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

[Sigarms]

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?

Rental trash trailer put up in spite due to two past landowners who couldn't get along.

As noted, the trees were there before the trailer was moved in 15' away.

If I owned property and someone had a garage nearby, I wouldn't be dumb enough to plant a tree by the neighbors garage where the tree over time could be a problem to begin with.

 

[4570Man]

Rental trash trailer put up in spite due to two past landowners who couldn't get along.

As noted, the trees were there before the trailer was moved in 15' away.

If I owned property and someone had a garage nearby, I wouldn't be dumb enough to plant a tree by the neighbors garage where the tree over time could be a problem to begin with.

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

 

[Sigarms]

Maybe it’s not the smartest plan

Right there buddy

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

 

[Sigarms]

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

If I was your neighbor and building a garage right next to YOUR trees on YOUR property, I'd talk to you first about my plans.

So, if you have a buttload of trees with nothing next to those trees on someone elsess property, and down the road over time, a neighbor builds something right next to those trees, those trees now become your responsibility if they fall?

That's kind of like the pig farmer having his farm, and everyone moving next door years after the fact and then complaining about the pig farm smell.

 

[tomcatg]

Interesting thread. I have a not good neighbor and he has quite a few dead looking trees on his property that could fall and take out my fence. I have heard in Virginia that it's my problem and he isn't the type to do anything on my behalf anyway.

 

[kenmac]

Probably different laws in different states.
Here, the owner of the tree is responsible for neighbor's damage only if the tree is dead.

The persons with damaged property caused by the fallen dead tree, must have informed the owner of the dead tree in writing by certified mail of the trees condition, and request the owner have the dead tree removed before causing damage.

If it's a live tree that has just been blown over by the wind, The owner is not responsible for any damage. They state it's an act of God

 

[Alan W.]

Dont know if there was any zoning or setbacks in place when the trailer was placed.
We are very lax zoning wise but even ag use has a 25’ setback from property line.

 

[scootr]

If the trailer is not permitted or in zone (setback) violation it could be interesting.

 

[Sigarms]

If the trailer is not permitted or in zone (setback) violation it could be interesting.

Zoning really isn't big or enforced in our county.

The trees are getting older, but none are dying, Pretty much ever Leland tree that has fallen was blown over by high winds (with so many, almost guaranteed at least one falls when higher winds come around). For some reason, our particular area is in a area is susceptible to high winds.

In the past, when doing a google search on our road, the old pull along trailer was shown as being right next to the trees (it's really the only place to put something that has level ground). Now, the actual trailer shows up in the image, but talking with another neighbor, they remember when the pull along trailer was put there.

End of the day, I'd have no qualms having all the trees by the trailer removed, however, if I'm being proactive, my honest opinion is we shouldn't have to pay for them all removed.

Perhaps I'd feel differently if when we moved here, I planted the trees next to the trailer when there were none next to the trailer. However, and although I can't prove it, I have a feeling that in the past there was a peeing match between the old homeowner / landowner and an older farmer up the road (we've been told pretty much that as the previous owner and his father didn't get along with this other farmer) put the trailer there to tick off the previous owner of our home. Other farmer has since died and he gave his land to the new guy (who is doing a great job of farming it). However, the trailer as bad as it was in the past looks wise and inside wise, still generates a monthly income for him.

As mentioned, I will do what is legally required on our end.

 

[RjCorazza]

Uhmm. I always believed in my area that a falling tree was an act of god, and that each property owner is responsible for their respective damages regardless of the condition of the tree.

Apparently in Maryland, if the tree is dead, dying, or otherwise hazardous, the tree owner can be liable for damage to adjoining property under certain conditions.
If the tree owner receives notice of the hazardous tree, or if he / she "should have known" about it, they can be liable. The "should have" is apparently divided into rural or suburban areas, where rural property owners are generally not expected to know of hazardous trees on their properties.

I planted several long rows of Leland Cypress trees 25 years ago as natural barriers. Unfortunately, my research was off on the trees adult diameter and they are now encroaching on (2) neighboring properties. Not by much... Some lower branches extend over by 5' or so. I have a standing offer with the neighbors to trim these back to the property line on my dime. If I felt the trees were hazardous, I would cut them down and not expect any assistance.
Everyone's situation is different, with laws varying on the topic. I am curious what the OP discovers in his jurisdiction.

 

[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.