Here in TX, it would depend on the facts. if this was a sick/dying tree, the owner of the lot where the tree once stood would be responsible for all of the removal costs, plus any damage is caused when it fell.
but if it were a healthy tree, and fell because of wind and rain, it would be considered an act of God, with no fault. and the responsibility for removing it would fall on both owners. You get your chainsaw out and remove what is on your lot…and your neighbor does the same.
Posted by Steven Dunn on June 09, 2007 at 11:27:12:
During a recent wind storm in Boulder, CO a tree whose base is in my yard and crown is in the neighbor’s yard fell into the neighbors yard. I’m wondering who is responsible for clean up as well as damage liability.
Posted by John Merchant on June 27, 2007 at 13:27:13:
Here in WA State, we’ve blessed/cursed with a jillion giant fir trees in our yards and neighborhoods…sure we like their shade and wind protection during storms but we sure don’t like them when they’re blowing down and crashing into our houses and cars during those storms.
Anybody having one in his yard had better pay attention to where it might crash and what damage it could do, and start thinking about having it cut down before it gets him in big hot water legally.
If your neighbor has one (like a neighbor we once had)I’d suggest a carefully composed but nice, letter to that neighbor just pointing out what might happen if he doesn’t have it cut before the next bad winter storm.
In my case my Army Major neighbor was concerned enough he had his fir tree removed.
Posted by River City on June 11, 2007 at 12:03:50:
I agree with Jimmy. I am from Florida where we have hurricanes. Trees fall quite often and land in several yards. Each owner has to take responsibility for the removal and damage to their property. Your homeowner’s insurance policy should take care of this.