Legal Problems for Man Who Had His Neighbor's Trees Cut Down

[THAT Gurl]

Yeah ... We used to get along with these neighbors too. And I trimmed their tree up the property line because this tree had taken out our power at least twice ... Maybe 3 times I'd have to ask Grumpy.

On top of all that, the branch that fell on me broke off at the trunk and flipped as it hit other branches on the way down. When that happened it caused the thick, heavy end of the branch (the end that broke from the tree, not the end with the lighter, more dispersed branches and leaves) smacked me square across the back from my left shoulder across my spine to my right hip. Talk about lighting someone up. When I came to -- it's funny buy for a while I thought I didn't lose consciousness when my head hit the concrete -- but now I distinctly remember when I came to.

Weird, huh?? It is interesting how a closed head injury affects you. You can be so damned sure of your recollection of events and then months later realize that maybe you WERE unconscious for a period of time. It's been an adventure, that's for sure ...

 

[THAT Gurl]

This is actually accurate in insurance policies. Any healthy tree has no liability, only one that is dead, rotting, damaged etc. While not ideal, it is case law.

It would be really nice if something happened to change case law. It seems absolutely ridiculous to me that someone who owns something that is CLEARLY dangerous, even if it's healthy, should not be liable for damages their property causes.

Especially if this healthy tree was KNOWN to drop branches in the past, and the INJURED party had done EVERYTHING they could to mitigate damages ...

I know, I know ... Common sense is usually nowhere in sight when the law is involved.

 

[Dorkus]

It would be really nice if something happened to change case law. It seems absolutely ridiculous to me that someone who owns something that is CLEARLY dangerous, even if it's healthy, should not be liable for damages their property causes.

Especially if this healthy tree was KNOWN to drop branches in the past, and the INJURED party had done EVERYTHING they could to mitigate damages ...

I know, I know ... Common sense is usually nowhere in sight when the law is involved.

Don't shoot the messenger, I completely agree with you. I spent too many years in the insurance business unfortunately so I know more about this stuff that I want.

I too admit that I chain sawed my neighbors trees down where they came into my yard in the last ice storm while they were bent low enough to reach.

 

[JonnyRocco]

I had it out with a neighbor last year. He cut up 3 trees of mine that were about a foot inside of my property line. He topped one, cut the back off of another and all but sawed down the third tree. It cost him $10k. I was awarded the minimum of 3 times the appraised value plus attorney fees. If I could have proved he was spiteful in his actions, the judge could have awarded me up to 10 times the value. By statute first they must ask and if you object, they must not bother anything within your boundary. In your instance it being an act of nature, the neighbor might not owe you damages.

 

[Dorkus]

I had it out with a neighbor last year. He cut up 3 trees of mine that were about a foot inside of my property line. He topped one, cut the back off of another and all but sawed down the third tree. It cost him $10k. I was awarded the minimum of 3 times the appraised value plus attorney fees. If I could have proved he was spiteful in his actions, the judge could have awarded me up to 10 times the value. By statute first they must ask and if you object, they must not bother anything within your boundary. In your instance it being an act of nature, the neighbor might not owe you damages.

I had to trim hers down, if not it would have damaged the fence real bad after the weight snapped them. The funny thing is I don’t think she ever even noticed.

 

[THAT Gurl]

I had it out with a neighbor last year. He cut up 3 trees of mine that were about a foot inside of my property line. He topped one, cut the back off of another and all but sawed down the third tree. It cost him $10k. I was awarded the minimum of 3 times the appraised value plus attorney fees. If I could have proved he was spiteful in his actions, the judge could have awarded me up to 10 times the value. By statute first they must ask and if you object, they must not bother anything within your boundary. In your instance it being an act of nature, the neighbor might not owe you damages.

I'm not sure if you are responding to me or to the OP. In my case I am well aware ... But the legal question in my case is that even healthy trees are known to drop branches as they age. I believe the tree in question here was planted in 1965. It had dropped perfectly healthy branches before this incident. "Act of God" or not they were on notice from previous incidents that their tree was prone to losing branches in both wind and ice incidents.

This tree is at least 100-125 feet tall. The last storm that blew through here blew several (at least 3 that I know of) old growth trees over from the roots. One of those trees killed someone who was IN their house. This tree is literally 35-40 feet from the SW corner of our house. The corner that are the 2 outside walls to our bedroom. If that tree falls "this" way it will destroy not only half or more of their house as well as half or more of mine. How they are not acutely aware of the danger they are in is beyond me.

I truly believe there is a case to be made that these old growth trees in neighborhoods like mine are an attractive nuisance and that the owners of such should be liable for the injury, death and/or damage their property causes outside their property line. The fact that, as the law is now, someone's property (the tree) could actually destroy your home and kill you, you (or your estate and relatives, depending on how things fall (pun intended ) have no recourse is absolutely unjust on it's face ... And needs to change.

 

[Shadowrider]

This tree is at least 100-125 feet tall.

Cottonwood? If so it's getting long in the tooth. I had one that belonged to my neighbor just on his side of the fence at my house in Moore that was probably 15 feet max from my roof's edge. It dropped several branches and one grazed my guttering once which was pure luck. That was the little one too.

When I was reading up on them I saw that they are fast growing and only live around 50 years. I had an arborist quote me $1500 just to trim the very few branches that needed it even with my fence. One of them was wayyyy up there and it stretched waaaay over my yard. Shaded out my grass on the west. It would be at least double that now and it hasn't been that long ago.

 

[THAT Gurl]

@Shadowrider Nope -- not cottonwood ... It's some kind of oak. And the 2 arborists I spoke to about it said oaks really do not belong in residential neighborhoods. Of course there is also one across the street that is every bit as big. And a couple of maple trees next door -- and that if it comes down will take out all three of our vehicles.

Yet I can't do anything but trim the branches up the property line and then pay foe damages to my property when it happens anyway ...

 

[264killer]

I have heard that utility co would drive a long brass nail in a tree that was causing problems. To kill it.

 

[THAT Gurl]

I have heard that utility co would drive a long brass nail in a tree that was causing problems. To kill it.

OMG don't tempt me ... (if any defendants' lawyer reads this I'M JUST JOKING!!