Neighbor's tree fell on my property, now ???

[Fuddyduddy1952]

A few years ago I bought adjoining property which had a neighbor's cows on it. My insurance company said they wouldn't insure me since they weren't my cows so agent told him they had to go which he did (along with a gate that was there when I bought it...but he strung barbed wire & I didn't say anything.
We have horses and everything has been ok except that neighbor has been pixxed at me.
Yesterday I'm checking fence lines and a large tree split 30ft up and half is now in my pasture. Tree is on that neighbor's property.
I just called my insurance company and was told it's my responsibility (it was a healthy tree, wind damage). I have a high deductible.
Tree isn't touching fence, but over it.
We put horses in a fenced paddock because of all things it's a wild cherry which can kill livestock eating leaves.
The problem is getting to the tree would have to be on neighbor's side. I guess I would have to pay.
Anyone have this happen?

 

[grsthegreat]

I have 20 acres of trees, and my trees or neighbors trees are always falling across fence lines. We each clear our side of the fence. Never been an issue. I usually repair the fence if needed. Its only field fence so not hard to fix.

Its cheep to clear, would never think of contacting insurance company. Once a large tree fell on my house. But caused no damage to structure. I also took cae of this myself. No insurance involved.

 

[ponytug]

@Fuddyduddy1952 We do pretty much the same as @grsthegreat. If it falls on our side, we cut and dispose of it. If the limb is still attached, high up, that would put it in professional territory for me.

As your neighbor seems a bit crossways, I would reach out first, and get whatever the answer is in writing, making it clear that the leaves are toxic to your animals. In the interim, I would temporarily fence the area off from the horses. I would hate to lose an animal to poisoning.

All the best,

Peter

 

[Shblack]

@Fuddyduddy1952 We do pretty much the same as @grsthegreat. If it falls on our side, we cut and dispose of it. If the limb is still attached, high up, that would put it in professional territory for me.

As your neighbor seems a bit crossways, I would reach out first, and get whatever the answer is in writing, making it clear that the leaves are toxic to your animals. In the interim, I would temporarily fence the area off from the horses. I would hate to lose an animal to poisoning.

All the best,

Peter

Why in writing? That is just likely to antagonize, the neighbor has no liability based on what the OP wrote.

 

[2515R Dude]

Take a Sixpack and go talk to him. He might end up a nice guy. You have nothing to lose but a lot to win

 

[ponytug]

Why in writing? That is just likely to antagonize, the neighbor has no liability based on what the OP wrote.

Just to avoid later finger pointing so that everyone is clear, and yes, a prickly neighbor makes things more challenging. If it were me, I would go ring his doorbell and try to talk to him first to get things straight and then follow up with the written material. Some folks are great at face to face, some not so much. I know which camp I am in- I definitely could not sell ice to igloo owners.

My limited understanding is that the law around here treats the property line as a vertical plane. (But I'm not a lawyer!) So if the branch is completely on @Fuddyduddy1952's side of the fence, cutting it up might not be an issue, but if the branch isn't entirely on his side, e.g. still partially attached to the tree, I think that the law gets complicated. I've read of cases where the branch side property owner cut up the material on their side and the tree owner sued alleging damage to the tree because of the way the branch in question was trimmed.

So...my bottom line is that sometimes it isn't always simple, but I do not know the best course of action for @Fuddyduddy1952, except perhaps for keeping his horses away from the area until things are sorted out.

All the best,

Peter

 

[JeepHead]

I would just cut up what's on your property and be done with it.

 

[Fuddyduddy1952]

My other farmer/friend I called & we went over looking at it. He & I will work on it later...he believes with his large tractor we can strap it up high, "throw the fuel & oil to it" and we can pull it on over...peeling what's left up high "like a banana".
I'll try remember take my phone/camera & report back.

 

[Suburban Plowboy]

Typically the law requires you to deal with anything that falls on your land. It may not be what you want to hear, but it's true. There is an exception for a tree known to be unsound.

I have had all sorts of trees go over fences. Either I fix them myself or I work with my neighbors. No point in calling an insurance company for something we can do for nothing in an hour or two. I never even heard of the idea of using insurance until now. That would be a royal pain.

