A neighbors tree falls in my yard. ...

[tevake]

I agree with what was said above about not escalating an issue with a neighbor. But this guy sounds like a taker. That kind of attitude needs challenged or it will go on for ever and get worse.
You reacted in a very fair and neighborly way and didn't get the right kind of response. Too bad, now things have to go down a harder path. I'll bet he lives on that hard path alot, he brings it on himself.

[Rot 911]

Oddly enough the law in most states is that the neighbor is not liable for damage to your property from a falling tree, unless the tree was dead or diseased and the neighbor knew of said defect. Reasoning is that damage is due to act of God and not the neighbor. Your own homeowner's insurance will pay for your damage if you choose to make a claim.

On the other hand, in most states, the tree is now yours to do with as you want.

[esample]

Kurt is correct. I just went through this myself. The neighbor is under no legal obligation to clean up the tree nor is he liable for any damage the tree may have caused. Not sure who owns the wood, but if you cut it up, I'm guessing it's yours.

Call your insurance agent and your homeowner's will cover everything less your deductible.

-e.

[Roosterrusek]

WOW, for some reason this whole scenario pissed me off for you. Here's what I would say...

"Wait, so you're telling me that despite the tree that fell from your property on to mine, doing damage along the way and according to the law what is on my property is mine, and the fact that you asked me to help clean it up and I said yes...that you want all the wood?"

And do so with a "really?" look on your face. This guy is not going to be your friend nor a good neighbor. He wants you to pay him for you to do work...ask him if that sounds right.

I fycking hate morons, and this guy sounds like he might be the leader of the pack

[BernieP]

Unfortunately some people see kindness as weakness. Good neighbors are priceless. Good luck with what ever you decide. If I was your neighbor and you offered to help I would be all over it.

Bernie P

[stomachmonkey]

Knock wood I've always managed to have great neighbors.

Find out if you get to keep what's on your property then do so and let him know full well why, "cause you're a douche."

[ossiblue]

I agree the neighbor is a jerk, but he might be seeing this a bit differently.

As mentioned, in most states the falling tree is an "Act of God" which carries no liabilities for the tree owner so, technically, any part of the fallen tree on your property is your problem. He is (in his mind) doing you a service by offering to cut up and remove the tree from your property and, in so doing, wants the wood as payment for this convenience to you. If you are willing to help (volunteer), he's good with that but you are volunteering and should not expect payment as he intended to do it alone. If this is his thought process, he doesn't see himself as a douche but may see you as a bit greedy or opportunistic.

I say, talk with him a bit. See if the above is in his mind, and decide for yourself what you want to do. If the tree is not a hassle for you and you want all the wood, tell him to "never mind" and do it yourself or let your homeowners cover it. If the tree is not a hassle, let him do it all and keep the wood. Or, finally, lay out your reaction to the initial proposal, point out the advantages of using your tools and expertise, and see if he is open to splitting the wood.

The ball is in your court. He either gets no wood at all or he gets half. It's your decision.

[dhoward]

Originally Posted by 968rz

What kind of neighbor says no to that offer ?
I could put in a damage claim to my insurance and have the city bill you for the clean up; or I could help you clean up your mess and it will only cost you half the wood.

This.

[5String43]

If it's on your property, it's your tree, your wood.

[Baz]

Fast Fred - Love your posts...it's like reading an adventure novel!

Not sure what the legal aspects are - given what you have said - I would ask my insurance agent for his advice and/or a lawyer who deals in property liability - just so you are up to speed on where you stand legally.

Otherwise - you were NOT out of line to ask for half the wood in exchange for helping with the repairs. You are not just some retired guy with extra time on your hands. Obviously as a business owner "time is money" and then you also have your family to consider - time on this task is time away from them.

Sounds like you are a great neighbor and as Richard said - this guy is a "taker".

I've never felt that telling someone where you stand constitutes animosity per se - it's all about being clear on where you stand and communicating it in a respectful way. I would just say "My offer to help clean this up in exchange for half the wood is more than fair. I can't justify helping you unless we come to a fair agreement. I'm sure we both want that, don't we?" If he refuses then just tell him he's on his own, nothing personal.

Lastly - the way I was raised (thank you Mom and Dad!) if I were that neighbor - I would be all over myself apologizing for the damage I created and would effect resolving the damage ASAP - I mean like "yesterday"! This would include repairing YOUR damage at my own expense. Even then I would feel bad that the accident happened and would seek a way to compensate you ater the repairs were made - like a $50.00 gift certificate at a local pub or eatery.

Please keep us posted!

[dad911]

Your neighbor is a tool. No way I'd let him on my property with a chain saw, if he hurts himself (and he probably will based on your description) he will go after you and your insurance for damages.

