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-   -   Fallen tree trunk on neighbor's property (http://www.diychatroom.com/f16/fallen-tree-trunk-neighbors-property-175725/)

veesubotee 03-28-2013 08:56 AM

Fallen tree trunk on neighbor's property
 
Short story: during a winter storm with strong winds, a portion of a tree broke off and fell over a fence onto neighbor's property.

Am I responsible for removing it? In NJ if that matters.

Thanks.

V

12penny 03-28-2013 09:09 AM

Does it matter? Be a good neighbor and clean
up the mess your tree created. :thumbup:

joecaption 03-28-2013 09:10 AM

Who's responsible or not if it came from your tree why would you not offer to clean it up?
Not his tree, why should he have to deal with it?

framer52 03-28-2013 10:23 AM

Quote:

Originally Posted by veesubotee (Post 1147663)
Short story: during a winter storm with strong winds, a portion of a tree broke off and fell over a fence onto neighbor's property.

Am I responsible for removing it? In NJ if that matters.

Thanks.

V


legally no. Act of God and you are not responsible.

morally, yep, clean it up.

veesubotee 03-28-2013 10:23 AM

Quote:

Originally Posted by joecaption (Post 1147674)
Who's responsible or not if it came from your tree why would you not offer to clean it up?
Not his tree, why should he have to deal with it?

I was looking to do so, but wanted to know about legal ramifications.

V

ddawg16 03-28-2013 10:33 AM

If your neighbor wanted to make it a legal thing....chances are it could be a lot more expensive for you than just cleaning it up.

Not trying to be an ass.....but I can't help but think that this kind of question is not unexpected for NJ....had that been in the South or even here in California....the homeowner would have been knocking on the neighbors door asking permission to go into the back yard to clean it up....in my neighborhood...had it been me, the neighbor would have helped....the neighbor on the other side would have helped....and the one behind would have helped....and supplied the beer.....hell, we would have turned it into a party.

Translation....this is the type of thing that should not even be asked....instead the question should be....how long should the wood be kept dry before you burn it in the fireplace....

vsheetz 03-28-2013 11:54 AM

Quote:

Originally Posted by ddawg16 (Post 1147712)
If your neighbor wanted to make it a legal thing....chances are it could be a lot more expensive for you than just cleaning it up.

Not trying to be an ass.....but I can't help but think that this kind of question is not unexpected for NJ....had that been in the South or even here in California....the homeowner would have been knocking on the neighbors door asking permission to go into the back yard to clean it up....in my neighborhood...had it been me, the neighbor would have helped....the neighbor on the other side would have helped....and the one behind would have helped....and supplied the beer.....hell, we would have turned it into a party.

Translation....this is the type of thing that should not even be asked....instead the question should be....how long should the wood be kept dry before you burn it in the fireplace....

:thumbsup::thumbsup::thumbsup:

Blondesense 03-28-2013 12:52 PM

Our neighbor helped us last time we had to cut up a tree, and DH helped him take one down last year.

If you don't have a chainsaw or the physical ability to do the work, you might check with your insurance company (or have the neighbor check with theirs).

Ocelaris 04-16-2013 04:13 PM

Hey now, not to dig up a old thread, but NJ gets a bad rap. In fact, if you're looking at the New York Metro area, New Jersey is actually the most helpful/nicest of all the areas surrounding New York. Long Island, Westchester, Staten Island, and NYC Metro are by far worse than New Jersey. I grew up in Northern Virginia, moved to NYC 6 years ago, and have family in the mid west, so I know a bit about hospitality, and yes, NY lacks much of what the rest of the country would call it. But there are benefits, like being frank and self righteous. It's a survival tactic.

With that said, it's hard to compare the rest of the country to the New York Metro area. It's population density dwarfs anywhere else in the states, and the culture has grown up to match. NJ is the most densely populated state in the country, and in relative terms it's also IMO the "nicest" of the suburbs surrounding New York City. In our town, there are barely any locked doors, crime is non-existant, and you might as well be in mayberry for the friendliness. When we moved in all the neighbors came by and said hello, some brought cookies etc... couldn't have been happier with the town. You just don't hear about the nice parts because all of the loud mouths in the rougher areas scream louder (i.e. jersey shore types).

As it pertains to the original owner's question. Yes, I would say that this is a morally bankrupt question, but to better understand it, you have to think how New York City people think. People here just don't do their own work to their house/yard etc... There are so many people looking for work and there is so much money, it is almost criminal to do it yourself. People look at you like you're crazy when you say you're doing your own work on your house. The mantra here is "how much does it cost for someone else to do it?" So it's kind of a loaded question, because here, nobody does their own tree clean up, it's just not "normal". Whether you agree with that or not, it helps to understand how people from NYC look at things.

With that said, in our old house in New York City proper, someone's tree fell on another neighbor's fence/yard, and it sat there for 6 months before we moved (I'm sure it's still sitting there). Our old neighbors ripped out my plants that touched our shared fence, cut down our trees ON OUR SIDE of the fence! Asking whether someone was liable for a tree falling on a neighbor's yard is "kind" compared to what NYC attitude would say!

On that note, I would have gotten out the chain saw and helped the neighbor. We have a tree that's perilously leaning, and I asked my neighbor if he would go in with me to have it taken down (it's way too tall for us to do it, and inbetween power lines, so quite dangerous). My neighbor insisted we'd take it down ourselves with his truck... We ended up not taking it down (he eventually realized that just was not safe), but just to say our neighbors did in fact offer to help and have been really nice.

gregzoll 04-16-2013 07:21 PM

Around here, if it fell off a tree or structure on your side, you foot the bills.

Fix'n it 04-16-2013 10:14 PM

Quote:

Originally Posted by ddawg16 (Post 1147712)
Iin my neighborhood...had it been me, the neighbor would have helped....the neighbor on the other side would have helped....and the one behind would have helped....and supplied the beer.....hell, we would have turned it into a party.

beer and chain saws, HELL YEAH :thumbup:










:jester:

Fix'n it 04-16-2013 10:21 PM

ya know, this got me think'n. i have a tree right on the edge of my property. a good sized branch hangs over the guys deck and towards his house. i want to take the tree down. the "guy" is ADAMANT that i leave it there, he likes the shade. so i use it as a barganing chip. but who is paying if it falls on his chit ? i'll have to call my insurance. perhaps he'll have to sign something.

r0ckstarr 04-17-2013 06:02 AM

Quote:

Originally Posted by Fix'n it (Post 1160842)
ya know, this got me think'n. i have a tree right on the edge of my property. a good sized branch hangs over the guys deck and towards his house. i want to take the tree down. the "guy" is ADAMANT that i leave it there, he likes the shade. so i use it as a barganing chip. but who is paying if it falls on his chit ? i'll have to call my insurance. perhaps he'll have to sign something.

Definitely get it in writing. Once it falls, his story will be different.

Fix'n it 04-17-2013 09:19 PM

my wife called our insurance co. they said it doesn't matter. if it falls on him, its his problem = "act of nature". as long as the tree is in good shape to begin with.


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