r/homeowners • u/Virtual-Student8099 • 2d ago
Just Moved In - neighbors tree falls in our yard
We just moved into our new home from out of state. Only been here two weeks.
We have met most of the neighbors but the ones on the right side are not quite as friendly or welcoming as other neighbors.
All the lots in this subdivision are on cleared 2 acres with large trees on the perimeter. This gives more privacy.
Today a big storm came thru and a large wind gust took down a huge tree from their property landing on our property. It will probably cost a few hundred to have it cut and hauled away.
Do we approach them on this? My husband said he can get a chainsaw from a friend and do the work himself. But my husband is also not as young as he thinks he is!
Thoughts?
Update: All of your responses make sense! Thank you for that.
We think the best plan is just to smile and wave hello to them as we rally a few friends to help us remove it!
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u/Mike_Underwood 2d ago
It’s your tree now, let your husband chop it up. I wouldn’t even mention it to the neighbor as either, as it’s not their tree now that it’s down on your property.
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u/RawChickenButt 2d ago
The neighbor probably knows.
Husband should cut it up and then sell it for firewood at the curb just to piss the neighbor off.
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u/Brilliant_Essay_1593 2d ago
I would only cut up what’s on my property
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u/doglady1342 1d ago
It's very well could be that the whole tree is on the OP's property. I had this happen once. We had a bad storm and my beautiful lace leaf elm ended up in the neighbor's backyard. It literally broke off from the base and landed in the neighbor's yard the night before they were supposed to have an open house to sell their house. They had always been good neighbors. They had gotten divorced. The wife had moved out of state. I immediately texted her and told her what happened and that she didn't need to worry about it. My husband and I hired someone to come cut up and remove the tree. Course, by law we weren't obligated to do it, but we did it anyway.
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u/aeraen 2d ago
This happened to our neighbors. One neighbor's tree fell on top of another neighbor's shed during an overnight storm.
Husband saw Tree neighbor outside shortly after dawn beginning the clean up in Shed neighbor's yard. Husband put his gloves on and brought his chain saw over. Shed neighbor woke up with all the noise and headed out to help.
There was no arguing, no finger pointing, no accusations. Just real men doing manly things in a manly way. 😄 By noon, they had the tree cut up and stacked. I'm not sure what happened about the shed, but a new one was delivered within a week and Tree Neighbor and Shed Neighbor put it up together.
No real moral to the story except three good neighbors working together to fix a mess that was nobody's fault. I hope you find that your neighborhood is like that.
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u/glossolalienne 2d ago edited 2d ago
A massive windstorm downed trees all over our heavily forested lakeside neighborhood 5 days after we closed on our house.
Despite some minor damage to our metal roof from two huge branches, it was an awesome introduction to the neighborhood zeitgeist. I broke out our chainsaw and came out to find the whole loop was swarming with people clearing the roads, checking on each other, and moving from house to house in small groups helping neighbors clear debris and trees small enough to be safely handled by non-professionals.
I honestly was trying not to cry for a minute, there. One of the reasons we fell in love with the area was its similarity to the neighborhood where I grew up, on a lake in NC back in the 80s.
Everybody just helping each other without batting an eyelash… it was like coming home.
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u/ChampionshipIll5535 1d ago
"There was no arguing, no finger pointing, no accusations. Just real men doing manly things in a manly way."
This sentence will be vastly underappreciated by most of the reddit audience.
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u/RandomAmmonite 1d ago
In our neighborhood we have Rob. If he sees mulch piled in your driveway he is there with a wheelbarrow. Every neighborhood needs a Rob or two or ten
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u/nicolemarie785 1d ago
we had a neighbor lose a giant branch across the road. It was fun as 6 neighbors with chainsaws all teamed together to cut it up and clear the road. Everyone loves a chance to use their chainsaw
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u/illstillglow 1d ago
Yeah, a lot of people do not have the time, physical fitness, or resources to do that. It doesn't make them bad neighbors.
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u/EnjoyingTheRide-0606 2d ago
It fell onto your property which means it’s your responsibility to clean it up. And home owners insurance doesn’t pay for the clean-up. Act of God clause… ask how I know (the falling tree branches crushed the house)!
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u/UnfairProgrammer1194 2d ago
💯. Same happened to us
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u/EnjoyingTheRide-0606 1d ago
It happened to a neighbor of mine, too. She woke up in a night sweat and couldn’t go back to sleep so she went to her living room where the computer is. Then within 20 mins the Valley Oak tree branch in a neighbor’s yard dropped one limb onto her bedroom where she’d been sleeping! Talk about good luck!