[ODDJOB UNO]

i'd PAINT the tree BABY POO YELLOW and DO EXACTLY WHAT MOTION SAID and OWN DAT BEEATCH!



or whip out da old trusty husqvarna chain saw, cut the tree at the exact point of yer property line and have it towed pushed pulled hauled onto his property and be DONE WITH IT!



seeeeee......................YA!



and then build a BLOCK WALL 1 FOOT in on yer property line. with a messikan barbed wire top course(broken corona bottle glass).


you can pick yer nose, you can pick yer friends, you can pick yer butt. you can't pick yer neighbors. but YA CAN PICK BABY POO YELLOW FOR THE PAINT!



'WOW my 3000th blathering time wasted post here. I"M SPECIAL! wheres my secret decoder ring?

[GH85Carrera]

We are the ones that need the decoder ring to read some of your posts.

[Zeke]

Originally Posted by Rot 911

Oddly enough the law in most states is that the neighbor is not liable for damage to your property from a falling tree, unless the tree was dead or diseased and the neighbor knew of said defect. Reasoning is that damage is due to act of God and not the neighbor. Your own homeowner's insurance will pay for your damage if you choose to make a claim.

On the other hand, in most states, the tree is now yours to do with as you want.

Originally Posted by esample

Kurt is correct. I just went through this myself. The neighbor is under no legal obligation to clean up the tree nor is he liable for any damage the tree may have caused. Not sure who owns the wood, but if you cut it up, I'm guessing it's yours.

Call your insurance agent and your homeowner's will cover everything less your deductible.

-e.

That's odd. In CA, if a tree of yours falls over the property line, your ins takes care of everything. If is falls on your property, not so much unless it hits the house.

So, to me, the neighbor is liable for the clean up. Might want to read your HO policy and check the local statutes.

AFA the wood and the neighbor, I'd simply walk away from the whole deal. And if there is a breach in fence security, I'd write him a nice note giving him 24 hours to restore the security. I believe you have the right to have it restored and to bill him for the charges as long as you hire the work out. You don't get paid for your own labor, but you can charge for materials including delivery if you choose to do the work yourself.

I didn't see any reference to a fence, so I might be just ranting.

[jcommin]

Originally Posted by Hugh R

IIRC noise is pressure waves to move your ear drum, so if no one heard it, it didn't make a noise. Unless of course crickets and such heard it.

I was about to respond to the comment about 'making a sound' but you answered it. +1

[bell]

Cut up the tree on your half....stack it up neatly.......he's going to be pissed....
Set up a camera so you can catch him stealing your wood which he thinks is his....and he will, piece by piece......throw his ass in jail for theft.......lol

[skunked]

Originally Posted by Zeke

That's odd. In CA, if a tree of yours falls over the property line, your ins takes care of everything. If is falls on your property, not so much unless it hits the house.

So, to me, the neighbor is liable for the clean up. Might want to read your HO policy and check the local statutes.

This is my understanding as well. Our neighbor's tree fell and took out our other neighbors deck and chimney. It was all taken care of by the homeowners insurance that the tree fell from. Of course this is CA, sounds like the laws vary....

Either way that guy is a prick.

[stomachmonkey]

Originally Posted by ossiblue

....As mentioned, in most states the falling tree is an "Act of God" which carries no liabilities for the tree owner so, technically, any part of the fallen tree on your property is your problem. He is (in his mind) doing you a service by offering to cut up and remove the tree from your property and, in so doing, wants the wood as payment for this convenience to you. If you are willing to help (volunteer), he's good with that but you are volunteering and should not expect payment as he intended to do it alone. If this is his thought process, he doesn't see himself as a douche but may see you as a bit greedy or opportunistic....[/B]

Valid counter point from the neighbors perspective but IMHO (and I think you agree) if he feels his tree falling on Freds property is Freds problem because the law says so then he is an even bigger douche.

[ossiblue]

He may or may not be responsible for the clean up, that needs to be confirmed for your state. However, regardless of his liability, you are exposing yourself to liabilities if you allow him to personally work on your property to clean up the mess. He should be thought of as any other stranger who knocks on your door and asks to clean up the tree--would you allow that without considering possible injury and lawsuits from an injury?

If, like here in CA, he is responsible, it should be done through his insurance carrier (believe me, they would not like it if he personally cleared the damage.) If he has no liability, then consider the job yours to clean and consider him as an uninterested second party.

[ossiblue]

Originally Posted by stomachmonkey

Valid counter point from the neighbors perspective but IMHO (and I think you agree) if he feels his tree falling on Freds property is Freds problem because the law says so then he is an even bigger douche.

No question about that. Doing only what is legal vs what is right is one of the characteristics of a douche. Just ask Joe Pateno (if you only could.)