Neighbor's Tree

[pingwen]

What is the name of your state (only U.S. law)? Indiana
Last year, my neighbor's tree was hit by lightning, and a large piece of it fell on my property. Luckily, nothing was damaged, but he wouldn't clean it up, and when I asked advice, was told it was my responsiblility... I don't think that was true. Anyway, today after waiting for over 8 months of mowing around it, I took my pickup and pulled it back to the back of his property and added it to a bunch of other old dead trees. (One of his huge old oaks fell in the forest about two weeks ago...)

My question is... the tree in question is probably 300' tall and is now completely dead. It is large enough so that if it falls toward my property, it will hit my buildings, and probably my house. How can I get him to take care of it before I have major damage to my property? It could also take out my electric lines and my phone lines if it fell in the right direction. (kind of a stretch, but possible)

 

[seniorjudge]

Q: How can I get him to take care of it before I have major damage to my property?

A: We don't know the guy...so we can't answer your question.

 

[pingwen]

About the neighbor: He's not about to take care of the tree unless someone tells him he has to. He only mows once a month. He never speaks to me or anyone in the neighborhood. He's about 30's, and keeps mastiff dogs. I don't know anything else about him.

I am an elderly woman in my 60's. The previous owners would have taken care of the fallen tree immediately, so when I had to mow around it for 8 months, I got the idea that he had no intention to be neighborly. I'm afraid to approach him.

What I want to know is if there is someone I could call so that he is directed to take care of the tree before it falls on my house.

 

[seniorjudge]

...

What I want to know is if there is someone I could call so that he is directed to take care of the tree before it falls on my house.

...

Nobody that I know of.

But if you are in a city or whatever, call the bureaucrats with the government and ask them if they do such things.

It is extremely difficult to make someone do something before something that you may think might possibly happen in the future really happens.

 

[HuAi]

Send him a certified letter indicating that this dead tree poses a danger. Although it may not compell him to cut it down, if the tree does fall and damage your house, you've established negligenced on his part.

 

[pingwen]

Thank you HuAi. I guess that would be the thing to do.

I live in the country, and there doesn't seem to be any law out here. But, when I had a tree hit by lightning several years ago, I called the electric company and they came and took it down because if it fell it would have taken out the neighbors electric. Half of the tree had fallen on my neighbor's property and I had to pay to have that cleaned up. My property insurance paid for most of it. But the electric company didn't charge to take the rest of it down. Falling trees are a fact of life when you live in the forest, but most of them don't pose any threat to homes etc.

I don't think I can have the electric company take down my neighbor's tree, though. And the possibility of it falling on my lines is remote. The possibility of it falling on my house are not**************

 

[seniorjudge]

Call the utility company and tell them you want to report a hazard to their lines.

That will get their attention.

 

[divgradcurl]

HuAi's advice here is sound.

Just a quick point, you wrote:

and when I asked advice, was told it was my responsiblility... I don't think that was true.

It was true, assuming the tree was healthy to begin with. You were wrong to deposit the downed part of the tree back on his property -- hopefully he doesn't make a big stink about that.

 

[pingwen]

I know it was wrong, but it felt so good. After all, I was just returning what was his to begin with.

If it was true, then why, when my tree fell on my neighbors property was I responsible to clean it up? Why did my insurance pay if it wasn't my responsibility? Doesn't seem they would pay unless they had to.

 

[divgradcurl]

I know it was wrong, but it felt so good. After all, I was just returning what was his to begin with.

If it was true, then why, when my tree fell on my neighbors property was I responsible to clean it up? Why did my insurance pay if it wasn't my responsibility? Doesn't seem they would pay unless they had to.

Maybe they felt it was cheaper to clean it up than argue about it with the other parties. Maybe there were some facts about your tree that led them to believe that you might be resposible. Maybe they just took your word for it that you were responsible. Who knows.

 

[tholt4]

the tree in question is probably 300' tall

That's one heck of a tree. What kind is it?

 

[pingwen]

Unfortunately, I can only identify trees by their leaves, and this one has none. I suspect, however, that it might have been a yellow poplar. Definately not an oak or a maple, just not certain any more.

My tree was a healthy shag bark hickory that was also about 300' tall.

 

[clch]

Interesting, given that neither species is capable of growing that tall.

 

[pingwen]

No, they are not that tall. They are 30' plus, not 300'. Sorry for the extra 0.