The tree is so large, half of it hangs over my property. If we got another big storm (who knows in Chicagoland) they could brake off and fall on our garage and/or autos. Who's responsible for getting the branches cut off? Is it totally theres? Should we offer to pay for half? I don't want to be a jerk about it. This probably needs to be taken care of before we get a heavy snowfall...
2007-09-03 17:55:37 · 12 answers · asked by Annieme71 1 in Home & Garden ➔ Garden & Landscape
According to the law, whatever side of the property line the tree is on it belongs to that person. You can trim any pieces on your side up to the property line, but they are technically responsible. The site below explains tree law issues.
2007-09-03 18:07:15 · answer #1 · answered by honeylover1979 2 · 0⤊ 0⤋
Laws differ on this from state to state, but the general rule is as follows;
The neighbor has ownership of the tree because it is rooted on his property. You, by law, have a right to trim any part of the tree that hangs over the property line at your own expense. Should the tree or any part of it fall onto your property and cause damage, your neighbor is only liable if you can prove that there was an immediate danger and he was grossly negligent in that he did not remove the danger. Gross negligence is very difficult to prove, and most courts will not charge a property owner unless there is documented proof that the property owner was notified that danger was eminent. Your homeowners insurance covers any damage that may occur, no matter who the tree belongs to.
I would suggest speaking with your neighbor about your concerns, and coming to an arrangement to take care of the problem before it digresses to the point of becoming anyone's fault.
2007-09-04 01:40:24 · answer #2 · answered by Rappel_Welch 4 · 0⤊ 0⤋
It is your neighbors tree, they are responsible. If they do not cut it and it damages your property, they are responsible. If you want to foster a good relationship maybe you should go over and offer to help him when he decides to trim it and let him know you are concerned that it may damage your vehicles ot your garage. Perhaps he just didn't think about it. And you cannot cut it yourself unless he says so in writing that is notarized or you will be setting yourself up for a lawsuit if his tree dies after you cut it. He could sue you for thousands of dollars to replace it. So be nice, offer to help and see what happens. If nothing comes of it, decided if it is worth the bad blood to take him to court or should you just move your vehicles out of the way of the tree and hope for the best.
2007-09-03 18:06:43 · answer #3 · answered by James Watkin 7 · 0⤊ 0⤋
It's their tree and their responsibility. You should talk with them about getting it taken care of. If they refuse, you can get it trimmed and send them the bill. You may have to go to Small Claims Court to get a judgment for the bill, but it's likely you'll win.
As an arguing point, paying to fix your garage or auto could be an even bigger expense.
Good luck.
2007-09-03 18:03:49 · answer #4 · answered by The Phlebob 7 · 0⤊ 0⤋
It needs to be taken care of now before more storms come your way. Your neighbor is responsible for the tree, but they may not have the money to pay for having it removed. If you want to be a nice kind neighbor, offer to help pay to have it removed. Also this is a self-preservation situation for you.
I know of one whole neighborhood who pitched in to help an elderly neighbor have a tree removed.
2007-09-03 18:09:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Contact your local council. Laws are different depending on where you live and the council will quickly give you the correct advise.
In Australia you can trim anything hanging over your yard but you must return the trimmings as they still belong to the property the tree grew from.!!
2007-09-03 18:22:16 · answer #6 · answered by red260z 3 · 0⤊ 0⤋
Just call a lawyer at the court House they can help determine who's at fault usually the first talks are free and they don;t cheat you out cause they work for the court house.
Good luck
2007-09-03 18:44:06 · answer #7 · answered by Wyldfire 3 · 0⤊ 0⤋
It is your neighbours responsibility as the main of the tree is on their property.
If they refuse to do anything, report it to your local council as a dangerous situation.
The council will likely fix it and at their discretion charge the neighbour.
2007-09-03 18:03:16 · answer #8 · answered by Forgotten 2 · 0⤊ 0⤋
Legally I think it's their responsibilty if it is their tree. But, if you don't want to be a jerk, then you could offer to help. Cause that's just nature.
2007-09-03 18:02:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Talk to your neighbor about it, & if he/she won't (or can't) trim the tree- tell them you WILL (but out of your OWN pocket- to keep the Peace). Keep it friendly- express your (legitimate) concerns & see what happens. Good luck! :)
2007-09-03 18:10:42 · answer #10 · answered by Joseph, II 7 · 0⤊ 0⤋