If a tree falls, who is responsible to clean it up?
By kbjunior15
@kbjunior15 (1309)
United States
8 responses
@mentalward (14690)
• United States
10 Aug 08
I'm not sure if the laws are the same in every State or town, but where I was born and raised, if the tree is on your neighbor's property, it would be his responsibility to clean up any branches that fall from it, or pay for any damage those branches may have caused.
Actually, the law goes a step further by stating that you would have every right to cut off any branches that hang over your property line. That little law has caused a lot of bad air between some neighbors, but the owner of the tree has no right to allow it to grow over the property of anyone else, just as if it were anything else that "hung" over your property; i.e. a blanket thrown over a dividing fence that hangs down over on your side or a ladder propped up on a fence so that the top of the ladder is over on your side of the fence.
I responded to another post about a motorcycle that had been damaged by debris falling from work being done to a neighbor's garage roof. The workmen caused the debris to fall onto her property, damaging her bike. The neighbor, who had hired the workmen, was responsible for the cost involved in repairing her bike. Her neighbor, in turn, could legally collect that money from the company he hired to repair his roof.
This took place in another State, so it is not only Maryland that has that law. If I were you, I would contact your county or State government to see if this is the case where you live. It could be that this is the law all over the country, but I'm not sure so I can't tell you yes or no.
I have a feeling that wherever you live, it will be your neighbor's responsibility. It's the only thing that makes sense. But you should check, anyway.
Of course, if I had a fireplace and this happened to me, I wouldn't hesitate to cut that wood up for firewood!
@kbjunior15 (1309)
• United States
10 Aug 08
Thanks for the thorough information. We did a lot of checking and this law is pretty much everywhere. We have contacted the city about it and they were sending an inspector out to look at the trees. They will probably make him have them all trimmed which will piss him off more
I cut it off of my garage and left the rest hanging from the tree to probably fall and break his fence.
@mentalward (14690)
• United States
10 Aug 08
Ooooooh, how deliciously evil of you!
It would certainly serve him right if his attitude has been that it's your problem since it fell on your property!
I'm glad the problem is being taken care of. Your neighbor has probably learned a big lesson and, from the sound of it, he's about to learn even more that he won't be the least bit happy about!
@danniejoe (46)
• India
10 Aug 08
Anybody who feels like cleaning it up is responsible... It may be anybody, it may be anybody's property but it has fell in your garage, and if you wanna keep your property neat and good look'n then u go ahead and clean it up...
1 person likes this
@kbjunior15 (1309)
• United States
10 Aug 08
That is what I ended up doing. I cut it all off of my garage when he was unwilling to discuss the topic. I left the rest hanging from the tree. I would have been willing to go 50/50 and help with it all but he has been a real jerk
@coffeebreak (17798)
• United States
10 Aug 08
Depends on who's property it is on. The Santa Anna winds blew down the 2 trees in our front yard - but they were the other side of the sidewalk so they were on "city" side so the city came out and took care of them.
@coffeebreak (17798)
• United States
10 Aug 08
Then I guess he could just toss them back over on the guys property and say the same thing. Or just file a police damage report on hte neighbor and then put them in the trash
@kbjunior15 (1309)
• United States
10 Aug 08
They are on his property. But, when my renter asked him about them he said, "They fell on your property, they aren't my problem anymore." Real nice guy...NOT
@bbsr13 (4196)
• India
10 Aug 08
Hello,Junior!It is the responsibility of your neighbor to clear the blockage of your garage as he is the owner of the trees.He should be honest to his duties and responsibility.You just ask him to do the needfuls and he fails you may arrange to clearup the mass.thanx.
@kbjunior15 (1309)
• United States
10 Aug 08
Yeah, that is what we did and he was a real jerk from the start. I would have helped him clean it all up, but not now. I cleaned up my part and then contacted the city to come look at his trees. They'll probably make him trim all his trees. He could have avoided that if he was nice at the start. The guy is a real jerk.
@hellcowboy (7374)
• United States
10 Aug 08
That is cool that you live on a rental property,and I am not sure who would be responsible for the tree limbs because they fell on your garage so they might be your responsibility,or if they are on your neighbors property then it might be their responsibility,is the neighbor the one you are renting the property from?Because I would kind of think it would be the landlords problem to deal with the tree limbs that fell on your garage.
@hellcowboy (7374)
• United States
10 Aug 08
In that case it is definitely the neighbors problem and they definitely need to deal with the tree limbs,have a great day,good luck in your life,and Happy Posting my friend.
@kbjunior15 (1309)
• United States
10 Aug 08
No, I don't live here. I own my own house. This house is a rental property that I own and someone else lives in. It is my property but I don't live there. The tree is on the property next to the one that I own.
1 person likes this
@trisha_nava82 (1379)
• United States
10 Aug 08
I would have to say that since the tree was on their property but it fell on your property it shouldn't matter, your neighbor is responsible for picking up the fallen branches.
@kbjunior15 (1309)
• United States
10 Aug 08
Most of us logical, sensible people think that. This guy is a jerk that wants others to take care of his problems. I can tell that he has got what he wants through life by bullying and mouthing his way. I have not backed down one time and its funny he tries threatening other ways. He is not getting what he wants by bullying this guy.
@jatamogue (367)
• Philippines
10 Aug 08
I guess that your neighbor needs to take responsibility for the things as bothersome as trees falling into your property. Into could house pests if not taken care of immediately. Your neighbor not be a handyman if he leaves it alone for some time.
@kbjunior15 (1309)
• United States
10 Aug 08
We thought that he should do but it has become a big problem with him
1 person likes this
@kbjunior15 (1309)
• United States
10 Aug 08
My thoughts exactly and it is law, too. It states that the first time can be an act of God, but if you put them on notice of potentially threatening trees that they are really responsible the next time. We made sure we did that. It really would not be a problem if he would have been willing to talk with me at the start but he was a real jerk because he wanted someone else to take care of his problems