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

[4570Man]

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

I disagree with that. They’re subdivision lots it’s not like just moving the garage 80 foot off the bordering property was a valid option. Assuming he meets any setback requirements in place why is he not entitled to build his garage on his property using his money anywhere that he wants? There’s not many people here that would really honor what they’re preaching by giving up their own property especially a big portion of it just because the neighbors trees are a hazard.

 

[4570Man]

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

If the stump was splitting the border that might be true but they were on my side.

 

[Gem99ultra]

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.

I found this to be exactly right due to experience after Hurricane Ike. If the tree is on your property the neighbor has the right to trim any limbs that intrude on their property - no more than that. If you were aware that your trees might fall and cause damage to their property, it's your tab.

Even so, I would think that a good neighbor would share some of the responsibility, but advice from your insurance carrier and/or your lawyer would be the deciding factor.

 

[4570Man]

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.

We aren’t “neighbors” or friends. It’s not that we didn’t get along either I’d never met the guy prior to this encounter. He had to use public records to even find me. I own a vacant lot that backs up on the next street over to his property. When the first tree fell that luckily missed his garage it’s likely the court would rule an act of God and he would be responsible for damage. When he approached me about several other trees that were just as sketchy I’d have been responsible for any future damage from those trees. He paid a tree guy to cut up the one that did fall. He didn’t ask me for compensation for that and I didn’t offer. Had he of asked me before hand I’d have probably handled the cleanup.

 

[JJT]

With over a mile of property line I have a few property line blow downs every year. I have an agreement with my neighbor, (a very good neighbor), that any tree that blows down onto his property is his. The wind blows toward his property 95% of the time, so that's where the blowdowns go. He's happy for the firewood and I'm happy to avoid the serious cutting and cleanup. The key here is "good" neighbor.

I know that any of my property line trees that blow down are my responsibility here in NY. I'm just fortunate to have a good neighbor. When he starts to clean up the hedgerow blow downs I head over with a chainsaw and chipper, he takes the firewood and does most of the heavy lifting, I do minor cleanup. Good neighbors are priceless.

 

[Dftodd]

I disagree with that. They’re subdivision lots it’s not like just moving the garage 80 foot off the bordering property was a valid option. Assuming he meets any setback requirements in place why is he not entitled to build his garage on his property using his money anywhere that he wants? There’s not many people here that would really honor what they’re preaching by giving up their own property especially a big portion of it just because the neighbors trees are a hazard.

We weren't discussing the garage. We are discussing trees on the property line

If my neighbor built something on his property, then starts complaining because there are trees near the property line, I would tell him to stuff it. Unless the tree was dead or dieing. Then I would remove it.

 

[MossRoad]

I would tell him to stuff it.

Sorry in advance... reminded me of this...

 

[dodge man]

So you have some tall trees along your property line, say 100 feet tall. Your neighbor is not suppose to build anything within 100 feet? I don’t think that is reasonable and I bet the laws agree with me.

 

[Fuddyduddy1952]

People around here planted Leland Cyprus and they all blew down when a wind storm came through. They must not have much of a root system.

 

[riptides]

People around here planted Leland Cyprus and they all blew down when a wind storm came through. They must not have much of a root system. View attachment 787117

A little water and he is all clean!

 

[Dftodd]

So you have some tall trees along your property line, say 100 feet tall. Your neighbor is not suppose to build anything within 100 feet? I don’t think that is reasonable and I bet the laws agree with me.

It's also reasonable to expect that if your neighbor does something on their property, that it's not gonna cost you money.

 

[2manyrocks]

People around here planted Leland Cyprus and they all blew down when a wind storm came through. They must not have much of a root system.

I suspect the problem could be the ground gets saturated this time of year, but the leland still has foilage that traps the wind so the wind is able to blow them over where a tree that doesn't have any foilage would survive the same wind.

The wind blew down a cedar tree in front of my house last week, but didn't blow down any of the other trees around it so I think the foilage caught the wind. I had been thinking about cutting the cedar, but got lucky because the wind planted it exactly where I would have tried to drop it.

 

[MossRoad]

You think these trees cause a disagreement here on TBN? Read this! Yikes!

