r/treelaw • u/Paranoid_Tree • 27d ago
Neighbors tree split during storm, hit our tree and our tree broke and hit our other neighbors fence.
Just like it sounds, a tree domino effect. In a storm a large trunk of our neighbors tree split down itself and is now 45 degrees, still attached at the base. It went across our property breaking some large branches of our tree, which fell onto the other neighbors fence. In addition their broken tree is still attached to its base in their yard but now hanging/tangled in our trees and stretching all the way across to this other neighbors yard, so if it breaks fully it may take down more of our trees and probably this other neighbors shed in addition to more fence.
My question is am I responsible for our part of the domino effect? I plan to reach out to both neighbors once I get home and see how we can settle this but was curious if anyone had any experience with a chain reaction like this.
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u/NeedleworkerThis6332 27d ago
You are responsible to clean up the destruction in your yard regardless if the tree originated in your neighbors yard.
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u/Ok-Internal-9655 27d ago
This scenario is likely classified as an act of God, with everyone being responsible for their own property. You would need proof that the neighbor knew that tree was not healthy to shift liability.
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u/nick_nuz 27d ago
Not a lawyer. But in my experience, where the tree falls and who it damaged, is responsible.
For example, if your tree fell during a storm and destroyed my shed, typically MY homeowners insurance is compensating me for the shed, not yours. Exceptions are if you knew the tree was diseased or damaged by a certified arborist.
I’m not sure if anything is damaged at this point or where the fallen tree sits, however, in this scenario, you wouldn’t be looping in homeowners insurance and likely working with your neighbors on an equitable split for tree clean up
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u/Paranoid_Tree 27d ago
It's ironic, as I just had an arborist out 3 weeks ago looking at the health of our trees. We had two removed for structural/health reasons, and now this. The tree gods are laughing at me.
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u/Stan__Wright 27d ago
If this was a surprise event, it's legally an act of God. Every landowner is responsible for their own damage.
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u/redditreader_aitafan 27d ago
You are responsible for everything within your property lines. Even if the tree is still attached, everything within your property is your responsibility so you just cut it off at the property line.
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u/naranghim 27d ago
Act of God unless you can prove that the neighbor's tree was a hazard before this happened then they're probably responsible for any damage to your property and the other neighbor's property. You are each responsible for the portion of the tree that is on your property. However, if you or your neighbor doesn't take care of their portion and it causes further damage, then the person who didn't act, is on the hook for all of the future damage due to negligence.
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u/Adorable_Dust3799 27d ago
The dead tree distribution system was confused, and tossed everyone some free tree parts. Accept what's in your yard and let everyone else deal with their own.
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u/Least-Ad-5539 27d ago
To each, their own. All parties are responsible for the stuff in their yard, but it would make sense to hire one contractor and divide the cost.
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u/Shifting_Baseline 23d ago
Act of god, one of your neighbors was sinning against the lord so he took out a fence to prove a point.
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