If a tree in your yard is dying and may fall on your neighbor's dock?
 

We have a large tree near a lake shore at home. It is dying and will eventually fall into the lake, and perhaps on the neighbor's dock if it falls when the dock is in. If we would like to let nature take its course and let the tree fall naturally in the lake to provide structure for fishing, etc. are we liable if the tree damages the neighbors property?

From my understanding if a tree on YOUR property creates damages on someone elses property, YOU are responsible (or legally liable) should it go to litigation....I think in this situation I would call my insurance company for advisement (and ask them to back it up with email proof if they say not your problem)

If tree is on your property, and it falls on neighbor’s property, you’re paying for repairs.

Even if you aren't financially liable, why risk damaging your neighbor's property? Couldn't you pre-emptively guide it to fall where you want it?

If we cut the tree down we need to remove debris. If the tree falls naturally into the lake, then you may leave it as is. If we could just leave the tree in the lake it would be a lot less expensive to cut down but the rules are what the rules are. I have spent more money removing trees than I care to recall, most recently a diseased Palm the first few months after purchasing in the villages

That's interesting...

I'd rather have an unobstructed view of smooth water than a giant snag laying off my shoreline. I guess if your lake is more of a swamp, then who cares.

That said, we had a giant ash tree taken down that was leaning over the neighbor's house. If it had fallen due to no fault of our own, it would have NOT been our problem. The insurer of the neighbor's house would be responsible. That said, the right thing to do, which is what we did, when the tree started dying due to Emerald Ash borers was to have the tree taken down. So we did.

Here's the video: Tree Removal - YouTube

^

And you don’t think his insurance company would not have tried to collect from yours?

In South Carolina, the law and the insurance companies all stated when I inquired, that when/if my tree falls onto a neighbors house, the neighbor and their insurance company are responsible for repairs. I would imagine that laws are different in other states.
With that said, we had a very tall pine tree from behind our home get struck by lightning, and fell within a few feet of our house. Not wanting to take a chance of future damage to our home, or our neighbors house, we had 13 more pine trees removed along with 2 dead oak trees.
Take the advice offered earlier and check with your insurance company, then do what you think best.

They wouldn't win. Not sure about the laws of other states, but tree damage is covered by your policy unless there was negligence. "act of god" or whatever they want to call it, but not my problem. That said, if the neighbor notified us that the tree was dying and had an arborist verify this, then we would be responsible.

Emerald Ash Borers are such a problem in NJ, that I can spot it easily, so the signs were there, it was just a matter of time. The tree guy verified it for us too. He told me in 18-24 months a good wind would have taken the top out. The guy was already paid, so it wasn't like he was spinning a yarn to get sales.

That's interesting...

According to both Judge Judy and Judge Milian (on Peoples Court) :D :D If it is a healthy tree and hit by lightening or blown over and falls on your property it's your problem however if you had previously notified your neighbor it was a dying or dead or sick tree and then it fell he/she would be responsible. Can't blame God or his/her weather makers. Bottom line is if it is a "sick/dying" tree notify your neighbor in writing, email or text to CYA. You CAN cut a tree anywhere it hangs over your property line without permission from the owner.

Or post on an online forum that tree is damaged and will fall

If I was in your shoes, I would ask myself, what would I want the neighbor to do in the same situation.
On the other hand, we all pay years for insurance, and seldom if ever use it, let them sort it when it happens, or tell your provider the situation, and see if they will pay for removal before it falls.:shrug:

Guest
 

U are fully aware that tree on your property is likely to go down onto another property, you better believe U will be liable.

Happened to us in New England
 

We lost two trees in two situations. According to the insurance company, if the tree was healthy and struck by lightening or blown down - act of god - so you are not liable. If the tree is unhealthy and not addressed and falls on your neighbor's property - you are liable.

Not sure of your state, but in mine a falling tree that results in damages would be paid for by your neighbor's insurance. In almost 100% of the cases, their insurance company sues you and they recoup the cost.

In the case where there is no damage (ie falling in a lake), if it is on someone else's property line that it falls they can sue you to remove it. I imagine it would cost more for you to have it removed from a lake than a controlled fall on your property and disposal.

If nothing else, think of the animosity if they go to put in their dock and your tree is laying there in the way and you saying it isn't your problem! I'd make your life a living hell....

