinda petty to me and a good way to start off badly with a neighbor. If the tree is blocking your driveway and you have to get out, by all means cut enough to get in and out but still TALK to the neighbor. I'm surprised nobody else felt this way--Golden Rule and all that seem to be thrown out the door when it comes to firewood. Maybe that's why I didn't like having to manage firewooders.

There may be some difference in how people define "neighbor". As far as I'm concerned, the guy who owns property next to mine but lives up the road in a town is not my neighbor, he just owns the lot. That gives him certain legal rights of course, and we are on good terms, but what happens out here is really not much of a concern to him. When storms hit the actual neighbors take care of clearing roads and lanes and taking care of each other. He's in town presumably doing the same where he lives.

In this case were talking about someone who lives 3hrs away, and probably was barely aware that the tree (of little value) existed prior to seeing the stump. That's too far away to include in local affairs in my opinion.

 

[chads]

In Ohio the tree is yours if it falls on your side.
If it's on my side it's mine period live, fallen or dead.
I don't generally worry about it much if I need to trim a tree I do it.
If it falls down I cut it up etc.
If I have to go on the neighbors property we figure out how to do it together.
Chad