storm blew tree into neighbors parking lot

[shanhammer]

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

We have rental property that backs up to an apartment complex. There is a large tree that sits on our side of the property line fence. During a storm last week part of the tree blew down into the parking lot of the complex. Fortunately there weren't any cars parked in the parking spaces, however, the large section of tree is taking up those spaces. The manager is asking us to remove it but my husband is saying that since the limbs were above his property that it is his responsibility to remove the debris. Who should be responsible for the clean up?

Thanks for your help!
Shannon

 

[seniorjudge]

Q: Who should be responsible for the clean up?

A: You, because, "There is a large tree that sits on our side of the property line fence."

 

[HomeGuru]

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

We have rental property that backs up to an apartment complex. There is a large tree that sits on our side of the property line fence. During a storm last week part of the tree blew down into the parking lot of the complex. Fortunately there weren't any cars parked in the parking spaces, however, the large section of tree is taking up those spaces. The manager is asking us to remove it but my husband is saying that since the limbs were above his property that it is his responsibility to remove the debris. Who should be responsible for the clean up?

Thanks for your help!
Shannon

**A: your husband would never make a good laywer or a good neighbor. It's your tree, it's your responsibility.

 

[HuAi]

Wouldn't this fall under an act of god and would be the responsibilty of the neigbhor? If not, why not?

 

[seniorjudge]

Wouldn't this fall under an act of god and would be the responsibilty of the neigbhor? If not, why not?

Than you for your funny.

Oh...by the way...I am reporting you to God.

 

[divgradcurl]

Wouldn't this fall under an act of god and would be the responsibilty of the neigbhor? If not, why not?

I agree. Unless the property owner knew, or reasonably should have known that the tree was likely to fall, each property owner is responsible for cleaning up the mess and repairing the damage on their own property.

 

[rowz]

GEEEEEZ!!!

Some of you folks are confusing.

For well over a year I have been reading thread after thread that deals with trees dropping lims/fall over into adjoining property.

The answers I have read [and my own experiences] have been that unless the debris/tree had known defects then the onus is on the one who gets the Gift from God to clean it up.

If apples from the neighbors tree fall on my land then the fruit is mine. The spoiled fruit as well and I am not supposed to toss it back on their land. [would that not be littering?]

So.....can someone clear this up?

No snark, no tongue in cheek....just askin.

thanks

 

[divgradcurl]

GEEEEEZ!!!

Some of you folks are confusing.

For well over a year I have been reading thread after thread that deals with trees dropping lims/fall over into adjoining property.

The answers I have read [and my own experiences] have been that unless the debris/tree had known defects then the onus is on the one who gets the Gift from God to clean it up.

If apples from the neighbors tree fall on my land then the fruit is mine. The spoiled fruit as well and I am not supposed to toss it back on their land. [would that not be littering?]

So.....can someone clear this up?

No snark, no tongue in cheek....just askin.

thanks

Your understanding is correct. This falls under a general negligence theory of liability. If the tree owner knew, or reasonably should have known, that the tree ws going to fall, then the tree owner may be liable. Absent that, the original tree owner has no liability for a fallen tree or fallen branches.