1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Windfall rule?

Discussion in 'Easements & Right of Way Law' started by Disabled Vet, Apr 16, 2012.

Thread Status:
Not open for further replies.
  1. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

    Messages:
    769
    Likes Received:
    202
    Trophy Points:
    43
    Neighbors tree blows down with the wind. The top of the tree falls into your property. If the neighbor cuts the branches off at the property line is this ok? The branches are small enough to cut off main tree on his property then dispose of them. Instead of doing that, they just cut off these small branchs off and let them lay on the other neighbors property. I think I understand the windfall rule but was wondering since the wind blew the tree over. Then they cut these small branches isn't it up to them to remove them? since i was their cutting that created the mess in the neighbor yard?
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    11,159
    Likes Received:
    1,876
    Trophy Points:
    113

    I don't get it... are you suggesting that the tree should be moved from the property line before being cut?
    Yes, essentially the person who owns the property from which the tree fell is responsible for the tree, but neighbors don't have a lot of input into the manner in which the cleanup is done... unless they want to do it themselves.
     
  3. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

    Messages:
    769
    Likes Received:
    202
    Trophy Points:
    43
    Thanks for answering mightymoose,

    Sorry you didn't understand the way I typed it out. I will try again.

    Neighbors tree falls down during a wind storm. The tree about 15 feet from the property line but enough that the top of the tree is laying into the other neighbors yard. This section is about 4 feet long, 6 feet wide (branches) sticking out. So the neighbor who owns the tree cuts the tree only to the property line. The part that is over the property line he doesn't nothing with. Now I understand if it's like a branch that was blown off. But this was a tree that was laying across the property line. Is it legal for them to cut only up to the property line, leaving the rest of the tree laying in the neighbors yard? Are they responible for clearing the rest of the tree?
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    11,159
    Likes Received:
    1,876
    Trophy Points:
    113

    Ooohhhh....
    Personally I would shove the remainder back into his yard for him.
    Or, you can talk with the neighbor and ask nicely that he finish the job in a timely manner since he is responsible for the tree.
    If he refuses you could potentially seek damages in small claims to recover whatever expense incurred by having to remove the remainder of the tree yourself.
    It isn't really a question of legality, it is one of liability between neighbors.
    Do you suppose that if the tree was in your yard and fell onto the neighbors house that he would expect you to pay damages?
    Try and reason with him.
     
  5. disagreeable

    disagreeable Well-Known Member

    Messages:
    2,739
    Likes Received:
    223
    Trophy Points:
    63
    Communication is the key here. He may be willing to clean up the remainder, however, not want to trespass on your property. I had a tree come down 2 years ago. It is cut up and still laying on my neighbors property. He does not really care. I'll get to it, when I finish cleaning up another tree, that is on my property.
     
  6. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

    Messages:
    769
    Likes Received:
    202
    Trophy Points:
    43
    There is no communication with this guy.... He is 100% jerk... There is a 20' easement for pedestrain easement between our homes. So it couldn't be from being afraid of trepress. He knows that most days I am in my wheel chair for moving around. My yard is something you would see in a home/garden book so I think he is trying to kill the grass back there. Also it's laying on the sprinkler head. I will call a buddy to come clean it up this weekend. One day this guy will answer to a higher power. I will go out and take pictures of any damage caused by leaving this section of the tree. Small claims court can make the call.
    Thanks for your input on this issue.
     
  7. anonymous

    anonymous New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    sorry, misread the date. couldn't figure out how to delete my post in its entirety.
     
    Last edited: Apr 17, 2013

Share This Page

Thread Status:
Not open for further replies.