My neighbor burns leaves and limbs under the tree and I think this is causing the limbs to become brittle and fall. One trunk of the tree does lean into the neighbors yard.
2007-03-20 08:52:40 · 11 answers · asked by pepperchaser 2 in Home & Garden ➔ Other - Home & Garden
He can trim any branches that extend into his yard without your permission. However, if he is hurt or his property is damaged by tour tree, then you are pretty much 100% responsible. Ask him if he will allow you to enter his property so that you can trim your branches. Most neighbors will allow you since you to do this since you are doing them a favor.
2007-03-20 08:58:29 · answer #1 · answered by Eldude 3 · 0⤊ 0⤋
The burden falls on the person who's yard it ends up in. If your neighbors tree falls on your house, you have to pay for it.
Reason being, if a wheel blew down the road in a storm and ended up damaging or injuring you....who's wheel is it.
It makes it easier to just say pay your own way.
2007-03-20 08:56:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Unfortunately it's your tree so it's your liability. Tell the neighbor to stop burning stuff under the tree as you don't want the fire getting out of control and burning your tree down.
2007-03-20 08:56:06 · answer #3 · answered by bassmonkey1969 4 · 0⤊ 0⤋
You are responsible if the limb falls to his property. Even if he is having barn-fires under the limb. Call your homeowner insurance co. just to make sure.
2007-03-20 09:01:52 · answer #4 · answered by wAnn2bEEfrEE 1 · 0⤊ 0⤋
You would be liable if the neighbor's lawyer can prove you have been negligent...if you have known about it, but hadn't done anything.
However, the neighbor's chance of collecting $$ in a lawsuit would be reduced by HIS degree of contributory negligence.
Did he do something that would make the branch fall? (YES)
Welcome to the world of torts.
2007-03-20 09:10:32 · answer #5 · answered by gg 7 · 0⤊ 0⤋
you should protect yourself by getting the neighbor on film doing the burning because it would be easy for them to file suit against you for damage done to them by your property and they would blame you for not keeping the trees on your property trimmed and maintained for safety
2007-03-20 08:57:07 · answer #6 · answered by princesstheruler 2 · 0⤊ 0⤋
I am not sure insurance wise but why not trim that limb now before it falls?
2007-03-20 08:56:19 · answer #7 · answered by mypfsman 2 · 0⤊ 0⤋
It also depends on whether he is on your property or not if it falls. If he is on his property and it falls on him, you could be sued. Even if he is burning something under it.
2007-03-20 08:58:23 · answer #8 · answered by takemymulligan 4 · 0⤊ 0⤋
I would call my ins. co. and tell them the situation. That way it will be on file if and when anything happens.
2007-03-20 08:57:17 · answer #9 · answered by DOT 5 · 0⤊ 0⤋
Your tree, your problem
2007-03-20 08:57:01 · answer #10 · answered by toothacres 5 · 0⤊ 0⤋