Legal question on trees on property line that could cause damage...

Sigarms · Mar 5, 2023

Neighbor is about 100 yards off the left of our house.

The guy we bought this place from 18 years planted about 100 Leland trees trees over there as a privacy fence. Turns out the other neighbor who owned a small section of land over that way put in a trailer there to rent out years ago before we even bought the place..

I've last year, the neighbor who owns the trailer (not the tenant) called me to tell me a tree came down on his property and he wanted me to take care of it, which I did.

Wentout to mow today, and getting over to the shed, I see another tree came down on his property (he rents the trailer out to someone else).

Still need to get my shoulder replaced, working a chainsaw for more than 20-30 minutes and I'm in pain for a couple of days, so I wait until I need some "big work" to do before calling a tree guy.

I texted my neighbor, told him I found a tree on his property and I would get someone to take care of it (I actually have some other trees I need taken care of as well from last year, so I already texted my main "tree guy" to come out and give me a quote.

These Leland's are killing me. If it were up to me, I'd remove them all and just find some kind of privacy bush to grow over on the property lines (previous owner planted all of them WAY to close to each other).

The next door trailer is only about 15' off our property line, and I wondering how long it will take for a Leland over there just to hit the trailer? Trailer is really worth next to nothing other than some work the new tenant did in the trailer to get it back to livable conditions.

Here's the question...

Am I responsible for cutting all those trees down if I give the owner of the property next to ours the authorization toat cut any lealand tree he sees fit that could cause damage to his rental trailer?

FYI, yes, I will talk to my lawyer, and get his feedback on what I should do. I will post his (or someone else he recommends) answer back here, I just figured sooner or later someone else he could be in the same position.

I get along OK with the the new owner of the property (it was given to him by someone else who has since died that originally owned the property next to ours).

bcp · Mar 5, 2023

I would remove or have removed the trees that might fall on the trailer, then remove others gradually as time and health permit.

Bruce

Slowpoke Slim · Mar 5, 2023

If the tree(s) in question are in fact *exactly* on the boundry line, then they belong to both of you. Get a survey and get a lawyer (sounds like you're doing that) as laws can vary from one location to the other.

Sigarms · Mar 5, 2023

Slowpoke Slim said:
If the tree(s) in question are in fact *exactly* on the boundry line, then they belong to both of you. Get a survey and get a lawyer (sounds like you're doing that) as laws can vary from one location to the other.

Not that it matters, but the trees were at least 20' tall before a mobile home trailer (15' at best) was in the spot of where trailer is now.

Long story short, previous owner was the next door farmer (who has since died) never got along with the owner of the property we bought. When you move a non movable mobile home trailer years later about 15' away from the trees, you as the owner should expect potential issues with the trees.

I have no qualms with splitting the cost of removing any trees as it makes sense in our opinion to do so.

Torvy · Mar 5, 2023

Property laws are mostly state laws, so unless someone is in your state or studies your state laws, it will be a 'best-guess'.

I would definitely remove the trees, starting with the ones most likely to cause harm to people or property.

If the guy who planted them did so on your side of the fence, they are most likely your expense.

Giving someone else authorization to cut down trees is not likely to absolve you of liability. Even if a professional was hired to remove the trees, if something happened, they would probably sue you AND the arborist. You could then sue the arborist for dropping a tree on the trailer. I am not a lawyer, just my understanding of how that type of thing happens. If you give the neighbor the OK to cut down a tree and then it falls on him...who knows? I wouldn't do that. Take them down or hire it done. Good luck!

tallyho8 · Mar 5, 2023

During Hurricane Katrina in 2005, 90 of the neighbor's trees, including the largest pecan tree in Louisiana (see photo), blew over onto my property. This was classified "an act of God" and it was entirely up to me to remove the trees with no insurance or compensation. Lesson learned.

Now if you see a dead tree or leaning tree on the neighbors property, that has the potential of falling on your buildings or premises, you can write the neighbor and their insurance company if you know it, a letter mailed with tracking, notifying them that it is a hazardous condition and that if it falls on your property, causing damage, injury or death, that they will be held liable for it. Then the liability is on them. I learned this and took a tour of my property and theirs noting which trees they had that were dying or leaning, threatening my property and wrote a letter to them and their insurance company. Within a week they were cut down. In our area if your insurance company drops you, your next policy will be about 10 times more than your old one.

Six months later Hurricane Ida struck and over 16 of their trees fell on my property but these were all healthy trees and only destroyed fences and small outbuildings and of course were considered "acts of God" that I had to take care of myself but the 2 trees that would have fallen on and crushed a house on my property had been removed beforehand thanks to my letter.

Now, laws may be different in your state but here if one of your trees falls on a neighbor's property it is considered an "act of God" and you are not liable unless you have been legally notified that it is a hazard.

David in KY · Mar 5, 2023

My experience has been that if the trees on your property are healthy, and they fall due to a storm (read Act of God), any damage caused is a matter between the property owner and THEIR insurance company.
However, if the trees are dead or otherwise pose an obvious risk, you can incur liability if you fail to correct the condition (i.e. have the hazard removed).

Good luck .

MossRoad · Mar 5, 2023

That's a tough one. The way it was always explained to me, if a tree falls from your property onto a neighbor's property, it's considered and act of nature and you are not responsible, providing you were not aware that the tree was damaged, leaning, etc. If you knew that, and did nothing about it within a reasonable amount of time, then it's your responsibility.

So now you know that those trees have a propensity to fall over, it could be said you had ample time to do something about it.

My guess is any further damage that might be caused by those specific species of trees will be on you.

But that's just a guess.

As far as giving your neighbor authority to cut any trees on your property that he feels are a danger to his property, I can understand that thought, but I don't think it would insulate you from any responsibility.

Anyhow, consulting your attorney and/or insurance might be prudent.

Torvy · Mar 5, 2023

Act of Nature is mostly about insurance and their ability to deny a claim. Ultimately, legal responsibility comes down to a jury. Unless your state has an affirmative law that prohibits suits like this, civil suit could follow. You could ultimately win a case, but who wants a court battle?