scrub trees

cuby · Apr 8, 2016

I have a land owner next to me that has a scrub tree leaning over into my property right abouve my new fence and is a bout to break. When this does happen who pays for repair of my fence? they know that it is there as they drive past it several times per day.

Anyone ever incounter something on this order?

504 · Apr 8, 2016

you do. Ask them about you taking it down.

Angle Iron · Apr 8, 2016

It will be considered an act of God and you will have it to repair on your own. Seems that I saw some where that if the owner was made aware that the tree was an damaged and ready to fall and did nothing then they would be liable for the damages. I wouldn't bank on it though. Call you insurance agent and see what they can tell you.

ramblineagle · Apr 8, 2016

In some states you are legaley allowed to cut any part of a tree over hanging on your property to the property line.

D beatty · Apr 8, 2016

When through about the same thing with neighbor. I had tree on my side of fence that I was going to take down and it was the main shade for their house. They came out and didn't want it down so I went to my Insurance and asked them if tree fell am I responsible for damages and was told that's an act of God and I am not responsible if it fell.

PJH · Apr 8, 2016

I had a big oak that developed a split in the trunk, and it was close enough to my neighbor's house that I thought it might cause some damage, or worse yet, hurt him or his kids. I hired a tree trimmer to take it down for me. To me, it was one thing to have a tree fall on his place, but an entirely different thing if I knew the tree might be a hazard and did nothing about it.

I share a fence line with a different elderly neighbor, and most of it is in the woods. I probably cut a half dozen trees off of the fence each year, some falling from his side, and some falling from mine. I don't keep score, just make repairs and go on. It's high tensile fence and it's not really a big deal to repair.

After saying all that - I think you're on your own for the repairs. How about trimming it before it breaks and damages your fence?

led · Apr 8, 2016

I would talk to neighbor first. I am not taking sides, but I would like to think my neighbor would talk to me before doing anything. Old saying " Never get into pis#ing contest with a skunk"

Geo-TH,In · Apr 8, 2016

That's true, unless the tree is dead. Owner of the dead tree is responsible.

D beatty · Apr 9, 2016

That's only if neighbor has contacted you about the dead tree. If he doesn't contact you you are not responsible.

Traditional Farmer · Apr 9, 2016

Why didn't you talk to your neighbor about it before you put up the new fence?

cuby · Apr 9, 2016

Well,that neighbor is mad at me anway,he used to farm my farm until he got mad at me for not renting it back to him on his terms. When he farmed mine he cut down a tree that was on my property without asking me first,said that he thought that was the right thing to do.

Angle Iron · Apr 9, 2016

Where I live in coastal South Carolina you are allowed to trim off anything on your side of the property line, I do not know if that's the same there but a call to the county/township or what ever the local government is should set you on the right path. No sense in making a touchy relationship worse over a tree. We are in a city here and I helped a friend trim several branches from a neighbors tree and they started raising a stink about it. Told them we checked the rules with the city and he was within the law. They were not happy but didn't call the cops as they had said they would if we didn't stop.

scrub trees

cuby

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504

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Angle Iron

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ramblineagle

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D beatty

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PJH

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led

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Geo-TH,In

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D beatty

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Traditional Farmer

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cuby

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Angle Iron

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