 | 
10-13-2008, 12:10 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 1
| | | downed tree
What is the name of your state (only U.S. law)? Missouri
I tree fell over on myfence onto my property . I had a fellow cutting up the tree on my side, and then to get the fence repaired, he cut the tree up into logs on the other side, only problem, he didn't know the tree was on somebody else; property. About one third of the tree was down on my side. I didn't know it until the owner called me and chewed me out. The tree was 30" in diamter, 18 ft tall, white oak. He wants $500 for the tree because now he can't sell it into logs since it was already cut up. I told him I wanted a bill for the value, and also, am I liable for the part of the tree that fell over my fence, since it is now lo longer of value as timber logs. The guy working for me didn't know he was on someone else's property. |
10-13-2008, 07:45 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,271
| | Quote: |
He wants $500 for the tree because now he can't sell it into logs since it was already cut up. I told him I wanted a bill for the value, and also, am I liable for the part of the tree that fell over my fence, since it is now lo longer of value as timber logs.
| The part of the tree that fell onto your property is yours. The part of the tree that stayed on his property is his. If your worker trespassed onto his property and damaged his part of the tree, then he can seek reimbursement for lost value. If you guys can't come to an agreement, then how much he is entitled to will be decided in small claims court, most likely. Quote: |
The guy working for me didn't know he was on someone else's property.
| Irrelevant. You hired the guy, so you are responsible for his actions.
Now, if you told him where to stop cutting, and he went beyond that, then you might have a cause of action against the tree cutting guy, and you might be able to be reimbursed for what you have to pay out to your neighbor (if anything). But your neighbor's beef is with you, not the tree cutting guy.  |
10-14-2008, 05:32 PM
| | Member | | Join Date: Mar 2005 Location: Rural Detroit, MI
Posts: 167
| | | FWIW, only the main trunk, from the ground up to the first branches, is suitable for lumber. Any and all other parts of the tree, regardless of size, is worth nothing more than firewood.
Any sawmill operator will tell you same. |
10-15-2008, 12:44 PM
| | Member | | Join Date: Apr 2008
Posts: 669
| | | Charge the neighbor $500 to repair the damage his tree did to your fence. | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
|
