If you have a tree that is on your property which falls down and crosses the property line. Both you and your neighbor wants it for firewood, who legally gets it?
Same Q but if the tree breaks in half and one half is totally on the other property who gets it?
IANAL, but I believe what is on your property is yours. What’s not is not. A good-neighbor relationship would be the best solution. It shouldn’t be too much trouble to google this one.
A person’s property doesn’t suddenly stop being his/her property just because it moves. Look at it in a different way. Say your neighbor’s tree fell on your house and damaged it. Your neighbor refuses to pay for the damages because the tree is on your land so it’s your property. Would you accept that answer?
The person who owns the tree owns the wood and the fruit.
There is a good book available in most every library Nolo Press - Neighbor Law: Fences, Trees, Boundaries and Noise (Neighbor Law)
http://www.amazon.com/exec/obidos/ASIN/0873376501/104-7680493-6447947
Not sure on the ownership issue but if your tree fell on your neighbor’s house in my state you would not be responsible unless you were negligent in some way. (Tree was rotted damaged so on) It is considered an act of God. Similarly if your tree is picked up by a tornado and dropped a block away on someone’s house would you be responsible? It’s still your tree.
On a side note, if your neighbor’s tree limb extends over your property line you can trim prune or cut any portion that extends over the line.
Generally true, but if your cutting and pruning damages the tree, then YOU are responsible.
My neighbor’s tree is quite large. Anout 1/3 hangs over my back yard. I called the local park & tree commission and asked them what I could do. I was told I could have the tree trimmed back w/o the neighbor’s permission.
I was also told it would be best to send the neighbor a certified letter stating my intentions and to be sure to use a professional tree cutting service so that the tree would not be killed.
It depends, did he cause the collapse of the tree, or what it caused by the weather?
If he caused it, he should pay (or his insurance). If it was the latter, I suspect my insurance would pay for it.
Otto’s got it right. The standard common law answer is that you don’t lose possession of your property if it falls on another’s property, but the owner of the other property has the right to abate the nuisance - in this case, clear up the tree that fell on his property.
But, the owner of the other property cannot convert the tree to his own use, in this case, add it to his own cord of firewood. He can cart it off his property, put it back on your property, throw it in the dumpster - but he can’t act as if it now belonged to him.
At least, that’s what they taught me in law school. But all the standard disclaimers apply - the law may vary depending on what jurisdiction you’re in, and if the local legislature has amended it. Plus, this posting is not meant as a legal opinon, but simply to comment on a matter of public interest.
From my admittedly limited experience with homeowner’s insurance (gleaned from my six weeks or so on my new job), the neighbor and/or his insurance would be on the hook for damage caused by his property regardless of whether the neighbor did or didn’t act in such a way as to cause his property to damage yours. How my company would handle it would be to pay for the claim to the extent that our insured’s policy allows, then pursue the other insurance company or the neighbor for reimbursement. This is called subrogation.
Now, from a tort perspective the neighbor may not be liable if the collapse was caused by weather, as weather may be held to be a superceding intervening force, breaking the chain of causation between the neighbor’s acting or failing to act and the damages.
As always IANAL etc.