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

[square1]

I don't know about legality of it all, but in a similar situation our insurance company pointed out an issue and made it clear since we had been made aware of the problem they would not be covering any damage or liability in the event a mishap

 

[scootr]

Just wondering if the neighbor put the trailer next to the trees so he could benefit from the shade or the windbreak and privacy the tall trees provide. Perhaps the neighbor put the trailer under their neighbors trees to benefit from the natural shade, windbreak, and privacy they offer despite the known hazards of locating a structure under such trees. Some would say he made the decision to assume the risks in light of the benefits.
A couple of pictures of the lay of the land might lend to other solutions not mentioned before.

 

[riptides]

Did you say Leland Cyrus are the issue on the property line for the trailer?

They might give it a good cleaning if they ever fall over. I have had them on properties for a long while, none have ever come down causing any damage to anything. Worst case is they lean over. It's not like dead hardwood or Silver Maples.

I'd leave the Cyprus. If that is the case.

 

[Slowpoke Slim]

I don't get the fixation on "where" the trailer sits.

If it meets your local zoning rules for distance from property line, that's enough. If it doesn't, make them move it. Of course, you'll be the next generation of property owners that don't get along, but so be it, right?

Doesn't matter if it's only 1/4" inside the imaginary legal distance. If it fits, it sits. If he's "legal", then all the sqawking about where it's sitting and how close it is to *your* trees is irrelevant.

Just my grumpy morning opinion.

 

[MossRoad]

Right there buddy

You don't put a trailer 15' away from 30-40' tall trees without expecting an issue over time.

Unfortunately, you're in the wrong on this one.

 

[Dftodd]

When my neighbor approached me with a concern for my trees falling on his garage and I looked at them and agreed he was right I cut them on my dime. Which is what I think you should do as well. Why should the neighbor pay half to fix your problem?

If it's on the property line. Then those trees belong to both of you.

 

[Dftodd]

I didn’t plant the trees. They’re mature oaks. And the neighbor just recently built the garage.

Since he built the garage, knowing the trees were there, then it's on him.

 

[RjCorazza]

If it's on the property line. Then those trees belong to both of you.

I do know that's true. Additionally, over time if any part of the trunk grows into the property line the tree becomes shared property. Makes no difference who planted it, or where the trunk was in previous years.
Shared trees are the worst imho. They require agreement to cut them down if it becomes necessary.

 

[2manyrocks]

100 Leland trees sounds like a job for a feller/buncher forestry machine.

 

[dodge man]

I am a retired land surveyor and it seemed like someone came in every few years with this situation. Like already mentioned it depends on where the boundary is and laws in your state. It sounds like the trees are on your property but I don’t think you said either way.

In Illinois I THINK the tree is the responsibility of whose land it’s on and the adjoiner has the right to trim overhanging branches without killing the tree. If the tree is on the boundary it’s a shared responsibility.

I also don’t get your problem with the location of the trailer. It’s his property he probably put it there for some reason. When you complain about that it makes it sound like you have some resentment that has nothing to do with the trees.