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Neighbors tree came down into our yard. Who is liable for removal...

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Looking4anout

Junior Member
What is the name of your state (only U.S. law)? Washington State
Neighbors tree came down into our yard. Who is liable for removal, since it is going to cost money?
Also, what is the legality of throwing it back over the fence onto their property?
 


latigo

Senior Member
What is the name of your state (only U.S. law)? Washington State
Neighbors tree came down into our yard. Who is liable for removal, since it is going to cost money?
Also, what is the legality of throwing it back over the fence onto their property?
What caused it to topple?
 

justalayman

Senior Member
What is the name of your state (only U.S. law)? Washington State
Neighbors tree came down into our yard. Who is liable for removal, since it is going to cost money?
Also, what is the legality of throwing it back over the fence onto their property?
Unless the tree was known concern (dead or diseased such that it could fall) the tree on your side of the property line is now yours to do with as you wish. You cannot throw your yard litter into the neighbors yard. The costs to clean up your yard and repair any damage are yours.

If the tree was dead or a danger in some way and it was obvious to the neighbor or the neighbor was properly notified and they failed to abate the threat, they are liable for all costs involved.
 

Looking4anout

Junior Member
What caused it to topple?
It looks like a week spot in the trunk where it broke off into two growths. Besides a couple dead branches around that area, the parts that broke off looked otherwise healthy.

How could they ever prove that the tree ever came into my yard if it is moved in one piece back to their yard and they do not see me. They would have no proof that we "threw our yard waste" into their yard. So therefor could not do anything legally about it, correct?

Other than us asking them to take care of it out of common courtesy, and they refusing, that is all that has occurred thus far. And for the sake of argument, say they have not taken any pictures of it as is now.
 

justalayman

Senior Member
So you would lie to the police if they were responding to a call from the neighbor claiming you tossed the wood, which there surely will be signs was some on your side of the fence, onto their side of the fence? Wow, what a great neighbor you must be (sarcasm intended)
 

FarmerJ

Senior Member
Looking4 You know there is a chance your neighbor has nanny cams /security cams that cover the yard and you could be recorded and that kind of recording could be used in court ! just cut the dang thing at the lot line and clean up the part of it that's in your yard because I don't see you being able to make the neighbor pay for getting it all cleaned up, it has not been that long, and theres a chance the neighbor may be waiting till a day off to deal with it but if they don't then unless you wrote them in the past on real paper letter and told them the tree appeared to be dying /diseased etc I really don't see making the neighbor pay. ( they might , you never know)
 

Looking4anout

Junior Member
I'm probably the best neighbor to have with the tidiest yard, best kept house on the street. Just think the "law" is backwards in this situation, and instead of common courtesy, the owners of the tree brushes me off. This just starts a normal "well FU" reaction in me. This is just one of those things when you wish you could just do something and get away with. It is not enough to get home owners insurance involved, but enough nuance to take care of in an easy or affordable manor. It is not even worth firewood so it must be hauled off.
 

FarmerJ

Senior Member
You wrote about this on Thursday , how many days had the tree been down, If the tree came down weds or Thursday and with the holiday weekend it is possible that the neighbor has plans to deal with it but just not according to what you think. Try to have some patience if the tree has only been down a short time and if you really cant relax just a bit and be patient then cut it at the lot line, and every bit of it on your side will be yours and could help give you nights of relaxation by cutting it up small enough to use it up in recreational fires ( outdoor fire place/ barbecue pit/ fire pit
 

FlyingRon

Senior Member
Yep, it sucks but I agree you should given them some time to make it right. I had a tree fall from adjacent park land across my garden shed. County was required legally to do anything, but they did have their crew come by and chop it up (they even asked where I wanted the resulting mulch dumped). I was on my own for the shed though (actually, my insurance paid for it).
 

racer72

Senior Member
I'm probably the best neighbor to have with the tidiest yard, best kept house on the street. Just think the "law" is backwards in this situation, and instead of common courtesy, the owners of the tree brushes me off. This just starts a normal "well FU" reaction in me. This is just one of those things when you wish you could just do something and get away with. It is not enough to get home owners insurance involved, but enough nuance to take care of in an easy or affordable manor. It is not even worth firewood so it must be hauled off.
As a resident of Washington, I would have done the same as your neighbor. And I am in the same boat as you often enough too. 2 of the 4 sides of my property abut a HOA easement that is loaded with Douglas fir trees. The only tree on my property is a small cedar. It is not unusual for me to fill my yard waste container with crap that come off all the fir trees on the easement. I spent 3 hours yesterday cleaning all that crap off my roof. The hunk of tree in no different than fir tree needles or leaves from a tree. They are yours to deal with.
 

Just Blue

Senior Member
It looks like a week spot in the trunk where it broke off into two growths. Besides a couple dead branches around that area, the parts that broke off looked otherwise healthy.

How could they ever prove that the tree ever came into my yard if it is moved in one piece back to their yard and they do not see me. They would have no proof that we "threw our yard waste" into their yard. So therefor could not do anything legally about it, correct?

Other than us asking them to take care of it out of common courtesy, and they refusing, that is all that has occurred thus far. And for the sake of argument, say they have not taken any pictures of it as is now.
Px Hx. ;);)
 

Looking4anout

Junior Member
Actually the last conversation had me commenting about howhow it was all pilled up against their fence next to their house and was concerned about fireworks and fire etc. It was gone the next morning.
 

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