Tree branches falling on my property from neighbors--who must clean them up?

Question

During a snow and ice storm the large brances from their tree snapped off and fell on my property. Who is liable to clean these branches away?? They are very heavy and a lot of them and cost would be expensive to remove them.
Neighbor is a very thick headed woman and should not have planted this tree so close to the property line in first place- Along with that its right next to a retaining wall which is starting to collapse.
Thank god you dont have a neighbor like this ....

Thanks for any information anyone may give ( legally)

Answer 1

Generally called an act of god or nature, and it is your responsibility not your neighbors'. A GOOD neighbor would of course come over and remove them, which is a social obligation, but legally she has no obligation at all. You should be able to cut off any limbs that overhang your property, however.

Answer 2

Start with having a professional look at the retaining wall. If it's a public safety issue, the tree will have to go to prevent further damage to the wall. If the tree isn't going to damage the wall any further then,
Send her a certified letter in the mail, telling her your plans to prune all the branches that overhang onto your property if she doesn't make arrangements to have the tree litter that falls on your property picked up and paid by her. Give her 10 days to respond to your request. Tell her that if she doesn't respond with a written letter within 10 days from the receipt of your letter, then you will be making arrangements to have the tree pruned at the property line. This will get her attention and let her know that you are serious. If she doesn't respond get the chainsaw out about 6 in the morning and start pruning, making sure that you stay on your side of the property.

Answer 3

You and your neighbor have a big Cypress tree growing on the boundary line between your two properties. The tree has been there since long before you moved in. Your neighbor said it was planted about 50 years ago by the man who originally subdivided the property, Old Mr. McPherson. It’s never given you any trouble over the years, but lately it’s begun to look a little scraggly. Small branches are dropping out of it and it looks like it could really use a haircut. Something nasty and brown is oozing out of on your side too. Your arborist tells you the tree is senescent, which means older in tree years than Old Mr. McPherson must be in people years by now. He also says you might want to have it removed, because it really isn’t going to get better and it might even start dropping larger branches or fall over altogether right on your roof. “Notice how it’s leaning,” he says. Now that he mentions it you do and rush to call your neighbor to help pay for its removal. Since the tree is on the boundary, you assume the neighbor will have to pay half the cost of its removal and planting some more suitable variety. But unexpectedly, he balks, pointing out that most of the tree’s trunk has grown on your side of the property. Besides, it’ll fall on your house, not his, so he doesn’t see why he should have to pay for it. Does he? In California, the rule is that when two owners share a tree, both share the cost of its upkeep or liability for its lack of upkeep, in proportion to how much of the trunk is on whose side of the line, which is not always easy to determine. (If the trunk is wholly on one side, even if the tree leans or the branches hang over on the other side, the tree is said to belong to the owner of the property on which the trunk stands.) Neither owner may do anything to damage the other owner’s interest in the tree. If there’s a dispute about who owns the tree, a survey may be the answer. See if the neighbor will share the cost. It’s always a good idea to know where your property line is in any event. A lot of our subdivisions were laid out before modern survey techniques became commonplace, and the old landmarks have been destroyed, sometimes cut down or paved over. In this case, the tree is clearly a nuisance and poses a hazard. Since it is partly growing on the neighbor’s land, I would ask him to contribute to its removal. The fact that it’s leaning over your house and not his doesn’t shield him from any liability. In fact, if it falls and damages your property, he will be at least partially responsible. Point this out to him politely over a neighborly cup of tea or glass of Chardonnay, to make the cost more bearable. Fruit of the Boundary Tree....................................... Suppose your boundary tree is a nice big McIntosh Apple or Bartlett Pear? Or hung with bright persimmons? Assuming you share the trunk of the tree, the fruit hanging over each owner’s line would be the property of that owner. If the tree trunk is entirely on one property, however, it wouldn’t strictly be a boundary tree and the fruit would be the property of the owner on whose side the trunk is growing. If the overhanging branches themselves become a problem, you would have the right, under common and California law, to trim the branches back to the property line. The question arises, what about the fruit? Surprisingly, you do NOT have the right to the fruit, even if the branches hang over your yard. Technically, you’d have to pay for the fruit, if you cut back the branches. At least I think you would. I have not found any reported California cases on this subject, such disputes being more the product of rival orchards in the 1800’s than neighbors of today. So, it’s unlikely the neighbor will sue you over a few apples. But it’s better to keep on good relations with one’s neighbors. So ask permission first. You’ll probably get it and you can make apple pies for both. If you can’t resolve these or other property related problem with a neighbor, consider going to mediation. The County has a low cost mediation service and many towns operate their own. A qualified arborist can give you an evaluation of the health of the tree and if all else fails, talk to an attorney experienced in tree and property matters.

Answer 4

Anything hanging over the property line can be trimmed by you. I would trim the tree vertically along the line. So what if it looks like crap?

But she is not responsible for cleaning up your yard. that's your responsibility. You may win in court but is it worth your time?

Don't listen to the morons that say put the limbs in her yard. She will sue you and win big time.

Answer 5

Sorry guy, but the branches are yours. . If they were rotten and just FELL down, they are hers, but van act of god, which is the weather, causing it, they are yours to clean up. You also have the right to cut any branches that overhang your property. But dont go on her side to do it. And please dont listen to those who advise putting them on her property. You WILL regret it. Be a good neighbor and just do it. Good luck.

Answer 6

Since the tree is on her property, it is her responsibility....it is essentially littering your yard. However, if she is as thickheaded as you say, don't expect her to go along easily, you may have to force the issue via a lawyer or the city.

Answer 7

Usually, if it is on your property it is your problem. Even if her tree fell on your house it would be your insurance claim, not hers. In most cases you are allowed to prune anything that overhangs into your yard even if it is her tree- but it will be your expense (I'd double check with the town first.)

Answer 8

some neighbors can be hard headed I know, but try to get along. you never know you may need her in an emergency. you can get more with sugar than you can with dog poop. if you know what I mean.

Answer 9

If you want it done without trouble. You do it. A little at a time.

Or you could put her tree limbs in her yard. That is always an Idea.

We have one, they damaged our $1000.00 Brick mail box and refuse to fix it. Nice, don't you think???

Answer 10

It sounds like she does not care. It will probably sit there until you deal with it.

I would get the branches and put them on her property.