Branch from my tree falls in neighbor's yard, is then dumped in mine

[conqueso]

What is the name of your state (only U.S. law)? NJ

I have a large tree on my property, and a 30 foot limb which extended about 25 feet over the boundary line into my neighbor's backyard broke off and fell mostly into her yard (the 25 feet of it, with the 5 feet of it remaining on my yard) This neighbor lives behind my property, our backyards abutting, so her address is on a different street. As a result I have never met this neighbor. Apparently she owns the property but rents it to tenants who live there.

Now the tree limb laid where it fell for about a month or 2. Only 5 feet was on my side, and it was my understanding from other neighbors that I was responsible for the 5 feet on my side, but she was responsible for the cutting and removal of the 25 feet in her yard. I was going to wait for her to cut her's off from mine, and then just deal with it then.

But then I went away on vacation for a week, and came home to discover she had someone with a chainsaw (professionals maybe?) cut the 25 foot branch which lay on her yard into a huge gigantic pile of cut wood which they then threw over my short 3-foot tall fence into my yard. Now I have a huge pile of cut wood sitting in my backyard, and I am waiting for a landscaper to come give me an estimate for removal (probably $300 or so).

SO my question is, isn't the neighbor responsible for any branch from my tree which extended into her yard and then broke off? The tree is living, and I have received no request from her to remove the tree or the branch while it was still attached. Do I contact the police? Is what she did illegal? Or do I contact a lawyer?

 

[OHRoadwarrior]

Ownership does not transfer by virtue of death. If it was an elephant and its tusk fell off, you would have been over there immediately to claim your property.

 

[sandyclaus]

What is the name of your state (only U.S. law)? NJ

I have a large tree on my property, and a 30 foot limb which extended about 25 feet over the boundary line into my neighbor's backyard broke off and fell mostly into her yard (the 25 feet of it, with the 5 feet of it remaining on my yard) This neighbor lives behind my property, our backyards abutting, so her address is on a different street. As a result I have never met this neighbor. Apparently she owns the property but rents it to tenants who live there.

Now the tree limb laid where it fell for about a month or 2. Only 5 feet was on my side, and it was my understanding from other neighbors that I was responsible for the 5 feet on my side, but she was responsible for the cutting and removal of the 25 feet in her yard. I was going to wait for her to cut her's off from mine, and then just deal with it then.

But then I went away on vacation for a week, and came home to discover she had someone with a chainsaw (professionals maybe?) cut the 25 foot branch which lay on her yard into a huge gigantic pile of cut wood which they then threw over my short 3-foot tall fence into my yard. Now I have a huge pile of cut wood sitting in my backyard, and I am waiting for a landscaper to come give me an estimate for removal (probably $300 or so).

SO my question is, isn't the neighbor responsible for any branch from my tree which extended into her yard and then broke off? The tree is living, and I have received no request from her to remove the tree or the branch while it was still attached. Do I contact the police? Is what she did illegal? Or do I contact a lawyer?

I'd say consider yourself lucky that they didn't ask you to pay for the removal of the dead branches. Plus, now you have quite a bit of free firewood that you can use or sell to other people. Based upon the amount you are saying is there, you might even make some money on the deal.

This definitely does not warrant getting all legal and suing them.

 

[conqueso]

Fair enough, but again, the tree didn't die. Lightning struck it and the branch fell. I was told by my homeowner's insurance that any part of a tree which is over your property line, no matter where the roots are, is your responsibility. So if my neighbor's branch was growing over my property line, I can cut it and trim it without needing her permission. And when it falls in my yard, then I have to remove it, not the tree owner.

But my questions extend beyond that (although I would like to know if that were true, and my insurance company was correct). There is also a matter of dumping yard waste over the fence onto my property. If I was responsible for the branch, why did she pay to have it cut up before throwing it into my backyard?

