If a property line runs through a tree...

[What_the]

@Really_Not_All_That_Bright

If it was a healthy tree, your neighbor is generally absolved of liability under the “act of God” doctrine. For example, if a hurricane ripped off your roof and deposited it in a lake, the EPA is hardly going to demand that you pay for it to be dredged. In other words, you/your homeowners’ insurance carrier pays to remove it. Same thing with branches.

If the tree was dead or dying, then things are a bit more complicated.

Incidentally, I meant there were four main rules (Hawaii, Virginia, Mass, Restatement) in the post above, not three.

I was thinking more in terms of clean-up rather than liability. I’m hearing the the neighbor would have no responsibility. Would he have any rights to it if he wanted the wood… for firewood or maybe it’s a relatively valuable hardwood?

How does the concept apply to anything else belonging to my neighbor that might blow into my yard due to an act of God?

[UltraVires]

@What_the

I was thinking more in terms of clean-up rather than liability. I’m hearing the the neighbor would have no responsibility. Would he have any rights to it if he wanted the wood… for firewood or maybe it’s a relatively valuable hardwood?

How does the concept apply to anything else belonging to my neighbor that might blow into my yard due to an act of God?

It would be no more his hardwood than a hundred dollar bill would be his if it was blown out of your hand and landed on his doorstep. That’s where property vs. liability is separated. If it is your property, you may always reclaim it. If it is damage (natural debris with no value that the neighbor has to clean up) then it goes back to the time honored principle of torts that “all liability is based upon fault.”

If a hurricane blows debris into your neighbor’s yard, you didn’t do anything wrong so you aren’t liable. Now, if you negligently failed to secure something of property so that it should not have been blown, then he may perhaps have a case, but in most states, a property owner has no duty at all to make natural conditions on his property safe to other property owners.

That river that runs through your property with a swimming hole and deep undertow with jagged rocks that the neighbor kids swim in all of the time? Light a cigar and watch them drown. You have no duty. Your tranquil pool that you didn’t put a fence around and a kid drowns? Get ready to pay $$. (in most states, IANAL, etc.)

[chappachula]

@cynyc

One guy built himself a deer stand on my prop. I guess the trees on the line are mine because…

cynyc…don’t guess! Ask professionals. A surveyor will mark your property line, and a lawyer will tell you if you’re in potential trouble. (Yes, it will cost you money.)

I am not a lawyer, but I think you need one.
If people are hunting (and maybe getting shot accidently) on your property, or just climbing up trees (and maybe falling down and breaking their necks)…isn’t that something you (and your insurance agent) ought to be aware of?

(of course, I don’t live in rural Georgia, so maybe your situation is perfectly normal and legal down there. I dunno)

[UltraVires]

@chappachula

If people are hunting (and maybe getting shot accidently) on your property, or just climbing up trees (and maybe falling down and breaking their necks)…isn’t that something you (and your insurance agent) ought to be aware of?

Probably not. In most states (don’t know about GA) a landowner owes no duty of care to trespassers. The only thing he cannot do is to be willful, wanton, and reckless to them. (Such as electrifying the deer stand so they get burned when they enter).

Also, most states (again, not sure about GA) have Recreational Use statutes which absolves landowners of liability when he allows people to use his land for certain recreational activities (like hunting) without a fee.

Either way, the OP should clear this up with the landowner because it seems, at minimum that people are hunting on his property without permission. Most of the time a chat will solve more than what months in court will solve. And cheaper.

IANAL. YMMV. This does not create an attorney-client relationship, nor does it constitute legal advice.

[What_the]

@jtgain

It would be no more his hardwood than a hundred dollar bill would be his if it was blown out of your hand and landed on his doorstep. That’s where property vs. liability is separated. If it is your property, you may always reclaim it. If it is damage (natural debris with no value that the neighbor has to clean up) then it goes back to the time honored principle of torts that “all liability is based upon fault.”

If a hurricane blows debris into your neighbor’s yard, you didn’t do anything wrong so you aren’t liable. Now, if you negligently failed to secure something of property so that it should not have been blown, then he may perhaps have a case, but in most states, a property owner has no duty at all to make natural conditions on his property safe to other property owners.

That river that runs through your property with a swimming hole and deep undertow with jagged rocks that the neighbor kids swim in all of the time? Light a cigar and watch them drown. You have no duty. Your tranquil pool that you didn’t put a fence around and a kid drowns? Get ready to pay $$. (in most states, IANAL, etc.)

I think I understand what you are saying. If my neighbor’s tree falls down on my yard he can either just leave it there for me to deal with or come onto my property to take it back.

I assume that I’d either have to allow him onto my property or make the effort to move it to his property for him.

If I let him handle it he’d probably would have to clean up after himself but would probably be able to leave any mess (small branches or indentations in the sod) that were clearly a result of the original act of God rather than his cleanup efforts.

[Bookkeeper]

In Ontario, you can trim any branches extending over the property line (not to the extent of damage, though), but the trimmed branches, and any branches or fruit that fall on your side, must be returned to the tree owner. I expect this law is geared more to agricultural situations rather than suburban back yards.

[What_the]

@jtgain

It would be no more his hardwood than a hundred dollar bill would be his if it was blown out of your hand and landed on his doorstep. That’s where property vs. liability is separated. If it is your property, you may always reclaim it. If it is damage (natural debris with no value that the neighbor has to clean up) then it goes back to the time honored principle of torts that “all liability is based upon fault.”

If a hurricane blows debris into your neighbor’s yard, you didn’t do anything wrong so you aren’t liable. Now, if you negligently failed to secure something of property so that it should not have been blown, then he may perhaps have a case, but in most states, a property owner has no duty at all to make natural conditions on his property safe to other property owners.

That river that runs through your property with a swimming hole and deep undertow with jagged rocks that the neighbor kids swim in all of the time? Light a cigar and watch them drown. You have no duty. Your tranquil pool that you didn’t put a fence around and a kid drowns? Get ready to pay $$. (in most states, IANAL, etc.)

Maybe I didn’t understand with post #25 after all.

If his tree falls in my yard I get to keep it? If something of value blows into my yard I get to keep it?

[Really_Not_All_That_Bright]

No. He means the opposite: that if your $100 flew away and landed in his yard, it would still be your property.

[VOW]

Aha!

The fruit from the neighbor’s tree that hangs over the property line is YOURS. It’s “windfall.”

However it is only for your consumption and enjoyment. You may not set up a produce stand and sell it.
~VOW

[What_the]

@Really_Not_All_That_Bright

No. He means the opposite: that if your $100 flew away and landed in his yard, it would still be your property.

OK… then my questions in that post about what one has to do to help somebody get their property from your yard still apply. I realize that nobody is required to answer it though.