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The Water Cooler
General Discussion
Legal Problems for Man Who Had His Neighbor's Trees Cut Down
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<blockquote data-quote="THAT Gurl" data-source="post: 4065451" data-attributes="member: 45551"><p>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. </p><p></p><p>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. <img class="smilie smilie--emoji" loading="lazy" alt="🤷" title="Person shrugging :person_shrugging:" src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f937.png" data-shortname=":person_shrugging:" /><img class="smilie smilie--emoji" loading="lazy" alt="🤷" title="Person shrugging :person_shrugging:" src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f937.png" data-shortname=":person_shrugging:" /><img class="smilie smilie--emoji" loading="lazy" alt="🤷" title="Person shrugging :person_shrugging:" src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f937.png" data-shortname=":person_shrugging:" /></p><p></p><p>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 <img class="smilie smilie--emoji" loading="lazy" alt="😁" title="Beaming face with smiling eyes :grin:" src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f601.png" data-shortname=":grin:" />) have no recourse is absolutely unjust on it's face ... And needs to change. <img class="smilie smilie--emoji" loading="lazy" alt="🤷" title="Person shrugging :person_shrugging:" src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f937.png" data-shortname=":person_shrugging:" /></p></blockquote><p></p>
[QUOTE="THAT Gurl, post: 4065451, member: 45551"] 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. 🤷 [/QUOTE]
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