If the answer is “no,” or if you can’t be there due to scheduling problems, write down any questions you have so your neighbor can get them answered. In my opinion, "your share" is nothing. The neighbor who originally owned the tree would not be legally liable for removing the tree. I know of no lega l doctrine, however, that requires you to pay any of the costs of removal. Remember: If the situation isn't urgent, be patient. If you do harm the tree, you could be found liable for up to three times the value of the tree. Home > Common Q & A's > Dead tree threatens property. In this case, you can ask your neighbour to cut back the branches or roots. Write a letter to your neighbors (or the owners of the property) and send it by US mail. 3by400, a north Georgia web design team using Joomla. Furthermore, some trees are protected under Florida law such as mangrove trees. If your neighbors ignore you and the tree: Hopefully this will not be the case, but if it is, you’ll have to take action. There is a dead tree (fairly massive size) right on the neighbor's side of the fence that is leaning toward my property. In other words, when a tree from your neighbor’s property falls and injures someone or causes damage to your property, the neighbor is responsible for paying for any damage when the fallen tree showed visible signs that the tree was dead or had a disease. Tell them that if the tree falls and injures or kills someone, or damages your property in any way, you will hold them responsible. It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor. Can I trim them? Because of this, the tree became lopsided now laying slightly in the neighbor’s direction. This includes situations in which a tree that was rooted in a neighbor’s yard has fallen down onto another neighbor’s property. It’s your legal duty to maintain the trees on your property in a way that prevents them from harming a neighbor’s property. If you are working with an independent agent, he or she will help you to file the claim or give you advice on making a claim with your neighbor’s insurance if necessary. A tree growing on the property line belongs to both neighbors equally. My neighbor's tree looks dead, and I'm worried it will fall on my house. A friendly gesture like this goes a long way. Establish your personal an… Generally, a person who does so must pay the tree ' s owner three times the tree ' s reasonable value or five times the reasonable value if the tree is intended for sale or use as a Christmas tree. If a dead tree falls on a neighboring property resulting in damage, the person who owns the property where the trees was originally located is responsible for damages if they were on notice the tree was dead. There are some things to consider if you have a problem with a tree on a shared property line: Often, a tree on your property will crash into your neighbor's property as a result of building or construction on your property. If the tree in question is dead/dying or has dead branches that could be hazardous , Urban Forestry can investigate. Liability in a dead tree falling on your property is likely a simple claim to file with your insurance company. If you cut your neighbor’s tree limbs to protect your own property, then your actions may not be “malicious.” However, cutting the limbs may still be enough to face a criminal charge. Massachusetts fallen tree law, Mass. Ask them to get the tree inspected by a Certified Arborist and to follow through with whatever recommendations are made. Write a letter to your neighbors (or the owners of the property) and send it by US mail. A tree on my property lost some large limbs that landed on my neighbors property in a very wooded area of the property line. State your concerns clearly, and ask them to get their tree evaluated by a Certified Arborist. “The North Carolina law is fairly straightforward when it comes to what you can rightfully claim for damages, unless it is a deliberate act, then that is a different matter all together.” Because of this, it is best practice to get a neighbor’s permission before … The branches had been trimmed on the property owner’s side by a previous owner, but they continue to grow on the side over the neighbor’s yard. In the City of Atlanta, you can request that the Arborist Division declare a dead tree a "nuisance" and force your neighbors to remove it. Trees on the property line are the shared property of the neighboring landowners One thing not specifically addressed in Ohio’s line fence laws is the issue of trees on the property line. Tree work can be expensive, and everyone should make sure it's needed before getting it done. My suggestion is to let him know that you expect he wil l take reasonable steps to protect your house and have the tree removed or prune d. Make it clear that you are unable to assist him financially, and that you do not believe your inability to pay in any way affects his liability if he refuses to cut the tree. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. tree themselves when it sits on a property line. If the branches or roots are dead, or a dead tree falls onto the adjoining landowner's property, then the landow… The branches on my neighbor's tree are hanging over my house. If that has happened, your neighbor could be required to remove the tree. I enjoy turning deadfall into firewood and keeping my woods “clean”. You may not go onto the neighbor's property or destroy the tree. Massachusetts laws on property disputes between neighbors , Nolo.com "A breakdown of Massachusetts laws on neighbor disputes involving trees, fences, and the right to farm." This is your neighbor's property, and it is h is responsibility to take care of the problem. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Depending on the arborist's conclusions, you might still be concerned. Tree trimming regulations in California are generally the same across the state, but city and county-specific rules exist regarding when a tree borders a neighboring property and what the legal ramifications are of cutting or trimming protected trees. However, solution are not always easy, cheap, or friendly. At this point, you may want to offer to arrange and/or pay for a second opinion. Florida law prohibits a neighbor from cutting down a neighbor’s tree or even entering a neighbor’s property without permission from the owner. Usually a letter like this gets results. You want any evidence you can to show that the tree was dead or diseased when it fell. By Emily Doskow, Attorney. Trees a certain distance away from your property line may be exempt. If you don’t know who owns the land, you can find out in the freehold land register under the Land Title Act 1994. TreeInspection.com, LLC | Atlanta, Georgia | TI@TreeInspection.com | (404) 486-0144. Who owns the tree between my house and my neighbor's house? These items are not considered damage. Alabama Tree Damage Laws. Based on what you say, the tree ne eds to be removed, and it would be negligent to not remove it. Knowledge Exception – Tree Owner Pays: An exception to this general rule occurs when the homeowner whose tree the damage originated from knew (or had reason to know) his tree was dangerous to his adjoining neighbor’s property. … A landowner is not liable to the adjoining property owner for an alleged nuisance caused by overhanging branches and roots from a tree on his or her property; however, the adjoining property owner is legally entitled to trim back, at the adjoining owner's own expense and only up to the property line, any encroaching tree roots or branches and other vegetation that had grown onto his or her property. That means if you have a tree on your property that’s unhealthy, rotting, or generally unsafe, and is close enough to a neighbor … It doesn’t matter if the tree or limb came from your property, your neighbor’s property or even municipal property. If your neighbors also want a second opinion, offer to split the cost. 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