Tree fell into neighbours property

Recon

Friend of mine in this situation. Curious what the legal situation is.

Friend planted the tree ~20 years ago, on the border between his house and his mother's, just his side of the fence. Since then his mother died and his mother's property was sold.

There was a new house built in the property a few years ago. But it has been vacant for a year or so now.

Tree fell during the storm, uprooted and mostly fell into the neighbours property.

Who has the right to chop up/tidy up the tree?

Victor

Trees are generally owned by the landowner, as they are consider to be 'as one' with the ground. this includes anything that falls from the tree - leaves, fruit, branches, etc. While most neighbours are quite amicable in such matters, some can be a pain, whether the tree owner or not.

It would be prudent for any tree owner in such a situation to promptly remove any nuisance caused to the neighbour, with the methodology agreed with the neighbour. If material damage is caused, they would be well advised to get proper advice.

Some household insurance policies may cover such matters.

skooterblue2

I believe it is whos ever land it lands on, but if it falls on the road the land owner is responsible for any damage that may occur when it has fallen.

Sounds like if it was cleared up quickly and cleanly noone will mind too much

Del2005

skooterblue2 wrote: »

I believe it is whos ever land it lands on, but if it falls on the road the land owner is responsible for any damage that may occur when it has fallen.

Sounds like if it was cleared up quickly and cleanly noone will mind too much

I don't think so. The tree belongs to the person who's property it's growing on. If branches grow across a property line the other property owner can cut them at the line but must return the branches to the property where the tree is growing. Or do you think if my wallet falls onto someone else's property it becomes their?

OP there are a lot of issues with trees knocked in the storms, you'll need to get a tree surgeon to check out the tree. Liability usually depends on the condition of the tree before it fell.

skooterblue2

Sorry not basing my advice on legal grounds just hear say of Farmers, and years of living in the country. I would say talk to your neighbour and get it cleared up ASAP for a lot of reasons.

Any time you can sort this out peacefully, quickly and quietly over a few hours work will be much cheaper in the long term

brian_t

Del2005 wrote: »

OP there are a lot of issues with trees knocked in the storms, you'll need to get a tree surgeon to check out the tree. Liability usually depends on the condition of the tree before it fell.

The trees owner doesn't need a tree surgeon to check the tree.

His neighbour would if they were intending to sue over damages inccured.

The trees owner only needs his neighbours permission to enter their property to cut up the tree and remove it.

Greenmachine

We are also talking about damage to the neighbors property. If anyone is responsible for that I would be land owner where the tree fell from. That should be the main issue of concern. As regards to ownership of the downed tree, I would suggest that r agreeing to whatever the injured party wants regarding ownership of the fallen tree is the best course of action. Would not be worth falling out over. The issue of property damage could costs thousand. What is likely to be value of wood in a 20 year old tree.

Alpha Dog 1

Take pictures and contact your insurance company and explain the matter. Don't clear up the tree before contacting them first!

brian_t

Greenmachine wrote: »

We are also talking about damage to the neighbors property.

There was no mention of damage to the neighbours property.

coylemj

Eye-catching headline on today's Electronic Telegraph: Storm damage: why insurers won't clear away a fallen tree

Fallen trees

If a tree on your property falls without causing damage to another structure, don’t call your insurer. Even when damage is caused, the insurer is likely only to cut away and remove whatever is necessary to undertake the repair. “The argument is that the tree belongs to the property owner, and is therefore theirs to dispose of,” said Mr Byrne.

The same applies to neighbours’ trees: your insurer will cover damage to your property, but won’t necessarily pay for the removal of debris beyond what is necessary for the repair work.

http://www.telegraph.co.uk/finance/personalfinance/insurance/10654849/Storm-damage-why-insurers-wont-clear-away-a-fallen-tree.html

Lmklad

Who has the right to tidy/chop up the tree?

Firstly the ownership of the tree is decided by who's property the tree root is on. As it's been stated be on OP's land then the tree is his.

Who is responsible for removing it? The owner of the tree is. However as the tree is now in the neighbours property permission will need to be sought to enter and remove the tree. If the owner does not remove or pay for its removal the neighbour is within their rights to seek compensation.