zing
Platinum Member
zing said:Originally Posted by zing
"I have had part of an oak fall from the neighbors property onto mine. The oak stradles the property line so I figure what fell on my property is mine."
This is a bit ambiguous, but I think you are saying that the tree was on his property and fell across the bounrdy between the two properties. You want what landed on your property. If that is the case, then I don't think it is your tree at all. The way I see it, if the tree fell from his property onto yours and damaged your fence, shed, house, or car, etc, he would be responsible for the damage. Even if there is no damage, he is responsible to clean up the debris and should clear it with you first before he or any workman go onto your property. With that the case, I think the wood is his if he wants it.
Having said that, I agree with the others who suggested that youu talk to him first, unless you already have a poor relationshiop with your neighbour. For all you know he may not want the wood and may give yo the whole tree. Or maybe he will just want the branches for firewood and will give the trunk to you because it is too large to chunk up and split anyway. WIth all of my neighbours the first thing we would have done was take a walk out to the tree and chew the fat while we consider what to do next.Maybe in Canada, not in the US. When a tree falls and damages your property in the US unless it is a dead tree and or you have informed the owner of the tree it is a hazard the damage is yours to repair or fix or clean up.
Hmmm, I don't know, maybe I am wrong. I definitely can't speak for all of Canada. All I can say is that a coupe of years ago during a hurricane a large branch from a tree in my neighbour's yard damaged my fence. He came over and said that he knew it was his responsibility and asked of I had a preferred contractor or he could just use his own. We chatted for a bit and I said he could use whoever he wanted or if he wanted we could just fix it together some weekend. He was busy though, and he just hired someone to fix the fence. In hindsight, I guess I just took him at his word, and maybe it wasn't even his responsibility to fix the fence.