Tree Disputes

[thohome]

If your neighbors tree is infringing opon your property what are your rights. If the tree does damage because it is not maintained properly and it cause damage to your house or fence or even your car it is the responciblity of the tree owner to pay for damages. If a tree does damage do to a thunderstom then the tree owner is not responcible.

Neighbor Disputes: Trees
Following are some things to keep in mind regarding trees and neighbor disputes:

Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage.
If the damage was solely the result of a thunderstorm or act of God, the tree owner will not be responsible, as the damage could not have been foreseen.
If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, the owner may well be responsible for resulting damage when a storm causes the limb to fall.
If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible.
If a tree owner allows the tree to grow so that it uproots a fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree.
A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement.
Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.

Tree Disputes

http://realestate.findlaw.com/neighb...ute-trees.html

So if you have a tree and your neighbor has asked you to rectify a possible problem it would be in your best interest to take care of the problem before a bigger problem arises.

[badmomma]

Thank you for sharing this information. It may be useful
in the future. I had a tree limb fall on my car once a
couple of years ago. It was my tree and the insurance
company totaled out the car. They paid us for the car and
we gave them the money the car was valued at so I kept the
car. Homeowners insurance is wonderful you really must make
sure that your home and possessions are covered.
Mine has been invaluable over the years. Damage to the roof
from ice storms has been covered. Damage done to the house
from falling trees cetera. The savings has been enormous.

[flippinout]

Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.

This one is especially irritating to me as I have no trees on my property but end up raking a lot of leaves each year. I rake them back to the base of the tree from which they fell. I dont mind the raking as it is good exercise, but I refuse to have to dispose of bags of leaves.

[thohome]

I know what you mean I also have no trees not by choice but by not enough yard to put one. But my neighbors trees supply me with unwanted leaves that I have to rake and dispose of. Which can be irritating at times. My worst pet peeve though is the ashes from the road that they put down every winter and never clean up so I have too.

[flippinout]

I know what you mean about the ashes that are put down in the winter. It causes the dust to settle on the house and porches and sidewalks and one has to hose everything down in the spring.

The only alternative to our cleaning the ashes off the road would be a street sweeper coming through and that would cause even more dust to be thrown on everything.

It is inconvenient to have to hose everything down, but much better than to hose it down then have the sweeper come through and have to do it all over again.