trees on fence?

mmidlam · Jan 27, 2012

In my state, the person that needs the fence has to maintain it. So who should cut the neighbors downed trees off the fence?

sixtyninegmc · Jan 27, 2012

If I cut it, I`m taking the wood. If he wants it, he best get after it.

Nebraska Cowman · Jan 27, 2012

If it's your fence you are going to have to cut them. Talk to your neighbor and let him know you want to help him keep your fence up. He may even want to help you. If on the other hand he is uncooperative and antagonistic, then just cut what is on your side and don't cross over on his side.

Geo-TH,In · Jan 27, 2012

Where I live, if a neighbors tree falls on your fence, you become the owner of the tree that's fallen on your property. Your neighbor can't tresspass without your permission, so it just becomes your tree.

That said, my neighbor's tree fallen on my property in the past, he comes over and cleans up the mess even though he doesn't have to. That's what you call a good neighbor.

If your neighbor's tree is dead, he is responsible for any property damage caused by his tree. If the tree is alive, the damage is your problem.
George

JML755 · Jan 27, 2012

(quoted from post at 02:57:17 01/27/12) In my state, the person that needs the fence has to maintain it. So who should cut the neighbors downed trees off the fence?

I've had numerous downed trees on my fences, from both sides. I cut the downed tree a couple of feet or so on my neighbors' side and leave that for them to deal with, if they so choose. I then cut my side up for firewood, clean up the branches on my side, fix the fence and call it a day. Haven't had a problem yet.

JML755 · Jan 27, 2012

Depends I guess on the state. A year ago, lightning struck a tree in my back yard, split it and it fell on my neighbor's house. Both our insurance companies came out. His took care of the damage to his house and paid for the cleanup on his property. Mine paid for the cleannup on my property. This is in Michigan.

JRSutton · Jan 27, 2012

I don't know what the legal answer is - but I think common courtesy should prevail over law anyways.

To me, it depends on what was their first. If you put a fence near his tree - it's your obligation to fix it.

If he put a tree near your fence, then the obligation to fix should be his.

If both were there before either of you, then I'd say it's your obligation to fix your own fence.

Either way, I'd say it's his tree no matter where it lands -if he wants it.

But if wants it he can cut it up.

PJH · Jan 27, 2012

I just cut up a tree that fell from the neighbor's property onto my pasture fence because I "needs the fence". Didn't bother saying anything to the neighbor - it needed done. I left the part on his side of the fence intact. I doubt if he even knew it had blown down.

Anonymous-0 · Jan 28, 2012

Check the fencing act for your state, I would guess , his tree, his problem.

trees on fence?

mmidlam

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sixtyninegmc

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Nebraska Cowman

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Geo-TH,In

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JML755

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JML755

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JRSutton

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PJH

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Anonymous-0

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