Tree liability

OK, looking for a legal eagle to advise. During the hurricane, a tree belonging to my neighbor snapped in half and most of it landed in my yard. It didn’t damage anything but it a huge mess and needs to be removed by a tree service company. Is it my responsibility or my neighbors? Thanks :oc

Call your insurance company and ask them! Have you talked to the neighbor about it? You could approach them with a, (Hey, when are you going to come get your tree?) :wink:

Had a tree service tell me once that any damage done is the homeowners problem regardless whose properly the tree is on. Unless tree was dead or dying then the owner of tree may be held responsible because they knew it could fall with or without a storm.

It’s your responsibility to clean up and you should contact your insurance company.

First ever workplace violence incident, Wounded Knee,SD.

One of my employees had reverse problem. His tree is on two other peoples property. My advice for him would be same for you. Call insurance company and then proceed. If no one is in danger and properties are easily accessible just wait for insurance company to advise. That said responsibility to clean up will probably be on you. Act of God etc…

Karma is 360 degrees

Some got to win, some got to lose…

If a neighbor has been given written notice,by certified mail,that a tree could fall on your property, they are responsible for damages and removal. No leg to stand on if written notice was not given.

If a healthy tree on your neighbors property is blown into your yard,the portion of the tree in your yard, the clean up and any damage is 100% on you…

If a dead or diseased tree on your neighbors property falls into you yard there is a higher likely hood that the neighbor would be responsible. How you decide to proceed in this case would depend on the severity of the loss.

It’s pretty straightforward. Don’t overthink it.

It ain’t as bad as the pig tries to make it sound.

We had a big water oak that was growing along the city of charleston easement line… a hug ditch behind our house…come down during the hurricane. It fell across most of our back yard covering the inground pool and taking out our back fence. Missed the house by 29 inchs. We had told them about the tree before when a huge limb snapped off in another storm. They sent someone out 4 months later but did nothng with the tree and will do nothing about it now. Insurance company also said unless notified in writting would be our responsibility. I had made phone calls only…but did send a “contact us” email through their web site but do not have a copy of this letter . Took lots of pictures but clean up had to be done.

Next question…anyone know someone who replaces metal roof tops. We have a 20x30 metal boat shed that storm lifted some panels on. Hope all of you are ok and had no serious damage to your homes

miss’n fish’n

212 SEAHUNT CC
Sea Squirt 16

Thanks guys. I talked to my insurance company and they said it was on me if no property damage was involved.

o

Guess that means you walk around you property looking at your neighbors trees! If you see one that looks bad, send them a certified letter![:0] Nice way to make friends, with the neighbors:face_with_head_bandage:

quote:
Originally posted by Easy

Guess that means you walk around you property looking at your neighbors trees! If you see one that looks bad, send them a certified letter![:0] Nice way to make friends, with the neighbors:face_with_head_bandage:


Its called looking out for and protecting your property. Usually after sending a letter and speaking to neighbor, they have the tree removed before it causes damage. Many I've encountered have been very appreciative, for the same tree could destroy their own property. Pay a little now, or a hell of a lot later is what I tell folks .

My neighbor and I have several large trees close to the property line. A strong NE wind could drop them on my house, a strong SW wind would whack my neighbor’s house. We are cutting up the fallen tree this weekend. I’ll suggest to him that we have the questionable trees removed We have to get approval from Beaufort County first, total BS.

oc

You should live in Summerville! They have a Tree Committee, that has to give you permission!

Hey Ms Penny, I’ll bet the city tells you that tree belonged to you. I live in North Charleston and have one of those ditches behind my house. I called the city and talked to the mayor about a dead tree outside my fence. Asked them to remove it and was told my property line went to the middle of the ditch and therefore the tree was mine. About 6 months later the tree snapped about a foot above the fence and fell on my sons boat. Landed length ways on the gunnel and just missed the wind shield. Luckily no damage done.

16’ Bonito 65 Johnson

Firewood ought to be plentiful this winter.

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I had a similar issue. Big oak on our side of the fence. However, the fence is not on the property line, it’s a few feet inside the property line on their side. The tree is, in my opinion based on my boundary survey, dead on the property line if not completely on her side. The neighbor’s (old lady) son came over with an immediate sorry attitude…“yada yada yada, you need to get this tree cleaned up and out of our yard asap.” After checking said survey, I called him back, explained my opinion, and offered to assist in cleanup. As in I’ll help so we can get the thing cleaned, but it’s not my problem or responsibility. He got all pissy little girl attitude, rambled something about squatters rights and how his dad was a surveyor and lived there for 40 years, then just hung up on me. Okay, I offered, piss off. 100% your problem now. Know plenty of good folks who are firefighters, but you going to be the one with the bad apple arrogant public official attitude who’s unwilling to get your hands dirty then f off.

Lady on the other side has a totally different attitude. We cleaned up the tree that went into her yard asap with the help of her son.

I say try to be helpful about it first, but they want to be demanding in any way tell them to pound sand.


www.militaryappreciationday.org

I like your style andyb!

During Hugo a large pine tree from my yard fell between my neighbors house and mine and smashed a brand new Honda Accord their guests, who had evacuated from Sullivans Island, had parked between the houses on the neighbor’s property to protect it from the wind. On friday morning the guest said to me your tree smashed my car your homeowners insurance will have to replace it. I said it is not on my property not my problem. The insurance companies agreed stating that it was an act of god and not my fault, thus no liability. It was also not my neighbors fault, even though it was on his property, to make a long story short the car owners auto insurance paid to replace the car. My neighbor and I cut that tree up and 35 others down in our yards and hauled them to the street ate steaks and shrimp cooked on a grill and drank beer every night for 2 weeks and became life long friends. No lawyers were involved or called in. The moral of story is don’t be a dick. If some is being a dick they are on their own.

What hungryneck said. Don’t be a dick.

oc