What are your thoughts on part of your neighbors' tree falling in your yard?

[Shell Beau]

My husband was thinking of asking the neighbor to help move part of his tree that fell in our yard on Thanksgiving. I am guessing he won't mind helping. If he does mind, we will move it on our own. But, just out of curiosity, where does the responsibility lie? I know where I think it lies, but I think opinions will vary here.

The limb in my yard is fairly large. It would definitely take more than one person to move it. It somehow missed our fence. It would have crushed our fence. That could've really been issue.

[Pacifist Patriot]

1. His responsibility, gracious if both of you to take care of it.

[Shell Beau]

2. My husband and I will figure it out if he doesn't want to help us.

I wouldn't go to court or anything. We will call a friend to help us. But if it crushed our fence, and he refused, that would be interesting.

[rug]

3. Check this.

http://katrinalegalrelief.org/index.php?title=Property_Law#As_between_neighbors.2C_who_is_responsible_for_removing_debris_from_a_storm.3F

[Shell Beau]

5. It is kinda funky. I am not sure this guy would have any

responsibility unless his tree was very decrepit and he didn't take care of it.

I do believe he will help us, and even if he doesn't, I would never challenge it unless part of my property was damaged. There were no storms that day. The branch just fell out of the tree. I actually watched it happen. It was loud too.

[Midlodemocrat]

4. Here once the tree falls in your yard, you are responsible for removing it.

Now, I have wonderful neighbors and after Isabel, Mr. was out with chainsaw with the rest of the guys helping people who had lost trees/ tree limbs, etc. We were lucky. No damage here.

I have a friend who isn't as lucky. Her neighbors are always itching to throw around the word 'lawsuit'.

[pitohui]

6. don't you live in louisiana? your neighbor has ZERO responsibility

if you are in any doubt about this, you can and should call your insurance company before you start soemthing with your neighbor

he has not one iota of responsibility to do anything about the part of the tree that fell on your property, not if it fell on your fence, not if it fell on your house, certainly not if it fell on your yard,that's why you have homeowner's insurance

if you're a renter, you're just fucked

yeah, been there, done that, as a tree from public property fell and crushed my house causing five figures worth of damage and narrowly missed killing my husband, none of this was covered by the property owner because "no one owns a tree when it falls," however, my own homeowner's insurance property paid for all (minus a minimal $500 deductible)

your neighbor is not responsible for an act of God or the fall of a tree

i know you are upset NOW, but please think about why this is the law -- if the law made neighbors responsible for tree falls, no homeowner's insurer would allow any of us to have trees on our property, we would have to cut them all down to reduce the insurance company's risk

the law as it stands makes sense even if it seems unfair to you at the moment

some people on this thread have no idea what they are talking about, but i have been there, and as i say, if you doubt me, and you SHOULD double check something like this, please call your insurer and please call your attorney

you will find i am correct

i am glad you are unhurt and your home and fence undamaged

also -- if you get your neighbor to help and he is injured, then you are REALLY in a world of hurt, if your husband can't remove the tree or have someone he can trust not to sue him to help with the tree (equals family member), then you should not allow any neighbors to help, you should hire someone who is insured and licensed, i can't stress this too much, because if someone's back gets hurt moving this tree, your homeowner's might only cover 100K of pay-out to the guy and you might end up losing everything (back injuries can put someone out of the work force for life)

are you reading me yet??? PLEASE don't ask your neighbor to help you move this tree, it is a bad bad BAD idea for multiple reasons

good luck and take care

executive summary -- there is no "opinion" here, well, i guess everyone can have an "opinion," but "opinions" are not relevant when you are asking about a matter of fact and fact is, your neighbor has no responsibility here -- it wouldn't be "interesting" if it crushed your fence, the result would be exactly the same, he would have no duty to replace your fence and it would be sort of taking advantage of his ignorance if he gave you any $$$ to do so (altho i suppose the ignorant are there to be taken advantage of, but i wouldn't feel comfortable with basically bullying a neighbor to get money not owed to me)

[Shell Beau]

7. Oh, I am not upset by this. It happened it November.

We are just getting around to trying to remove it. Like I said, he if refused to help, we will just figure it out. We won't pursue it. My husband was going to ask him nicely (today when the guy was doing yardwork anyway) to help him move it. He ended up not asking because he got sidetracked. I have read where it is more than likely my responsibility to remove it. I am in Mississippi, btw. I have no intention of confronting this guy, just wanted to see where opinions lie on this.

[Blue Diadem]

8. It most likely is legally your responsibility.

In Ohio it would be. You can always give your insurance agent a call and they can let you know.