our neighbor burned some leaves, sticks, etc. in the ditch behind our house almost on the property line (we are not sure exactly where it is) but the tree where he burned died and is leaning toward the fence he just put up. Taken the tree is on our side of the line, if it falls on his fence who is responsible even though he killed the tree by burning it? (when he was burning it I joked with him about how he was going to kill it.) I can call an attorney for advice, but the offices are closed now. but if anyone knows anything about this let me know. Thanks
2006-09-25 10:20:39 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If the tree is on your side of the property line then you are responsible for it. Even though he killed the tree if it falls he could take you to court to pay for damages unless you take him first for killing the tree.
2006-09-25 10:32:36 · answer #1 · answered by nana4dakids 7 · 0⤊ 0⤋
Generally a falling tree is an act of god and nobody is responsible for removal or damages. (If you want to live with a rotting tree trunk laying across your fence, that's your business) However, where someone causes the tree to fall, it becomes his responsibility. You don't say what kind of tree is involved but generally it is exceedingly difficult to kill an adult tree by burning something near it. You normally have to burn the whole tree including trunk & roots -- to kill it. So my guess is your neighbor is not responsible. If you get into a fight, you'd need to get tne expert opinion of an arborist to prove he is.
2006-09-25 17:44:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I doubt that you could make the case that his burning killed the tree. Even if it's true, could you show any evidence? Could you even prove he ever burned stuff there? I'm not even convinced that if he killed it you would no longer be responsible.
Consider a case I heard about on the radio a few years ago. A woman at McDonalds threw her cup of soda at her boyfriend, and it hit the ground and spilled everywhere. Shortly thereafter, while they were still arguing, she slipped in it and hurt herself. She sued Mcdonalds. The court judged that McDonalds didn't clean it up in time; she won more than $100,000.
This to me says that if you have time to deal with the situation before something happens, you are responsible. II'm no lawyer, but I see how this could get messy for you in a hurry.
2006-09-25 17:34:17 · answer #3 · answered by rabid_scientist 5 · 0⤊ 0⤋
the one who killed the tree. he is responsible for his own fence. he is an idiot i am glad i dont live next to him. Good Luck.
2006-09-25 17:24:01 · answer #4 · answered by Kate T. 7 · 1⤊ 0⤋
HE IS,ACT OF GOD!
2006-09-25 17:29:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