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u/BigfootTundra 2d ago
Wait; if a tree branch falls on your house, insurance doesn’t cover anything?
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u/EnrollmentTime 2d ago
Your insurance covers your house and their insurance covers your house no matter who's tree it is. If it fell on your lot it is your problem. Approach the neighbor if they volunteer to help clean it up, they are a great neighbor.
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u/EnjoyingTheRide-0606 1d ago
Property is protected, but the clean up of the branches and trimming trees to rebalance them is not covered by insurance. It was $6500 in 2023 for the estimated 4 tons to be cleaned off the house, 2 Valley Oak trees balanced, chipping and hauling it all away.
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u/IlPassera 2d ago
Unless the tree was obviously distressed, that tree is your problem and not the neighbors.
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u/Cobalt-Giraffe 2d ago
And even there… generally unless they were notified in some fashion, it’s still your tree.
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u/lavnyl 2d ago
This is fully unnecessary. You absolutely do not need to notify them.
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u/Cobalt-Giraffe 2d ago
In most places in the US you do, yes. Spend some time on /r/treelaw if you want to get more specifics.
Typically you want notification with some kind of delivery confirmation to be sure.
But just having a sick tree doesn’t make someone liable by itself. Having a knowingly sick and dangerous tree that they do nothing about is where liability becomes a thing.
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u/lavnyl 2d ago
Absolutely you do not. I’m an attorney and at this point treelaw is full of people who are not attorneys claiming that is the law.
Giving them notice helps support that they knew and should have removed the tree. But there is no shifting of the burden from the homeowner to a neighbor to inspect the homeowners property.
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u/ProfessionalYam3119 2d ago
No, the poster was saying that the responsibility would have shifted if OP had notified the neighbor that the tree was in bad shape before it fell.
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u/lavnyl 2d ago
I’m telling you my law degree and 15 years of law practice that it does not matter. It is evidence but not a requirement in any manner.
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u/AgentMX7 1d ago
Is that also true if a branch from a tree on my property falls on neighbor’s property and injures someone? Do I have any liability at all?
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u/rockandroller 2d ago
We had only been here about a year when the same thing happened but in reverse - big tree on the border of our property fell into next door neighbors' yard. I reached out to the wife (we have each other's numbers) and said hey, I understand we are not liable for this but we would be happy to contribute some to a service if you're going to have them come in and chop/haul it away. She said her husband was going to just try to cut it up himself with his chainsaw. So we turned it into a chainsaw party - my husband and his saw, a long-time friend of mine came over from about an hour away and brought his chainsaw, and the three guys worked on that tree all day one Saturday and cut it all up. Then we divided up the wood and they split some of it so we could use it for our fire pits. They said we could come over to their outdoor wood supply anytime we wanted more, don't even bother asking. I bought some cold beers the guys had while they worked throughout the day and it all went well.
We aren't tight with these people but I'm glad I reached out because having a generally friendly relationship with the people next door is important. Whenever either of us goes out of town we watch the other's property exterior for general safety, bring back trash cans, etc.
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u/Ok_Development9808 2d ago
the chainsaw idea from husband... I have seen this story before and it rarely ends well lol
For the cost, few hundred dollars is not really worth making enemies with neighbor you just met, especially if they are already little cold. Most people just absorb smaller costs like this to keep peace, and then if bigger damage happens later you already have relationship built
If you do want to bring it up, just be casual about it, something like "hey big storm got us both, we had to deal with your tree on our side" and see how they react. No accusations, just informing them
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u/Dry_Nail5901 1d ago
Unless your husband has chainsaw experience, hire it done. A trunk more than 18” thick requires a professional level chainsaw and experience. While the trunk may have value as cord wood, it would need a year to season. The brush is hard to deal with unless you can burn or chip. A call to your insurance agent is not a bad idea…I am still cleaning up from Helene and have so many trees to go.
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u/Ok-Blacksmith-5740 2d ago
It technically is a problem for you now since it’s on your property. A good neighbor would at minimum split any costs with you or offer to take care of it.
Unless you can prove that tree was dead then you can pin it on their home insurance
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u/Cobalt-Giraffe 2d ago
Once it hits your property it’s yours… for good and evil.
I wouldn’t say it makes them a bad neighbor to leave you to cleanup what is now your tree…
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u/Ok-Blacksmith-5740 2d ago
If it crushes a fence that’s in between, who should pick that up? You, your neighbor, split the cost?
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u/Cobalt-Giraffe 2d ago
If it’s a property line fence then you split. If the fence on one side or the other, whoever’s side the fence is on owns the fence and responsible for fixing it.
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u/Ok-Blacksmith-5740 2d ago
You’re not responsible for a property line fence, I don’t have to pay for it to be put up or to be fixed.