 

[JeepHead]

My other farmer/friend I called & we went over looking at it. He & I will work on it later...he believes with his large tractor we can strap it up high, "throw the fuel & oil to it" and we can pull it on over...peeling what's left up high "like a banana".
I'll try remember take my phone/camera & report back.

oohhhh, I see your dilemma.... it's still connected to the tree at the topside, and that part is on the neighbors property. That does make things a little more difficult. I would cut it right where it comes over the fence and let his part swing back to his side, and you deal with the side you have left on your side.

 

[Suburban Plowboy]

If you know how to bore cut and use wedges, you can handle weird jobs like this safely.

Just nibble at it from the top branches down until you get close to the fence, and go from there.

 

[2manyrocks]

If it is split enough that it will peel off, I'd be inclined to get it down instead of leaving it hanging. But use a long enough strap or cable so you are clear of it when it falls.

 

[JJT]

My other farmer/friend I called & we went over looking at it. He & I will work on it later...he believes with his large tractor we can strap it up high, "throw the fuel & oil to it" and we can pull it on over...peeling what's left up high "like a banana".
I'll try remember take my phone/camera & report back.

"we can pull it on over..." A couple of inches of wood will surprise you with its strength.

I'd simply make the tree disappear and ask for forgiveness if the neighbor has an issue.

I'm lucky, my neighbor usually does cleanup before I do, even if the tree falls on my side. I've said it before, good neighbors are priceless.

 

[Topzide]

Around here, the tree owner has to have a form letter sent by certified mail and filed with county for them to be responsible. When a tree falls, it's treated as an "act of god" and you just need to buck up and take care of it.

 

[Suburban Plowboy]

Here is the kind of fun tree I'm used to dealing with. I believe that trunk was about 15 feet off the ground, and the tree had two other trunks. Extremely dangerous. I cut it all by myself.

 

[2manyrocks]

Did you climb to cut it?

 

[Suburban Plowboy]

No way. I'm too much of a hack to have climbing skills. This job didn't require anyone that skilled. The tree was dangerous, but patience and planning took care of that.

I kept nibbling at the top ends until I could get at the place where the trunks joined. I used the tractor to yank the tree around to make cuts easier. I dismantled it. Took a few days, off and on, but I didn't have to pay a tree guy $2000, and it was fun.

I had a tree snap in my driveway. A big oak. It broke maybe 25 feet up, and the trunk stayed attached at the break. The tree's top fell across my driveway.

I could not get up to the break in the trunk to cut it, and it would have been incredibly dangerous, so I asked two companies to quote me for making one cut and putting it on the ground. That's all. Just drop it and leave. The lowest price was $800, for, literally, 15 minutes of work.

I got a fishing pole and cast a weight over the trunk at the high point. I used the fishing line to pull a bigger line over it. I kept going until I was able to pull a tow strap over the trunk.

I attached the strap to a chain. I attached the chain to my tractor. I pulled the trunk down, and I was ready to go. Sawed it up and took it to the burn pile in maybe 90 minutes.

Somebody could have made an easy $400, but they were too greedy. Arborists have defended the companies that blew it, but any time you can make $400 for a few minutes' work, you have no excuse for turning it down.

 

[Suburban Plowboy]

Saws used to seem expensive, but now I realize an $800 saw is dirt cheap compared to paying people.

 

[EddieWalker]

I'd had several clients that have had neighbors' trees fall on their house in town. In every case, it was up to them to remove what was on their side of the property line. Then pay for the damage that it caused to their house. Insurance covered most of it, but they always make it harder then it should to get paid, and they always change their requirements on what is to be done, and what they will pay, after the work is done.

I refuse to deal with them, all my billing goes to the home owner, and then they can fight with their insurance to pay them what they agreed to pay them before the work started.

For something out in the country like this, it's nice when you have a neighbor help with the clean up, but I wouldn't even ask. I would just get it done and move on to other projects.

 

[Fuddyduddy1952]

I've been piddling with it. I got a tow strap on it, on truck hitch and it just snapped the strap!
After checking more I'm thinking it's hickory.