Do you have a responsibility to clean it up? Or is it up to your neighbor to deal with?


For the record I dealt with it (well, I’m dealing with it, gonna take a few loads in the dumpster to be done with it), but I’m just curious.

I think legally it is up to your neighbor but morally and as a good neighbor, you help out. Just my opinion. God Bless

I would take care of it, albeit slowly. Maybe drag it onto my property first.

Don't know. Wouldn't think to ask. I'd just take care of it. Then again: When that happened to us, only in reverse--parts of their trees in our yard, twice, I simply took care of those, too. *shrug*

quote:

Originally posted by ensigmatic:
Don't know. Wouldn't think to ask. I'd just take care of it. Then again: When that happened to us, only in reverse--parts of their trees in our yard, twice, I simply took care of those, too. *shrug*

Same here both ways.

My tree lands in the neighbors yard? Can’t believe there’s even a question.

I don't care who's legal responsibility it is. My property, I'm cleaning it up.

Neighbors sweet gum tree fell and hit my roof.
Made the claim with my homeowners insurance.
I was told the neighbor wasn’t responsible.

Tree was hollowed out by insects.

A neighbor's saguaro cactus blew over in a storm and landed across my driveway, actually blocking the whole thing. Happened late at night, so nothing could be done until the next day. I was going to offer to split the cost (it's not a DIY job), but he had a crew out there before I woke up the next day and he wasn't home while they worked.

Live tree? His problem.

Dead tree? Your problem.

quote:

My tree lands in the neighbors yard? Can’t believe there’s even a question.

+1

Years ago I had a very large willow tree split 3 ways in an ice storm, what a mess. Some of it ended up on the neighbors property. I clean up his propery 1st than spent spare time cutting it up and hauling it off to the recycle yard. Not really a big deal just trying to be a good neighbor.

It seems like a good neighbor would approach the neighbor where the limb now resides and at least open a dialog about how to deal with it.

My tree? I’d clean it up. Then clean my yard.

1st year law school question. Answers differ based on how well you like the neighbor, and if you wish to remain friends. The cost of the cleanup is minor compared to neighborhood peace.

As a neighbor, you’re responsible.

Legally, well that depends, doesn’t it? Act of God (ice storm, wind storm, etc), you’re probably not responsible. Neglect? Well maybe that’s a bit different. I had a “neighbor” with an old tree that was never cared for, full of termites and even caught the attention of an arborist working on my property. He brought it to my attention. I in turn brought it to the “neighbor’s” attention. The neighbor did nothing, then 18 months or so later a mild wind storm took the tree down taking out some of my roof. He was happy to pay the damages without going to court. YMMV

I received a windfall. Who is responsible ?

quote:

Originally posted by clubleaf206:
Do you have a responsibility to clean it up? Or is it up to your neighbor to deal with?

I always clean up such things because in my mind that's the appropriate way to handle it.

He who cuts it gets the firewood.

quote:

Originally posted by architect:
Live tree? His problem.

Dead tree? Your problem.

Had a flashback to a bar exam question like this one. In most states, this is the right answer. Live tree, property owner where it falls deals with it. Dead tree, have to prove it was dead/dying/diseased and that property owner where it fell from knew or should have known it was dead/dying/diseased to recover.

I also agree with everyone the “right” thing to do is clean it up and keep the peace.

A top of my tree fell in my yard and on my neighbors garage. It was too big for me to DIY.
It was laying on their roof but did not do any damage.

It took about a week to get someone to show up.

There were hundreds of trees down around the area.

They showed up and it was gone in an hour.
I paid for it.

As an aside a guy called back a 6 weeks later wanting to do the job. He was surprised I didn't wait for him.

As I understand it... "Legally" it depends on the condition of the tree before the limb fell... if the tree or limb was obviously dead or dyeing and in need of removal then the owner of the tree is responsible. If the tree or limb looked healthy then the owner of the land it falls on is responsible for removal. That is my legal opinion, and we all know what that is worth.

Now what one should do 'morally' could be totally different.