Legal Question

1,186 Views | 6 Replies | Last: 5 mo ago by Keyser Soze
Delmar 2.0
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A large tree limb snapped (20 feet up) and fell in my yard, but the tree itself is entirely on a commercial property on the other side of the privacy fence in my backyard. This is a 30 to 40 foot long limb about the size of Earl Campbell's thighs at the point it snapped. Huge pain in the butt to try to clean up myself or hundreds of dollars if I call a tree service/handymen to do the job. Is it the commercial property's responsibility to deal with it since its their tree or am I basically SOL? Thanks
I ain't quite as dumb as I seem
-- (P.C. 1974)
whitetrash
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Unless it damaged your fence or other items in your yard, you're probably better off just getting cut up and hauled away yourself. Avoiding the delay and the back-and-forth with the commercial owner is probably worth what it would cost. Your yard guy, or one of your neighbor's yard guy, could grab a couple of buddies and a trailer and cut it up in a couple of hours, despite its size. Gives them some extra cash and gets it out of your way.
Delmar 2.0
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Thanks for the reply; I figured I was SOL when I first saw it. Oh well, the thing is I am my 'yard guy', I'll start attacking it little by little with my battery chainsaw. Guess I've got something to keep me occupied the next couple weeks.
I ain't quite as dumb as I seem
-- (P.C. 1974)
Nguyen One Soon
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Not a lawyer, but I have had experience with similar situations. You could have trimmed the tree up to the property line, so long as you didn't damage the tree or enter the other property. Trimmings would be yours to dispose of. Since the branch is down, it's also yours unless you can prove the owner was negligent in maintaining the tree. Consider it free winter firewood as we move into summer.
Greenboy232
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So related question: My neighbor has a huge oak tree with a branch that hangs over my driveway, right where we park one of our cars. Someday, if a storm snaps that branch off, and it falls on my car, is my neighbor liable for the damage?
william
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go pound sand.

- Bill Handel

D!

Is he still on el radio???

PA.

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Keyser Soze
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Nguyen One Soon said:

Not a lawyer, but I have had experience with similar situations. You could have trimmed the tree up to the property line, so long as you didn't damage the tree or enter the other property. Trimmings would be yours to dispose of. Since the branch is down, it's also yours unless you can prove the owner was negligent in maintaining the tree. Consider it free winter firewood as we move into summer.


This has been my experience
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