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Dead Trees near neighbor's house

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thejude8822

Junior Member
Georgia,
My neighbor confronted me expressing concern about two dead trees on my property that slant toward and near her house. When I went out back to look I saw she was storing a leaking oil drum and a natural gas tank right under them that I feel probably killed them. All other trees not near the oil drum are healthy. Would I still be liable if one of them fell and damaged her house? Should I contact an arborist?
 


LdiJ

Senior Member
Georgia,
My neighbor confronted me expressing concern about two dead trees on my property that slant toward and near her house. When I went out back to look I saw she was storing a leaking oil drum and a natural gas tank right under them that I feel probably killed them. All other trees not near the oil drum are healthy. Would I still be liable if one of them fell and damaged her house? Should I contact an arborist?

Yes, you should consult an arborist.
 

justalayman

Senior Member
The lp tank has caused no issue. Lp vaporizes instantly upon release from the tank so even if it did leak (which it wouldn't do for very long) the gas would blow away into the atmosphere.

The leaking oil drum;

Depends what kind oil, how much it's leaked and for how long. It is likely to cost you considerably more to prove in court the oil inured the tree than it would to have a company remove the tree...and you would still be liable for the damages your tree causes since regardless of why the tree is dying, the fact you know your tree is a danger has put you on notice.

You might have a separate action against the neighbor for damaging the tree but that doesn't abrogate your liability for damages your falling tree may cause.


So you can try to prove the neighbor damaged your trees and attempt to seek compensation for costs to remove the trees or you can just remove them and be done with it. Regardless, if your tree falls and causes damage, you are liable for it.
 

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