Another tree question

[Mad Prophet]

What is the name of your state (only U.S. law)? California

My neighbor has a large lot with many large trees. Every two years or so, and in a line extending from a creek, one of the trees falls. In 2009, we informed the owner that one of the trees had limbs which threatened our home. Days later, she sent arborists out and they trimmed the tree. In 2011, that tree split in a storm, crushing my home. My insurance paid for the damage. Even today, they have not paid the tree removal company, but that is a separate issue. Right now, the next tree in that line is overhanging my home. Today, a 30' limb broke free, just missing my home. Months ago, I notified the other owner of the situation. I found the property had passed to the son and he couldn't care less. Given that there is a history and that the trees are likely diseased, does he have any responsibility? I thought if they were notified and the tree was diseased, the owner was responsible. Is that true?

 

[OK-LL]

What is the name of your state (only U.S. law)? California

My neighbor has a large lot with many large trees. Every two years or so, and in a line extending from a creek, one of the trees falls. In 2009, we informed the owner that one of the trees had limbs which threatened our home. Days later, she sent arborists out and they trimmed the tree. In 2011, that tree split in a storm, crushing my home. My insurance paid for the damage. Even today, they have not paid the tree removal company, but that is a separate issue. Right now, the next tree in that line is overhanging my home. Today, a 30' limb broke free, just missing my home. Months ago, I notified the other owner of the situation. I found the property had passed to the son and he couldn't care less. Given that there is a history and that the trees are likely diseased, does he have any responsibility? I thought if they were notified and the tree was diseased, the owner was responsible. Is that true?

You have the ultimate right to trim any limbs which cross your property line, at the property line. The neighbor will be held liable for damage from falling limbs only if you can prove that the tree was damaged (dead or rotting) and the owner was or should have been aware of that condition -- meaning it was apparent in regard to that specific tree, not that other trees between hither and yon have fallen (anything or nothing could be causing that). Otherwise, when god smacks you with a neighbor's limb, it's your wake up call.

 

[Mad Prophet]

I appreciate the feedback but we're talking thousands of dollars. I simply am not in a position to absorb that. I have notified the owner about this specific tree and included the information about the other trees in an effort to show that there is a likelihood that this tree could be diseased like the others.

I've read in related threads that damage from trees known to the owner do become the owners responsibility. That's the question I'm asking.

 

[Zigner]

You have a duty to mitigate. You will want to have the work done and then you can seek to recover it from the other party.

ETA: You may wish to consult with a local attorney. Maybe even have said attorney write a strongly worded letter. That may help the other party take action before you have to.

 

[Mad Prophet]

From another thread..

please read Am Jur 2d on adjoing lands, you can find this at most court house law libraries or colleges.

Private nusiances, if your trees roots threaten someones sewerlines you may be held liable. If your trees limbs threaten someones preoprty you may be held liable. Also, some one may be able to come one to your property to abate a nusiance created by your property under the theory of innocent tresspasser.

While the law is clear that a person may abate a nusiance to his or her property, one is not under a duty to resort to self help. They may avail them selves of the courts through injuctions, and orders to have the individual who causes a nusiance to abate it at at their cost.

Bill


So would this apply?

 

[anteater]

please read Am Jur 2d on adjoing lands, you can find this at most court house law libraries or colleges.

Private nusiances, if your trees roots threaten someones sewerlines you may be held liable. If your trees limbs threaten someones preoprty you may be held liable. Also, some one may be able to come one to your property to abate a nusiance created by your property under the theory of innocent tresspasser.

While the law is clear that a person may abate a nusiance to his or her property, one is not under a duty to resort to self help. They may avail them selves of the courts through injuctions, and orders to have the individual who causes a nusiance to abate it at at their cost.

Bill


So would this apply?

Maybe... If Bill learned to spell.

 

[latigo]

What is the name of your state (only U.S. law)? California

My neighbor has a large lot with many large trees. Every two years or so, and in a line extending from a creek, one of the trees falls. In 2009, we informed the owner that one of the trees had limbs which threatened our home. Days later, she sent arborists out and they trimmed the tree. In 2011, that tree split in a storm, crushing my home. My insurance paid for the damage. Even today, they have not paid the tree removal company, but that is a separate issue. Right now, the next tree in that line is overhanging my home. Today, a 30' limb broke free, just missing my home. Months ago, I notified the other owner of the situation. I found the property had passed to the son and he couldn't care less. Given that there is a history and that the trees are likely diseased, does he have any responsibility? I thought if they were notified and the tree was diseased, the owner was responsible(?). Is that true?

"Responsible" for what?

Can you hold the owner accountable for damage to your property occasioned by a known sickly, unstable tree? Yes.

Can you legally compel the owner to remove the sick tree or trim growth threatening your property? No.

Can you remove growth encroaching upon/under/over your property? Yes, so long as it doesn't make a healthy tree sick.

[SUP]Anyway, that is my take and I'll stick by it until somebody proves me wrong, which I will no doubt ignore[/SUP].

 

[Mad Prophet]

So, short of selling things to finance trimming someone else's tree, you're saying my sole remedy is to wait for it to damage my house? There's some sort of logic behind that?

 

[Zigner]

So, short of selling things to finance trimming someone else's tree, you're saying my sole remedy is to wait for it to damage my house? There's some sort of logic behind that?

The logic is that you can't sue for "what-ifs". I mean, what if you win the lottery and move? What if you win the lottery and buy him out?

 

[Mad Prophet]

Thank you. That does make sense. I'm just very frustrated right now. The neighbor in question inherited a vast sum where I am on a fixed income and have been for years. I'm also physically limited or I'd take on the problem.

Now it seems that I have to find a way to mitigate the possible damage - unless spelling challenged Bill is correct - in order to be able to defend myself in the event that becomes necessary.

I completely understand that my first paragraph has nothing to do with the law or my standing. It's just part of the frustration.

I thank everyone for their help.

 

[latigo]

So, short of selling things to finance trimming someone else's tree, you're saying my sole remedy is to wait for it to damage my house? There's some sort of logic behind that?

It is also illogical to frame a lawsuit on the word "if" as in speculation or as in prophecy, Mr. Prophet.

Besides only Forrest Gump and Rory McIlroy enjoy a perfect world.

[SUP]God came close when he invented France, then spoiled it by inventing Frenchmen.[/SUP]