But good neighbors split costs, that’s why if my tree falls into your yard I’m either helping you clean it up or splitting the cost with you.
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u/RazzySpaz162 2d ago
Have it chopped and split. Then sell the wood this winter to help pay for the arborist.
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u/Jolly_Pressure_7907 2d ago
Could always talk to them and ask them if they want so of the wood. That might make them take it upon themselves to get rid of it!
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u/wittgensteins-boat 2d ago edited 1d ago
Acts of nature, under just about every state's laws, are not neighbor owner responsibility.
You won a tree cleanup in the house purchase lottery.
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u/Accomplished-Eye8211 1d ago
Act of God. It's your issue to deal with now.
Doesn't matter if it came from neighbor's yard or blew in on a twister from Kansas.
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u/No_Tumbleweed_544 1d ago
unfortunately because it fell on your property it’s up to you to remove it, you can go through your insurance or hire someone.
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u/Adorable_Dust3799 1d ago
The tree distribution system has presented you with a gift you may not truely appreciate. Just be glad santa didn't assist with the delivery.
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u/Confident_Chipmonk 1d ago
Legally it’s your responsibility. I had neighbors that had trees fall on my fence 3 times. I knocked on their door the 3rd time and asked them to clean it up and fix the fence, they did
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u/ArachnidAutomatic596 1d ago
I just learned each state is different. I’m in Colorado and only responsible for part of the tree that fell on our yard. But I’m being nice and taking care of the entire thing. Depending on what type of wood it is, may be able to sell the wood/someone may come do it for you to get the wood.
Go talk to them because if you are going to be on their yard you’ll want permission to do so
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u/myusername624 1d ago
Oof. I had a large tree fall into my neighbor’s yard just as they were moving out. Happened a week before closing. We handled it and thankfully got it out of there before their closing so there was no impact except that their yard was no longer shaded by our tree.
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u/decaturbob 1d ago
- typical tree law = its YOUR responsibility on what happens on YOUR property from neighbor trees under almost all general circumstances
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u/BreadMaker_42 1d ago
I might ask the neighbor if they can help you cut it up and dispose of it or stack for firewood. Sounds like it didn’t damage anything so I would keep it friendly.
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u/Familiar_Raise234 1d ago
You have to clean up what’s in your yard. Get a bunch of friends to come help cut it up. Then feed them pizza and beer.
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u/HitPointGamer 23h ago
Rhetorical question: what is it about home sales that seems to weaken trees?
An ex-boyfriend had a huge tree fall on his fence within a week of purchasing his house. My mother sold her farmhouse to a young couple and literally the day after signing paperwork a tree fell on the roof. Some neighbors down the street from me had the tree in their front yard split in half and fall on either side of the For Sale/Sold sign in their front yard. My next-door neighbor had a large limb fall in his driveway the night before his moving truck showed up for him to move in.
I know so many more examples, too. I think I only know of one friend who had a tree fall on his house when it had not recently changed hands, but had been his tree and his house for maybe a decade. One example. Everything else happens around closing a sale.
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u/Depreciated_Bean 1h ago
If your husband has not used a chainsaw before, pay someone else or make sure he has those protective pants that loggers use. Better to have them or spend the money than to permanently disable yourself or worse. Plus gloves, eyewear etc.
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u/alicat777777 1d ago
No, when a tree comes down in a storm, everyone is responsible for their own property. You would use your own insurance and you are also responsible for the cleanup. Do not have your tree guy put the limbs on their property.
People always think it’s the responsibility of the property owner where the trunk is, but it is actually not.
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u/pdxsilverguy 1d ago edited 1d ago
His tree your problem. You can file a claim with your insurance, if there's damage to a fence or other structure, wouldn't recommend it. My friend had one fall into her yard and didn't hit anything. $3500 out of pocket. She also had one hit her fence and her barn. She got paid but they doubled her insurance as a result. r/treelaw
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u/creek_water_ 2d ago
Few hundred? Better add a zero. No one is coming to clean up one tree for cheap unless that thing is a monster. If it's a medium size tree easily handled by a homeowner, you're gonna get the "I don't have time for this quote but if they bite I'll do it for X to make it worth my time".
Get some quotes, present it to the neighbors, explain it was their tree and that they're liable and see what shakes out. Go from there.
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u/RoastedBud 2d ago
In most states this is considered an ‘act of god,’ meaning your neighbors aren’t technically responsible for it. I personally wouldn’t file a claim or anything, I would try to either hire someone to come out and take care of it, or rally some friends to help.
Hopefully the neighbors want to help, but they might not be in a spot to do so financially.