Neighbor's dead tree is leaning against my oak and threatening to fall on my property

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Joe wrote:

I'd be in favor of waiting a week to see if they take care of it. That is sufficient consideration for a "good neighbor". If it is still leaning then, call your code enforcement authority - the tree has been a hazard for a year (proven by the fact that it came down) and good neighbors, even stupid ones, don't leave hazards in place.
A few weeks ago, a palm tree in our condo property came down on a very windy day. Some palms are eaten up by termites, as was the case with this one. The trunk broke about six feet from the ground and the sound it made was amazing - thought at first it was a sonic boom because the shuttle was about to land.
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Have your insurance company talk to his. If this was storm damage he may be covered by his insurance and can get the tree removed for the cost of his deductable which nmay or may not be a good deal.
JImmie.
Jimmie
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Contact your city hall, they might have advise and take action for you, talk to him. If it was a good tree and just fell it would not be his fault, but since its been dead 1 yr he knows it, he is negligent not to take care of the issue, he is responsible. Maybe you can get your City Code Inforcement dept or whatever dept to talk to him, they might even ticket-citate him if he doesnt take care of it fast. Now its of harm to people so your city might act for you quickly.
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First thing I would do is mention it to the neighbor, presented as a safety issue and see what they say.
From a legal perspective (here) alive or dead once it crossed the property line, the part that crossed the line became your property and your problem.
Since it sounds like the bulk of the tree remains on their property where you have no rights you have to work with the neighbor or let your local code enforcement office deal with them.
A dead tree leaning into another property and threaten the safety of property, children or pets would be a 24 hour notice to correct in these parts.
When the city gives you 24 hours to correct a problem it tends to become "maintenance that is absolutely necessary".
Colbyt
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My family and I often camp when we look for a suitable camp site trees like this is one of the first things we consider. They are called "widow makers".
Jimmie
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A situation like this is the MOST dangerous tree situation there is - so far as taking down the tree. Many professionals would not touch this except with a bucket truck and/or heavy equipment. So don't even think of this as being a do-it-yourself project!
With that said, a professional tree service would need to be called to safely remove the tree. And this would be quite expensive.
And either your neighbor has the money to pay for this or they don't.
If they don't have the money to pay for this, then there is nothing they can do! Period, end of story!
So I suppose if that is the case and you want safety for your kids, then you would need to pay for it.
I suppose if it got to that, you could contact an attorney and have the attorney arrange a repayment contract with the neighbor or some other legal means of getting your money back.
"Joe" wrote in message

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Bill wrote:

When it is a safety issue, or the owner ignores orders to do something - like mow high weeds - the city might do it and sue the owner. If the city orders removal and the owner(s) fail to comply, then it probably goes to court.
The OP didn't state the size of the tree or how much is on which property. I suppose if the majority of the tree is on the OP's property, it might now be his responsibility to remove what is over the line.

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On Wed, 29 Apr 2009 05:36:08 -0700, "Bill"

If the neighbor dosn't have the ability to pay for the work, it would be smart to let the city handle it at that point. They will take the tree down and attach a lien on the property until the bill is paid.
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snipped-for-privacy@dog.com wrote:

But, if the tree is now in the OP's yard, he may receive the bill.
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Incidentally, depending on how the fallen tree is leaning against your oak, it could threaten the health of your tree, and VERY QUICKLY. So, if I were you, I wouldn't spend too much time thinking about what to do next.
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Ask the neighbor. If you get a cold shoulder and no cost sharing... Then call your insurance company to send out an adjuster. Yours and the neighbors' insurance companies will decide how to pay the bill. Tree cutting is probably the most dangerous occupation, unless you do it regularly I'd leave it up to a contractor. It is a hazard after all.
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Joe wrote:

for any of my damages or clean-up costs if he was negligent in ignoring a hazardous condition that would predictably lead to my damages. For example, if a large, apparently healthy, over-hanging branch from his tree broke off and fell into my house or yard, he is not liable. If his tree was obviously dead and leaning my way, I would have a case in MD. Bottom line: You need to check your state laws if the situation cannot be resolved by a neighborly discussion.
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Peter wrote:

State laws generally do not dwell on situations such as this. They instead rely on the common law handed down for the past eight centuries.
Drummed into my head over and over in law school was the mantra "Everything you need to know about contract law can be encompassed by the study of three things." These three things were: Pits, Fences, and one other that I forgot. I want to say it had something to do with mayonnaise, but I'm sure that's not right.
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You might try posting to misc.legal.moderated. Tell what state you are in. --H
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On Wed, 29 Apr 2009 13:11:04 -0500, snipped-for-privacy@invalid.com wrote:

As pointed out by others, tree law can vary significantly from area to area -- it might be the neighbors responsibility, it might be the OP's responsibility (at least for the part now over the property line), it might depend whether the tree was known dead or got knocked over in a storm, etc.
In any case, it should be removed ASAP -- talk to the neighbor first, pointing out the danger; that may be enough to get it taken care of. If not, find out the law in the area and contact whomever is needed to help with that (whether that's the local authorities, a tree trimmer, your insurance company, etc).
Josh
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Josh wrote:

Certainly, if the tree was dead, the neighbor may have more responsibility than if it had been a healthy tree. Dead trees are an obvious hazard.
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On Apr 29, 2:11pm, snipped-for-privacy@invalid.com wrote:

It certainly isn't the law everywhere or I would suspect even most places in the US, where much of this is based on common law. Generally, just because a tree is on HIS property and falls onto YOUR property, doesn't mean he's responsible. If it was a tree that had no obvious problems and just fell one day, then in most cases the person who's property it was on is not responsible. Examples of this happening could be that it was brought down by a wind storm or had internal rot that was not apparent from the outside.
On the other hand, if it was obvious the tree was dead or had a problem and the property owner did nothing about it, then he probably is liable.
If you have a legal reference that says otherwise, let us have a look.

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Joe wrote:

That oak tree is your property and you have a right to have them remove their tree from against your property. Thats no different than them parking in your driveway.
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Big chain, bigger winch. Put it back where it came from.
Thomas.
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