If a tree limb (large) falls on my property but doesn't break off completely, am I responsible for trimming

Question

Am I responsible for trimming and taking care of the almost fallen off limb? It is my neighbor's tree and on their property. It may be possible to brace and tie up the limb, what do you think?

Answer 1

Where are you? In the UK, if a tree limb overhangs somebody's property, they are normally responsible for trimming it (be careful here, though - neighbour wars have been known to start for less).

Answer 2

Can the limb damage anything that would result in a major repair or cost alot of money?

As a home owner your obligated to do what you have to do to protect your property.

For example, lets say this tree limb is above your car. If you know about the problem and continue to park your car under it for several months until it falls off completely. You can't sue your neighbor for damages to your car if you had the oppertunity to fix the issue..

If its the neighbors tree and the issue looks serious, I would think they are the ones responcible to cut it down.

The only time you would be responcible for cutting it is if the tree was perfectly healthy and you didn't like the part of the limb hanging over your property.

If they refuse to cut it down, you then need to document it was dangerous taking pictures and take them to court to recover your costs.

If the limb was in an area like an open yard where it can't cause any damage, I would leave the issue alone unless you where concerned about any kids or animals playing around it.

Answer 3

usually, although, in situations the position bushes belonging to at least one resources proprietor fall on and harm or damage adjoining resources, the tree proprietor is purely responsible for harm if some failure to maintain the tree contributed to the wear and tear. If the wear and tear become totally the properly results of a thunderstorm or act of God, the tree proprietor isn't responsible, because the wear and tear ought to no longer were foreseen. If a tree limb looked precarious and the owner did not keep the tree after warnings, the owner would properly be responsible for ensuing harm at the same time as a typhoon motives the limb to fall. If, although, the tree become properly maintained and a typhoon motives a tree limb to crash right into a neighbor's roof, the tree proprietor isn't responsible. If the tree proprietor enables the tree to strengthen so as that it uproots the fence, it will be seen an encroachment onto the adjoining resources. In that celebration, the tree proprietor will be required to get rid of the offending tree. A boundary tree is one planted on the boundary line itself and could no longer be bumped off with out mutual settlement. Leaves which fall off and finally end up on adjoining resources are seen a organic incidence and are the duty of the landowner on whose resources they finally come to relax.

Answer 4

Take photos before you do anything.

If you have home insurance, contact them and they can play with neighbour's insurance company, let them figure it out.

However, you can clean up your yard whenever you want as the thing is on your property.

You are under no obligation to "brace the limb, etc." not feasible or practical.

Your neighbour is responsible for clean-up immediately or at your convenience. I suggest that you talk to the neighbour about cleanup first.

If you need to contract an arborist (professional tree groomer) keep your receipts.

Alas, legal discourse is next level if cooperation is not forthcoming.

Hope your all can work things out amicably.

Answer 5

Any branches that are over your property are fair game, however, if you want to preserve your relationship with your neighbor, I recommend asking him what he want would like to do with his tree. Rarely can a branch be re-attached and trimming may be the best thing to do for the tree. If the limb is very big you may want to seal it with a chemical found in nurseries that protect the tree from disease and insect infestation.

Answer 6

This is legally and definitely your neighbor's responsibility but nothing is stopping you from working together on the project. I hope this isn't one of those bad neighbor problems, is it?

Answer 7

read metrodish's answer... or be a nice neighbor and offer to help cut it up.

Answer 8

Talk to your neighbour and see what you can do. you should be able to come up with an agreeable solution.

Answer 9

cut it off

Answer 10

why are you not asking you neighbor what they want to do about it?