My Tree - neighbors damage - who owns the tree?

[JeepHarleyGuy]

What is the name of your state? Michigan
A windstorm took one of my huge oak trees (which is near the property line) and uprooted it and laid it on the neighbors house causing damage to the edge of the roof. The neighbor hired a tree company to remove the tree. The downed tree is partially on my property and partially on the neighbors. When I told the tree company that I wanted the wood, the neighbor informed me that the part of the tree that was on her property is now hers, and she is going to keep it, unless I wanted to pay for the damage and cleanup. Before the storm, all of the trunk of the tree was on my property with branches over the property line. Is she entitled to the wood that landed on her property after the storm, but was not overhanging the property line before the storm? The wood she wants to keep is very good, and she intends to log it out for the lumber.

Thanks

 

[PghREA]

What is the name of your state? Michigan
A windstorm took one of my huge oak trees (which is near the property line) and uprooted it and laid it on the neighbors house causing damage to the edge of the roof. The neighbor hired a tree company to remove the tree. The downed tree is partially on my property and partially on the neighbors. When I told the tree company that I wanted the wood, the neighbor informed me that the part of the tree that was on her property is now hers, and she is going to keep it, unless I wanted to pay for the damage and cleanup. Before the storm, all of the trunk of the tree was on my property with branches over the property line. Is she entitled to the wood that landed on her property after the storm, but was not overhanging the property line before the storm? The wood she wants to keep is very good, and she intends to log it out for the lumber.

Thanks

Since any part of the tree that is on the neighbor's side belongs to the neighbor, then I would say, it's the neighbors. It is probably better to let her have the part of the tree that IS on her side than to pay for cleanup and damages to the home. Most people come to this forum screaming about how they want to sue the person whose tree fell on their property etc. Count your blessings! JMO

 

[Shel77]

Unless their was prior knowledge of the tree being rotted or in need of removal she could not make you pay for the clean up or damage to her property, it was a storm that caused it to fall and therefore considered an act of God. I am uncertain as to weather or not you can get your wood back though, technically it does belong to you. I would think however that you would have had to have paid for the cutting and removal of the tree from her property to have kept the wood. We will see what others say.

 

[The Greek]

Dont spit wood

The Tree is clearly yours. But I would agree that you should probably let her have the wood since she payed for the clean up. I am suprised she did not come to you with the bill for the clean up. Her insurance will pay for the damages to the house. But It does not sound as though you should push the issue of whose wood it is.

Plant a new tree.