 

[sandyclaus]

Fair enough, but again, the tree didn't die. Lightning struck it and the branch fell. I was told by my homeowner's insurance that any part of a tree which is over your property line, no matter where the roots are, is your responsibility. So if my neighbor's branch was growing over my property line, I can cut it and trim it without needing her permission. And when it falls in my yard, then I have to remove it, not the tree owner.

But my questions extend beyond that (although I would like to know if that were true, and my insurance company was correct). There is also a matter of dumping yard waste over the fence onto my property. If I was responsible for the branch, why did she pay to have it cut up before throwing it into my backyard?

You say yard waste, I say firewood. When life gives you lemons...

 

[conqueso]

You say yard waste, I say firewood. When life gives you lemons...

I don't have any place to burn firewood, and it's 80 degrees out. Noone's coming for it.

I appreciate everyone's practical advice, but I'm no asking that. I'm asking if there is someone with a legal background who can tell me what the law or precedent is here. Is not a tree limb which extends into another's yard their responsibility?

If you don't have a legal background and/or an answer to my question, don't bother responding. I understand it's just a pile of wood and I can pay $300 to get it out. But I don't want her throwing another limb into my yard next time it happens if it's not legal.

 

[OHRoadwarrior]

She likely had a friend cut it up and remove it, since the owner obviously had no intention of doing so voluntarily. It is not yard waste, it is return of your property.

 

[conqueso]

I don't have any place to burn firewood, and it's 80 degrees out. Noone's coming for it.

I appreciate everyone's practical advice, but I'm no asking that. I'm asking if there is someone with a legal background who can tell me what the law or precedent is here. Is not a tree limb which extends into another's yard their responsibility?

If you don't have a legal background and/or an answer to my question, don't bother responding. I understand it's just a pile of wood and I can pay $300 to get it out. But I don't want her throwing another limb into my yard next time it happens if it's not legal.

Thanks for the help, I'll ask a lawyer about the legality, not just a bunch of forum trolls.

 

[Eekamouse]

Hopefully, you'll be billed for the cost of her having to chop up YOUR tree's branch to get it out of HER yard.

 

[conqueso]

Hopefully, you'll be billed for the cost of her having to chop up YOUR tree's branch to get it out of HER yard.

Again, that is not the law. According to my homeowner's insurance, she is legally responsible for any branch, leaf or tree that falls in her yard by an act of God. God doesn't care where the roots are, but I think he would prefer it if more people were polite and civil to each other in forums.

 

[las365]

God prefers people to be good neighbors. Love thy neighbor as thyself. Right?

 

[conqueso]

Good point. I shall concede to all of you. I will reimburse the neighbor for cutting up the wood. I will pay for the removal of said wood myself.

Now, does anyone know who was legally responsible in this matter for a tree limb felled by an act of God?

 

[OHRoadwarrior]

Why did the limb fall? You said it was an act of God, however, that does not answer the question as to why it fell. Was the limb fully alive, partially alive or entirely dead? If the limb fell as a result of you failing to appropriately care for the tree, the liability is all yours. Some homeowners policies will cover branches regardless, some will not.

 

[conqueso]

Why did the limb fall? You said it was an act of God, however, that does not answer the question as to why it fell. Was the limb fully alive, partially alive or entirely dead? If the limb fell as a result of you failing to appropriately care for the tree, the liability is all yours. Some homeowners policies will cover branches regardless, some will not.

Thank you. The tree was living and still is; the branch was struck by lightning and broke off. You can clearly see from the chainsaw cuts that the branch was alive and well with no rot. No request has been made by anyone to prune or remove the tree or the branch prior to the break.

 

[OHRoadwarrior]

From your description and a brief web search, it appears NJ would treat the liability for removal of the portion on neighbors property, to the property owner there. As you do not have pictures of the limb on the neighbors property and have no valid info as to who exactly cut and transferred the limb to your property, suing the neighbor for removal of your tree branch will possibly be unsuccessful as they, the owner, has plausible deniability.