Ice storm tree damage

[candg918]

What is the name of your state? OK

A neighbor's tree has storm damage affecting our property. We have already cleaned up the limbs that landed in our yard. One large limb is partially broken off and is touching our roof. Whose responsibility is it to pay for its removal? It has been this was for nearly 2 weeks and has not fallen on its own accord.

(I am not in a real generous mood right now as we cut the limbs for firewood and had them stacked on our property. The neighbor came onto our property and took the firewood without permission. Note, he had several days to drag the limbs to his property and cut them himself. He cleaned his property and stacked the debris on our side of the driveway but waited for us to do the hard work.)

Thanks.

 

[JohnBLZ]

I'm not a lawyer and this is not legal advice, just one's musing.

1) You have every right to trim limbs overhanging your property line. I would think that if such limbs fell onto one's property that you could reasonably expect to assume ownership of them.

2) The ice storm would be considered an act of God. Unless you had reason to believe that a danger existed because of said limb prior to the ice storm AND notified the neighbor who owns said tree. You're SOL. You can cut it down yourself or you can call your home insurance company and speak to them about filing a claim.

Taking no action on what could be reasonably considered a potential threat to your property might be cause for an insurance company to deny a claim for any damage from such.

 

[candg918]

The ice storm caused the damage. The damage is on the neighbor's side of the property line but the branch - 20 to 30 ft long - overhangs onto our property. Any trimming would need to be done at the trunk - i.e on the neighbor's side of the line. It would not be possible to trim the limb without trespassing on the neighbor's land. The houses are only 10 feet apart - 5 ft per lot; the tree is planted in their 5 ft area between their driveway and the property line.

I know that had the limb fallen on our property during the ice storm, it would be our problem. It appears unlikely to fall unless there is more winter weather. The limb is jeopardizing our house but we cannot correct the problem from our side.

The tree sustained significant other damage which is unlikely to affect our property. I'd like to get the problem solved before the limb has a chance to damage our house.

 

[xylene]

Why haven't you demanded the neighbor remove the limb that is damaging your property?

Are you already in some kind of peeing contest with the guy?
It sure sounds that way.

I also am not getting how you plan to dry firewood in a 5 foot lot.

 

[lawstud]

Damages?
First off if a tree branch from a tree that is on your neighbors land damages your property by falling on your house, car, etc you should get it repaired and then give him the bill and tell him to file a claim with his homeowners insurance.

If does not you can sue him in small claims court for the money. Slam dunk case you win.

If he does submit it to the insurance company and they get lazy and hold out on you, a quick mention to the insurance company that you'll have an attorney call, usually gets them moving pronto.

Acts of god concern proximate cause for negligence claims. In this case its a trespass to chattel.

-------------
Branches overhanging your property?
Imagine an invisible wall going to the sky along the property line, anything overhanging it at that point you can cut off there. Just what is over your land, not the entire branch.
Usually you can ask your neighbor to split the cost of trimming the tree. I've had people ask, I can't think of a time they agreed, they want you to pay for it all or do not want any part of the tree touched.

A neighbor near me some 15 years ago took a chain saw and cut 5 huge trees down on some fellows land while he was out of town. Obviously without trees his property had a view, but the unlucky guy could not prove he did it.

 

[candg918]

First, local media has made the point that the "act of nature" means that we are responsible for debris on our property no matter the source. I was not certain if our particular situation fell into this description.

I did not want to alienate him with the request that he address the problem if it is my problem. It sounds like I should put the neighbor on notice to take care of HIS problem. Based on my experience at my other house, this will be an expensive fix and will not be something someone would do without some pressure.

Thanks.

 

[xylene]

I did not want to alienate him with the request that he address the problem if it is my problem.

I'm from New York.

Here's how I'd talk to the guy.

"Hey neighbor! Your f*ing tree is on my house. What are your going to do about it? Now."

 

[candg918]

I admit it; I am a wimp. I don't want to anger the neighbor unnecessarily since a disabled family member actually is the person living in this one of our houses. I don't need him harassed.

Thanks for all the advice!

 

[JohnBLZ]

Damages?
First off if a tree branch from a tree that is on your neighbors land damages your property by falling on your house, car, etc you should get it repaired and then give him the bill and tell him to file a claim with his homeowners insurance.

If does not you can sue him in small claims court for the money. Slam dunk case you win.

If he does submit it to the insurance company and they get lazy and hold out on you, a quick mention to the insurance company that you'll have an attorney call, usually gets them moving pronto.

Acts of god concern proximate cause for negligence claims. In this case its a trespass to chattel.
.

Not that I'm doubting you, but could you provide some OK case law showing such? I've been party to other experiences in KS. Educational opportunity

1) The tree limb was already overhanging her property/house. She assumed the risk by not taking action prior. This would be a claim on her home insurance wouldn't it?

2) Wouldn't you have to prove negligence for liability in this case? An ice storm of the magnitude that hit OK is an open/shut case for an Act of God. For example, tornado hits neighbors barn and blows sheet metal into your house that sits X number of feet away, damaging such. The tornado did not directly hit your house but the acts of such still caused damage. Homeowner insurance would cover such with no prejudice towards barn owner.

Am I out in left field with this line of thinking?

 

[HomeGuru]

Way to go JohnBLZ.