My parents have a lot of trees on their property, and some of the limbs break and fall off during storms. They frequently fall on a neighbor's property. I was wondering if anybody knows who's legal responsibility it is to pay to clean them up. A source would be useful too.
2006-10-05 11:44:38 · 36 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Where my parents live it's illegal to cut the tree down... I don't think this makes any difference, but I figured I'd add it so people stop telling me to cut it down.
2006-10-05 11:51:05 · update #1
Thanks for the info everyone. My parents and their neighbors have each been cleaning their own yards for the last few years. (Just as many of their limbs fall onto my parents' lawn as my parents' limbs fall on their lawn.) Now our neighbor wants to change the arrangement so that whomever's property the branches came from is responsible, and was talking about suing us if we disagreed. (It seems to me to just be simpler for each of us to clean our own yard, rather than figuring out which branch came from which tree, but I guess he doesn't see it that way.)
2006-10-05 12:19:52 · update #2
Wow there are a lot of wrong answers in here. If the tree is in good shape and shows no signs of problems and it falls on a house or fence or anything else next door to you, you are only responsible for your lot. If it falls on the house next door and damages there roof or car or anything else you are not held responsible they have to repair there own stuff at there own cost to fix it because its an act of God. I am in Real Estate and have this happen a lot. The key here is if the tree is in good shape. Now if the tree looks dead and had dead limbs on it and you do not fix it and it damages someones property then you are liable for the damage because of negligence. I hope this helps.
2006-10-05 13:03:07 · answer #1 · answered by remanagermark 3 · 2⤊ 1⤋
Well if you are talking minor limbs falling, obviosly the clean u cost is minor and anyone can pick it up without much of an issue.
However. if the limbs falling are substancial damages or cumulative damages to landscaping or other property, there is an issue of liability. The fact of the matter is you have a duty to make sure your tree is maintained, unless the neighbor is killing or pruning the tree.
2006-10-05 12:00:09 · answer #2 · answered by superchrisw 2 · 0⤊ 0⤋
Simple. It's your tree, it's your responsibility. You've already stated that during storms limbs break off. So you are aware that the branches need to be trimmed, or that the tree should possibly be cut down. It would be 100% your fault.
Source: An episode of The People's Court
2006-10-05 11:46:55 · answer #3 · answered by not2nite 4 · 1⤊ 0⤋
If a tree falls as a result of a storm, this is considered in law and by insurance companies as an "act of god."
However, if the neighbor could prove negligence-- like if the tree was rotten and your parents knew it and didnt cut or trim it back, they could sue-- but only under those kind of circumstances.
2006-10-05 12:36:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is your parents responsibility. It's their tree. It would also be their resposiblity if one of the limbs falls and damages part of the neighbor property like the roof.
Source: Have your parents call their homeowners insurance company and find out details.
2006-10-05 11:49:37 · answer #5 · answered by Pooky 1 · 1⤊ 0⤋
Your parents are legally responsibe because the bulk of the tree is on their property. This has happened to my parents at our house b/c we live on a hill w/ a lot of big trees. I would suggest to them that they have limbs cut ahead of time if they are close or lean over to your neighbors yard to avoid mishaps like these.
2006-10-05 11:48:09 · answer #6 · answered by butterball 3 · 1⤊ 0⤋
You can call the city for proof but your parents are responsible if their trees cause damage to another person's property. They need to trim the limbs to keep this from happening.
2006-10-05 11:47:33 · answer #7 · answered by Justsyd 7 · 1⤊ 0⤋
The person on who's property the tree grows (even if it overhangs the boundary) is responsible for any damage or mess it creates. The neighbour may elect to clear the broken limbs but technically they belong to you and he should return them. I guess he could also charge you for his time - but I have yet to see that one tried!
2006-10-05 11:48:48 · answer #8 · answered by Owlwings 7 · 0⤊ 0⤋
Sorry, but your Parents are responsible. I don't know if you want to go by this but on all the court shows it's always the owner of the tree that is responsible for damages.
2006-10-05 11:54:54 · answer #9 · answered by luckylindy0 4 · 0⤊ 0⤋
You (or your parents) are. No different than if your roof blew off and hit their house, it's still your responsibility. This can be avoided by keeping the trees properly trimmed and cared for.
Sorry, no source, but it's still right :)
2006-10-05 11:47:41 · answer #10 · answered by Anonymous · 1⤊ 0⤋