Trees on my property and my neighbor

[64osby]

My elderly, widowed next door neighbor called me the other night for the first time ever. It was a quick phone call.
Hello
This is Mrs. M up on the corner
Hi.
You have some leaning trees on your property you need to look at.
I?ll take a look.

And then she hung up.

I own about 4 acres, and about 3 of them are solid woods. Most of the trees are 40? or higher, mostly Oak. On the shared property line, which is about 300', there are many trees and or branches that hang over her property.

She has a triangle shape lot and she has an out building, a 2[SUP]nd[/SUP] garage that is about 6? from the property line. She just had a new roof put on the garage two weeks ago. I?m sure the roofers warned her about the trees.

My understanding of tree related issues is ? If a tree or branch from my yard falls on to my neighbor?s yard it is their responsibility to clean it up. I do burn wood so I would most likely cut it up if something actually happened.

My question or dilemma is ? Can I be held liable in any way for a tree or branch falling from my property, now that she has made me aware of a possible issue? The big issue would be one of the trees hitting her outbuilding, but some of these trees could also hit her house.

Budget is tight. I just spent my fun money on a nice new to us boat. Is there any reason I should have to hire a tree trimming company to clean up the overhanging trees and branches? I would estimate this to be a several thousand dollar expense.

Let me know your $.02

 

[jspansel]

Re: Trees on my property and my neighbor

From what I have read, if it damages her building, she will have to file with her own homeowners insurance. Car, her auto insurance.

But it can vary... Here are a few links that talk about it.

http://realestate.findlaw.com/neighbors/home-neighbors-trees.html

http://www.kiplinger.com/columns/ask/archive/when-your-tree-falls-in-your-neighbors-yard.html

She, herself has every right to trim anything that hangs over her property line as long as she does not kill the tree. So she can pay for it if she chooses.

 

[RogersJetboat454]

Re: Trees on my property and my neighbor

From what I have read, if it damages her building, she will have to file with her own homeowners insurance. Car, her auto insurance.

But it can vary... Here are a few links that talk about it.

http://realestate.findlaw.com/neighbors/home-neighbors-trees.html

http://www.kiplinger.com/columns/ask/archive/when-your-tree-falls-in-your-neighbors-yard.html

She, herself has every right to trim anything that hangs over her property line as long as she does not kill the tree. So she can pay for it if she chooses.

+1 for this ^^^

Case in point, my father had a big pine that came down, and damaged the neighbor's car and fence. He called the insurance company, and was told that neighbors insurance must cover the damage. Makes sense I guess. You purchase home owners insurance to protect YOUR home, not the neighbors.

If you want to be a good neighbor, maybe offer to split the cost of limbing the offending trees with Mrs. M if it's not safe to do it your self.

 

[jmarty10]

Re: Trees on my property and my neighbor

Why dont you walk over there and talk to her. If she has a tree branch or big limb hanging over her garage she probably getting a little scared. Its the correct and neighborly thing to do.

 

[LippCJ7]

Re: Trees on my property and my neighbor

Not to mention that she has every right to take you to court and sue you, if it were me I would get out the chainsaw and remove the branches quickly and then politely deliver a nice cake to the lady with my thanks and respect...

 

[64osby]

Re: Trees on my property and my neighbor

I took a look at the property line. Just looking from both sides, not walking the whole line, I came up with a quick estimate of 12 to 15 trees and didn't bother looking closly at branches. All of these trees are rooted on my property and most of the trucks at differing heights hang over her property. Some of these are over 50' tall.

Based on what was posted I am soon to try and find away to fell a lot of trees. The question is if it can be done without hiring a service.

 

[cpubud]

Re: Trees on my property and my neighbor

you can trim or cut the trees yourself BUT if any thing goes wrong you will be held responsible for any damage

 

[jmarty10]

Re: Trees on my property and my neighbor

or............go knock on her door and tell her about your predicament and see what she really wants.

 

[willamettejeff]

Re: Trees on my property and my neighbor

Here in Oregon we would simply have the trees harvested for the lumber and get paid a pretty penny for each. If they're oak they should be worth quite a lot I would think. Just a thought.

-- Jeff

 

[ohioriverat]

Re: Trees on my property and my neighbor

I used to trim trees here in illinois and one time a little old lady called the law on me for trimming HER limbs off her neighbors driveway,she did not want her tree cut on, turned out your property line goes straight up and if your tree is leaning over onto someones property they have every right to remove it. So i did!! true story,,
Be careful falling those trees but that's exactly what i would do.

 

[jasoutside]

Re: Trees on my property and my neighbor

I know you want to save some dough but be very careful if you decide to take any trees down yourself. Know your abilities and limitations. If one of those chunks of lumber finds it's way into her new roof, big $ out of your pocket.

Hire a pro to complete anything even remotely questionable or tricky. And, be sure to check their insurance. If they are legit they will be happy to provide you a copy.

Good advice up there though, maybe go have a cup of coffee and a chat first.

 

[ezmobee]

Re: Trees on my property and my neighbor

Good advice up there though, maybe go have a cup of coffee and a chat first.

You may just find out that there's just 1 or 2 easily taken care of limbs that are concerning her.

 

[Al Bee]

Re: Trees on my property and my neighbor

I would politely tell her that you have looked (Or had them looked at by a professional) at the leaning trees, and they look healthy and that you would not expect any problems from the trees. (as they have most likely bin there for 50 years!) I would also check out local laws to your responsiblity as well.

 

[64osby]

Re: Trees on my property and my neighbor

Here's a couple pics of my situation.
From the North looking South. The first tree you see is the only tree on her land.


This is looking upwards from the same place as the pic above.


Here is the South end looking North


My abilities are cutting trees already on the ground But I do have a couple friends.

The way some of these are leaning and as tall as they are it looks like work for some pros.

Maybe I can get a lumber / timber guy to take a look and might be able to make a few bucks or break even.

 

[ohioriverat]

Re: Trees on my property and my neighbor

I don't think that looks like to big a job to clear over her house, get a tree cutter to give you an estimate they are free! You don't have to do anything probably, i mean do they look hazardous? no!

 

[Hydra-sport_Road-kill]

Re: Trees on my property and my neighbor

First let me say I'm sorry for this before I get hate mail.

 

[jimfrei]

Re: Trees on my property and my neighbor

Since she warned you about the trees leaning towards her property, you are now responsible if they fall on her property.

 

[WIMUSKY]

Re: Trees on my property and my neighbor

You may just find out that there's just 1 or 2 easily taken care of limbs that are concerning her.

That's what I was thinking too.........

First let me say I'm sorry for this before I get hate mail.

I've seen that before, still humorous to watch......

 

[rbh]

Re: Trees on my property and my neighbor

A couple got big butts and the rest are tall pecker poles.
And If I am seeing this right her power and phone and cable lines are in the trees pretty much???

YA, I think you should get a professional if you haven't fallen trees and limbs before, pretty tight.

 

[Summer Fun]

Re: Trees on my property and my neighbor

Edit ; Never mind the pics finally showed up.