Tree dilemma

[tigerglen]

I own a rental property that has a large tree in the back corner of the property, as near as I can tell, the tree straddles the property line with my next door neighbor. The tree forks at the base and one half curves over my neighbors property and the other half curves out over mine. The half over my neighbors property has a very large limb that has split from the tree and is threatening to fall on the fence of the neighbor in back.

Who is responsible to remove this dangling limb, or pay for the fence if it falls.

Thanks you for any help.

 

[army judge]

You are responsible for removing the overhanging limb.
You are responsible to pay for the repair of your neighbor's fence if the limb falls onto his fence or yard!

But, if you have homeowner's insurance, you can report the damage to them.
They in turn will send out an adjuster to review the damage.
Eventually, they will reimburse your neighbor for your negligence.

Why not be proactive and hire a tree surgeon to remove the limb?
That way, everyone stays happy.
It is also cheaper than what your insurance rates will be after they pay the claim on your behalf.

 

[tigerglen]

If I bear responsibility, doesn't my next door neighbor own at least half of that liability since the tree is on our property line?

 

[army judge]

If I bear responsibility, doesn't my next door neighbor own at least half of that liability since the tree is on our property line?

Go ahead, make that argument, others have and they've lost.

It is, by your own admission, your tree.




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[jharris352]

Army, if a tree is on the line, partially on one partially on the other, who's tree is it?

 

[army judge]

Army, if a tree is on the line, partially on one partially on the other, who's tree is it?

Usually one party will claim it.

If not, they litigate it.

I've heard of both parties being co-owners. It's rarer than it belonging to one or the other.

It all depends on how the fence was placed.

Usually fences are erected a foot or two inside the homeowners property line.

If that is the case, it's all on one person's property.

When neighbors go "halfsies" on the fence, that's where it gets confusing.

Usually a survey is ordered, if folks can't come to terms.


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