From here:

Leyland cypress - Wikipedia

en.wikipedia.org

Legal aspects[edit]​

The plant's rapid growth and great potential height can become a serious problem. In 2005 in the United Kingdom, an estimated 17,000 people were at loggerheads over high hedges, which led to violence and in at least one case murder, when in 2001, retired Environment Agency officer Llandis Burdon, 57, was shot dead after an alleged dispute over a leylandii hedge in Talybont-on-Usk, Powys.[18]

Part VIII of the United Kingdom's Anti-Social Behaviour Act 2003, introduced in 2005, gave a way for people in England and Wales affected by high hedges (usually, but not necessarily, of leylandii) to ask their local authority to investigate complaints about the hedges, and gave the authorities in England and Wales power to have the hedges reduced in height.[24] In May 2008, UK resident Christine Wright won a 24-year legal battle to have her neighbour's leylandii trees cut down for blocking sunlight to her garden.[25]

Legislation with similar effect followed in Northern Ireland, Isle of Man and Scotland.

 

[Torvy]

As a tangent, I am looking for a good screen to plant along my property on the side adjacent to the road. Maybe these would be a good option for me?

 

[riptides]

As a tangent, I am looking for a good screen to plant along my property on the side adjacent to the road. Maybe these would be a good option for me?

Yes. And or giant green arborvitaes.

 

[RjCorazza]

As a tangent, I am looking for a good screen to plant along my property on the side adjacent to the road. Maybe these would be a good option for me?

Other than planting mine 5' too close to the property line, my Leland Cyprus trees have been great for us. I forget the gallon size they were when planted, but they were around a foot or two. It took a few years to grow up to 6 -8 feet and fill in, I would say by year 5 they were a nice screen. They are 20 some years old now and perhaps 30-40' (?) high.

 

[Torvy]

Nice. 6-8' would be fine. 30-40' will still be shorter than my pines.

 

[m7040]

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.

Did you get a doctor to diagnose your shoulder pains?

 

[Sigarms]

Did you get a doctor to diagnose your shoulder pains?

Remember it well. 13-14 years ago, me and 2 buddies on the upper Gauley on a summer release, running a pretty high level as they needed to dump some water. Next day, shoulder was killing me (I was pretty a pretty good paddler back then, but running a low volume play boat in some bigger water gave my shoulders a pretty big workout).

Next week went in for the pain, arthritis in the shoulder. Hmmm...6-8 years ago, full shoulder replacement was the recommendation from two different guys. 3rd time and 3rd x-ray, the guy didn't even have to look hard to tell me my shoulder is shot.

The issue is I've been told I'm a bad candidate because I can still get by and I may not be pleased with the operation afterwards because for the most part, as long as I watch myself, I can deal with the pain.

However, found out a while ago when I'm working a chainsaw or kayaking or any other heavy "regular" lifting, I'll be in pain at night to the point where it's hard to sleep.

At my age (late 50's), I'll most likely wait until I hit my mid to late 60's. By that time, figure I'll still work part time doing stuff I love, but I won't be expected to go up on commercial buildings anymore LOL

 

[m7040]

Remember it well. 13-14 years ago, me and 2 buddies on the upper Gauley on a summer release, running a pretty high level as they needed to dump some water. Next day, shoulder was killing me (I was pretty a pretty good paddler back then, but running a low volume play boat in some bigger water gave my shoulders a pretty big workout).

Next week went in for the pain, arthritis in the shoulder. Hmmm...6-8 years ago, full shoulder replacement was the recommendation from two different guys. 3rd time and 3rd x-ray, the guy didn't even have to look hard to tell me my shoulder is shot.

The issue is I've been told I'm a bad candidate because I can still get by and I may not be pleased with the operation afterwards because for the most part, as long as I watch myself, I can deal with the pain.

However, found out a while ago when I'm working a chainsaw or kayaking or any other heavy "regular" lifting, I'll be in pain at night to the point where it's hard to sleep.

At my age (late 50's), I'll most likely wait until I hit my mid to late 60's. By that time, figure I'll still work part time doing stuff I love, but I won't be expected to go up on commercial buildings anymore LOL

As long as you can manage the pain you should be OK for now
I am seeing a doctor next week for my shoulder pains. Will see what he says. Hoping for an easy fix