Dying tree fell, who is liable?

Dying tree fell, who is liable?

PostBy: scalabro On: Wed Jul 09, 2014 7:25 pm

To my Mass. Brothers....

Last night a dying tree (lots of rot in a base notch) on my neighbors property, fell on my property for no reason other than the rot in the notch. It split right at the notch, IE no "Act of God" no wind at all. I notified him of this and that I'd like to work together to remove it from my property.

My question is a simple one...

Is it his responsibility since the tree fell from rot in a notch?

Or, is it my responsibility because it simply fell in my yard?

I realize an Act of God would make it my problem but it was not. When it hit the Ground at 11:45 PM it woke me up and I immediately opened a window to check it out with a flashlight...it was dead calm. I also went online to look at radar and no storms were in the area. I am not trying to be nasty, just want advice.

No property damage, just a dead maple on my side yard.

Thanks
S
Last edited by scalabro on Wed Jul 09, 2014 9:42 pm, edited 1 time in total.
scalabro
 
Baseburners & Antiques: Crawford 40, PP Stewart No. 14 in the works.
Coal Size/Type: Stove, Anthracite.
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Re: Fallen dying tree libility?

PostBy: coaledsweat On: Wed Jul 09, 2014 7:42 pm

If there was property damage, your insurance would cover it. Unless you asked your neighbor to remove the tree (prefferably in writing) because of its condition, you are probably out of luck and stuck with it.
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Re: Fallen dying tree libility?

PostBy: scalabro On: Wed Jul 09, 2014 7:44 pm

So its up to me to keep tabs on my neighbors trees? On would think it would be the owners responsibility.
scalabro
 
Baseburners & Antiques: Crawford 40, PP Stewart No. 14 in the works.
Coal Size/Type: Stove, Anthracite.
Other Heating: Oil fired, forced hot air.


Re: Fallen dying tree libility?

PostBy: 009to090 On: Wed Jul 09, 2014 7:47 pm

coaledsweat wrote:If there was property damage, your insurance would cover it. Unless you asked your neighbor to remove the tree (prefferably in writing) because of its condition, you are probably out of luck and stuck with it.

Yep, its yours now. Call your insurance company anyway. They will pay to have it removed, whether or not it damaged anything.
A falling tree IS considered an "Act-of-God" as long as nobody was cutting it down.
009to090
 
Stoker Coal Boiler: EFM 520 HighBoy
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Re: Fallen dying tree libility?

PostBy: scalabro On: Wed Jul 09, 2014 7:49 pm

Thanks for the replies. I'm only interested in Mass law though. I could swear that here a sick tree is the owners responsibility I just can't find a reference to it yet.
scalabro
 
Baseburners & Antiques: Crawford 40, PP Stewart No. 14 in the works.
Coal Size/Type: Stove, Anthracite.
Other Heating: Oil fired, forced hot air.

Re: Dying tree fell, who is liable?

PostBy: wilder11354 On: Wed Jul 09, 2014 10:38 pm

Just cut it up in 16-18" lengths, set up 2 poles 8' apart,4' high stack would between poles and sell it as face cord firewood. At whatever price it is in your neck of the woods.around here face cords are about $60-80.
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Re: Dying tree fell, who is liable?

PostBy: gaw On: Wed Jul 09, 2014 10:41 pm

Mass law would depend on if it was the congressman's yard or if it were his tree. I imagine a lawyer could answer your question or if you report it to your homeowners insurer they will pursue the neighbor or his insurance if it is in fact his responsibility.
gaw
 
Stoker Coal Boiler: Keystoker KA-6
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Re: Dying tree fell, who is liable?

PostBy: Freddy On: Wed Jul 09, 2014 10:53 pm

From the quick research I just did it seems that usually a tree owner bears no responsibility. It's considered an act of God and the owner of where it lands is not only responsible for clean up, but also any damage.

I just did a Google search of "neighbors tree fell in my yard" & started reading.
Freddy
 
Stoker Coal Boiler: Axeman Anderson 130 (pea)
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Re: Dying tree fell, who is liable?

