Thanks to Hurricane Isabelle a tree from my neighbor’s property fell in my yard. We’re talking 150 ft tall oak tree. I’ve known the tree was ripe to fall for some time now and told my neighbor to cut it down because it was most likely going to hit my garage when it did fall. Well it fell tonight and luckily missed my garage but it’s still in my yard. He would have no reason to move it on his own so could I hold him legally responsible for removing it from my yard? If it helps, I this house is in NJ.
I have no freaking idea. But if a 150’ tall tree fell in my hood it would involve several peoples’ property. haha. Call the City.
Of course he would have reason to remove it from your yard. It’s HIS tree! When the winds die down, give the police a call and take their advice.
If that’s the only damage from Isabel, count your blessings, and talk to your neighbor about how lucky you both were, and if there is anything you can help him with. Then ask him about help removing the tree, in a nice way, but with a wink.
When this happened on the People’s Court, the neighbor was responsible for his own tree. He should have cut it if it was unhealthy or looking like it might fall. So he had to pay for the damages to the house. For you, I guess that means he has to pay to have it moved. Key word here is “guess”…
Well he wouldn’t have any reason to remove it unless we asked him. The tree was on the edge of his yard which includes about 50 yards of woods before it even breeches on his functional yard.
Don’t anyone get the idea that people near my town are hanging out stranded on their rooftops. We just had high winds - I wouldn’t be surprised if this was the biggest thing that happened in a 40 mile radius.
It depends what theory of recovery you use.
If you bring a negligence case, you would have to prove that he knew the tree might fall over because it was damaged or diseased. If you can prove this, then he has to pay for your damages which would be the cost of removal, maybe damange to your fence, etc.
You might be able to bring a tresspass case. This does not require proof of his knowledge of the damage of the tree. However, I have never heard of a tresspass case succeeding, probably becuase a judge would just say its an act of god.
If he doesn’t clean it up, I would file a claim against his home insurer. If that doesnt work take him to small claims.
The largest oak tree of record is the Wye oak in the community of Wye Mills in Talbot County on Maryland’s eastern shore in the U.S.A. It is believed to be more than 400 years old, and it measures 32 feet in circumference, it is 105 feet tall with a crown spread of 158 feet.
Call Guinness…you got a winner. Too bad it’s dead. 
RIP Wye Oak.
First off, breach, not breech.
Secondly - I went out and took a look today in the daylight (after roadrunner70’s post) and saw the trunk of a tree that had fallen in a perfect 180 degree line from it (with only a 4-5 foot gap in between them) and added that in to my estimation by accident. Sorry, I only had a maglite and was viewing at a distance. It is a huge white oak and is 85 ft high.
Ask him who he has his home insurance with, and just call them directly.
That would be the fastest and easiest way to take care of it.
Maybe when you ask him that, he will just offer to help you with the tree so he doesn’t have a claim on his record.
Doesn’t anybody here watch This Old House? On one job they notified a neighbor by certified mail that the tree was a hazard. Once notified, the neighbor can be sued for negligence if the tree falls. The neighbor’s insurance company got wind of it as well, and the neighbor had the tree cut down. So, IMHO, since the insurance company in this case freaked, I would think that they have some responsibilty in such matters.
What if one is in a zoning district that requires all trees cut down be replaced with equivalent?
LemonThrower is on the right track.
“Your tree fell on my stuff” is one of my least favorite claims to handle because the “victim” automatically assumes the tree owner owes for damages. That ain’t necessarily the case.
If the tree is healthy and the owner would not reasonable have assumed there was a danger, then it’s God’s fault and nobody has enough dough to cever the kind of stuff THAT clown whips up. Therefore the victim needs to look under his own policy (Comprehensive for crushed cars, Building coverage for house & detached structures) for repairs. And yes, usualy you are out your deductible. Talk to your own insurance company for details about “debris removal,” it’s a crack up!
If the tree is obviously a zombie and is fixing to have a ittle lie down in the near future you need to be able to prove the neighbor was aware of the risk and negligent in not addressing it. You can do this by sending a certified letter explaining your concern (because you get a receipt from the guy proving that he got the letter). Once notified, the owner needs to act reasonably promptly to correct the hazard.
Unless a building was actually damaged in the fall I would suggest one or the other of you acquiring a chainsaw & some rakes, making some firewood. Then, once all is cleaned up, having a bonfire with a bunch of storm debris and drinking a few beers with the neighbor and, as suggested by barbitu8 , be thankful you have no damage and a couple of cords of seasoned oak firewood.
Sorry for the spelling errors. I’ve had too much coffee today.
A related question. Say that I his tree up that landed in my yard. Am I entitled to keep the wood?
(Note to self, PROOF before hitting reply)
I’m not a lawyer, but does the fact that it blew down in a hurricane change things? The tree blew down in the face of winds that were in excess of those that would be normally anticipated. Does a hurricane count as an act of God?
Also, have you checked with local governmental agencies such as the city or county to see if they are providing tree removal services as part of the emergency response? This could all be a non-issue.
What Matchka said. Assuming the neighbour is remotely neighbourly, don’t make this into a fight. If anything, I’d suggest asking the guy what he plans to do with the wood, with the unspoken implication that 1) he’s going to clean it up himself, and 2) he’ll do so because he wants the wood. I see no reason to bring legalities or insurance companies into a situation where there’s no damage, and a little elbow grease (and chain oil ;)) will clean things up.
Say that I his tree up that landed in my yard. Am I entitled to keep the wood?
I think the computer has been drinking, not us!
I think you’re asking, “If his tree ends up in your yard, is it then yours?”
Only if it makes a noise.
Check local ordinances. You can make a good argument for either way.