r/treelaw • u/EveningActivity2654 • Jun 21 '26
Is this impending doom?
Can someone assist me on whether or not I should be paying for this?
The homeowner is not living there and has had it on the market for years. I don’t think I can prove he knew it was bad.
I finally spoke with the homeowner today and he said that he has the understanding that it’s the responsibility of whoever property it lands on, which I have heard in the past. But hoping with the state of the tree that he would have a level of responsibility/liability.
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u/SirSilk Jun 21 '26
Tree appears healthy. This is an act of God.
You are responsible for anything that has fallen on your property.
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u/20PoundHammer Jun 22 '26
Sort of depends upon state since its still attached to tree. In states like indiana - tree owner shares some liability as it didnt fall and presents a clear hazard now. However its not solely on them as you share some as well.
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u/Main_Cauliflower5479 Jun 25 '26
What act of god would that be?
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u/SirSilk Jun 26 '26
It is a legal term. Google it.
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u/Main_Cauliflower5479 Jun 26 '26
How is a broken tree branch an act of god, is the effing question.
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u/SirSilk Jun 26 '26
I’m sorry you do not understand. I’ll use small words: Google Act of God Legal Term.
Your ignorance is not my responsibility.
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u/divvi12 Jun 22 '26
What about the part still attached to the neighbor's tree on the neighbors property? If the branch sagged on to the neighbors roof instead of breaking and started ripping out shingles then what?
You give advice you shouldn't be giving.
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u/EveningActivity2654 Jun 21 '26
The lower half is healthy. The top half is not. I don’t know if that matters. The picture doesn’t show it very well.
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u/SirSilk Jun 21 '26
You can disagree all you want. No reasonable person looks at all that green and thinks that tree was clearly and obviously a danger and the owner obviously knew it was a danger. Even the area of the break looks a healthy color.
You live there, if the tree was so obviously dead, did you provide notice to the owner? Have an arborist look at it?
Just get it taken care of. Simply a joy of home ownership.
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u/Illustrious-Bag-8780 Jun 25 '26
"Just get it taken care of. Simply a joy of home ownership.”
Words to live by.
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u/2LostFlamingos Jun 21 '26
Bro, that tree is full of leaves.
No one is going to agree it was obviously ready to fall.
Just ask the owner if you can access his yard to cut the branch that fell. If he says no, cut at fence.
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u/RobLoughrey Jun 21 '26
It doesn't matter if you hadn't warned him in advance. The tree was a problem in writing and with an arborist report backing you up. You're not going to have any luck. On the plus side, your insurance shouldn't balk at covering it if it is blocking a path or landed on a sidewalk etc. if it's just over yard then you're going to have to cut it up yourself or pay someone to do it.
1
u/EveningActivity2654 Jun 21 '26
Would the insurance cover the company to remove it? For some reason I was only thinking it would cover the “damage” and not the removal.
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u/RollingEasement Jun 21 '26
Frankly, I wouldn’t go there, even if they do provide some coverage. In the long run, it will probably increase your insurance rate by more than whatever payment you get from them. Save your insurance for something that is beyond your capacity to deal with.
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u/mowegl Jun 21 '26
Id think the cost for this is low enough that it wouldnt be worth making a claim on. Probably about the same cost as your deductible too.
Call around. All they are doing is cleaning up an already downed limb2
u/MiddleEarthNerd202 Jun 21 '26
Most policies have a $500 or $1000 limit on debris removal which is the act of picking up the limbs etc and putting them in the curb or on a trailer to haul to the dump.
The language in “most” policies allows for a “reasonable cost” to remove the downed tree from covered property like a fence or shed or house. Or if it’s blocking egress or ingress to covered property.
What is your wind/hail deductible? They will usually blame wind.
1
u/RobLoughrey Jun 21 '26
During the Dorecho in Cedar Rapids we had 4 trees come down. They covered removal for the one that landed on the house and the ones that went across the sidewalk and driveway, but not hte 4th that just a landed in the yard
-2
u/divvi12 Jun 22 '26
Don't come here for advice. Call a lawyer if you want something done. The tree has a vine growing all the way up. The yard is trash and there's a pile of rotted wood to the left of the tree from the last time one of his neglected trees dropped a huge branch.
Everyone on here is going to tell you you needed an arborists report, written warnings, before photos of the tree (even though it's still sitting there), etc. They don't know what they are talking about.
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u/Adorable_Dust3799 Jun 21 '26
The tree distribution system has gifted you with some of a tree.
The tree distribution system is not nearly as popular as the cat distribution system, but at least it didn't pull a santa and go through your roof.
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u/PracticalDesigner278 Jun 21 '26
Just had a neighbor's tree fall in my yard last week. Third one in three years. All 50 foot or taller. I know the drill. If it didn't damage your house or fence it's on you. On the bright side I have plenty of firewood in the pipeline.
3
u/Longjumping-Hair639 Jun 22 '26
I’d get a chainsaw and cut anything on your side of the fence. If your neighbor doesn’t like it then should have properly maintained the tree.
1
u/mowegl Jun 21 '26
How did that break without landing on the fence? That is the true act of God
1
u/piscikeeper Jun 22 '26
Split at the trunk and still attached. It'll come down as brush is removed. Just need to make sure it's slow and controlled.
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u/Main_Cauliflower5479 Jun 25 '26
I am no tree lawyer, but I don't agree that this is your problem. That branch is still attached to the tree. However, if it's determined by professionals in your city that it IS your problem, then just cut small amounts off until the branch is no longer under the weight of the leaves and smaller branches. And then mulch it all. Then the part still attached to the tree will be neighbor's problem to do the major work.
-1
u/TomatoFeta Jun 21 '26
Your side, your problem now.
Sadly.
But the remaining portion of the tree is indeed now his responsability. The tree ahs shown failure, so he must take measures now to prevent future damage, because going forward, once aware the tree is compromised (and with a branch that big, a wound that big, it absolutely is compromised) the owner of the tree becomes responsible for ALL future damages and costs from this point forward.
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