PostBy: Lightning On: Thu Jul 10, 2014 6:08 am

If the tree is rooted in my yard then I would consider it my tree. If my tree fell in my neighbor's yard then I would feel obligated to clean it up.. unless of course, he's a penis...
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Hand Fed Coal Furnace: Clayton 1537G
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Re: Dying tree fell, who is liable?

PostBy: mozz On: Thu Jul 10, 2014 6:18 am

Had this happen to me and it crushed my chicken coop. What my insurance company told me was, unless you have been writing him letters telling him his damaged trees will cause property damage, you are out of luck. Unless you want to turn it in to your homeowners insurance then your rates will rise.
mozz
 
Stoker Coal Boiler: Axeman Anderson 1982 AA-130 Steam

Re: Dying tree fell, who is liable?

PostBy: plumber On: Thu Jul 10, 2014 6:41 am

Doesn't really matter if its in writing. I had a neighbor's tree hit my house and cause 200k in damage. My insurance company wrote letters to my neighbor and his insurance company about his standing deadwood. Everyone knew they were going to fall on my house, but I couldn't do anything to his trees. When it fell, my insurance company payed out and can't subrogate because whatever fell over the property line is now my tree. To rub salt in the wound, I had to pay $2500 out of pocket for tree removal, my deductible, and a hefty premium increase.
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Stoker Coal Boiler: EFM 350

Re: Dying tree fell, who is liable?

PostBy: freetown fred On: Thu Jul 10, 2014 6:46 am

:clap: toothy-------REALLY?????????????????? gekko, let the government/insurance company deal with it, they'll get it straightened out :roll: you should sue the bastard!! That should take a few yrs. Orrrrrr, just cut it up & be done with it. :)
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Hand Fed Coal Stove: HITZER 50-93
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Re: Dying tree fell, who is liable?

PostBy: scalabro On: Thu Jul 10, 2014 6:49 am

plumber wrote:Doesn't really matter if its in writing. I had a neighbor's tree hit my house and cause 200k in damage. My insurance company wrote letters to my neighbor and his insurance company about his standing deadwood. Everyone knew they were going to fall on my house, but I couldn't do anything to his trees. When it fell, my insurance company payed out and can't subrogate because whatever fell over the property line is now my tree. To rub salt in the wound, I had to pay $2500 out of pocket for tree removal, my deductible, and a hefty premium increase.


Did you have a "Consulting Arborist" , not just any arborist, inspect the tree and provide a written report?
scalabro
 
Baseburners & Antiques: Crawford 40, PP Stewart No. 14 in the works.
Coal Size/Type: Stove, Anthracite.
Other Heating: Oil fired, forced hot air.

Re: Dying tree fell, who is liable?

PostBy: scalabro On: Thu Jul 10, 2014 6:52 am

freetown fred wrote::clap: toothy-------REALLY?????????????????? gekko, let the government/insurance company deal with it, they'll get it straightened out :roll: you should sue the bastard!! That should take a few yrs. Orrrrrr, just cut it up & be done with it. :)



Lol! No Fred, just wondering for future events. Since my surgery I'm still not allowed to lift things per my surgeon. :( I'll have a buddy of mine assist me, he burns wood!
scalabro
 
Baseburners & Antiques: Crawford 40, PP Stewart No. 14 in the works.
Coal Size/Type: Stove, Anthracite.
Other Heating: Oil fired, forced hot air.

Re: Dying tree fell, who is liable?

PostBy: ONEDOLLAR On: Thu Jul 10, 2014 7:19 am

Gekko

Tell me about this "notch" in the tree. Was this notch put there on purpose by the owners of the property? Like they had planned to cut down said tree and didn't? And as a result this notch rotted and caused said tree to fall? There might be some negligance on their part IF this is the case. Might.

Otherwise you are basiclly on your own. You do have the right to remove any branches and roots of any tree in someone elses yard up to your property line. There is lots of case law on this.

ps give me some time to get used to your new name! :D
ONEDOLLAR
 
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