If it can be proven that the tree was diseased or dying and it fell on your neighbor’s property, you would be responsible for the damage, even if it was blown down in a storm. According to “The People’s Court” on TV.

Maybe the neighbor won't be able to tell where it came from.

Well, OP admitted, here, that the tree is diseased and damaged…..in some cases, free legal advice from the internet isn’t worth the price.

And I thought 90% of the people on ToTV were lawyers or judges...
:bigbow::bigbow:

Had this happen in Ohio. Two trees fell on my roof from my neighbors property. My insurance company had to cover removal and roof replacement. Surprised me as I thought her insurance would cover it.

Fl law says owner of dead tree is responsible for damage to neighbors property

I had a similar situation, in fact, about three years ago back in Minnesota. Had a gorgeous walnut tree in my back yard. During a thunderstorm, lightning hit it and split it right down the middle. Half fell on my deck, half on my neighbor's house. I don't know how the insurance companies down here view it but back there, with the company I had anyway, a tree falling from your property and damaging your neighbor's property means you are liable to pay for his damages and the insurance won't pay a dime for that--unless, of course, the accident was caused by an "act of God" which is defined as a natural occurrence outside of human control, such as an earthquake, tsunami--or (thankfully) lightning.

If your tree is dying then you have the choice of whether to remove it or not. I'd remove it. I very much doubt your insurance would cover it anyway and you'd keep up a good relationship (assuming you have one now) with your neighbor.

If your neighbor is reading this thread …. I hope he/she copies it b/c it proves you have notice of the dangerous and defective condition- your sunk bro…Alex I’ll take protective measures fer 300….

If your neighbor sees this post you are libel as you just admitted that you knew and were aware that the tree was in danger of falling on the neighbors dock. Had you not been aware and the tree fell on your neighbors dock it’s on t
Him and his insurance company

You have now admitted the tree could be a problem so you are responsible for any damage it may cause. The law states that if the neighbor complains about the tree's possibility of causing damage to their property or you admit to it then it will be your responsibility if the tree does indeed cause damage. And why would you take a chance of causing damage to your neighbors property?

Regardless if their dock is in or out when the tree falls, it will encroach on the space where they have a dock.
Do the right thing and have the tree removed.
The fish have enough habitat without your dead tree in the lake, in a spot that prevents your neighbors from putting in their dock.

idk, this is a terrible risk! up north we had the same issue-old maple tree in OUR YARD was hanging half in the neighbors' yard. @ nite with the new england winds blowing i could hear that old tree creaking & stayed up hoping it would'nt break off, damaging the rear of the neighbors' home. i had to be proactive--we paid well to have that tree taken care of, & arborist was saying how lucky we were that he got to it 1st. it would've cost much more to repair neighbors' home that to cut the tree in the 1st place. my advice is don't wait! meet with the neighbor, discuss your concerns & make a date to have the tree cared for.

My mom and sister would regularly read Ann Landers advice column. She is long gone but my advice to them applies. People offer you advice but in the end if it goes bad the same people will say sorry to hear that.

My view, there is right, there is wrong and there is legal, they are often not the same.
You know what the right thing to do is. That tree could fall at the wrong time and injure not just property but you or your neighbor. Which way will a tree fall is easy to tell. It is common for a tree to lean and it will most likely fall the way it is leaning. Like Ann Landers I accept no responsibility should it go bad.

Re: insurance
There is usually a deductible

Re: people
My guess is the original poster knows what the right thing to do is.

Under Florida tree law, the health of the tree determines who is responsible when that tree causes damage to a neighboring property. Gallo, 512 So. 2d at 216. As long as the tree was healthy at the time, a landowner is not liable for damage caused if the tree falls down onto a neighboring property.Mar 17, 2021

Do the right thing and take the tree down.

The neighbor knows because we mentioned it to them.
 

The arborist who looked at the tree said it was lightning that did it. The tree still leaves out put you can see part of the tree roots moving in the wind. We will have it removed but it's in a tough spot. No access for heavy equipment and you would have to climb it to top it before trying to drop it in the yard because of its size and proximity to your house/deck.
Thanks for all your thoughts on this.

I’ve been in property management for 33 yrs in Colorado. We manage rentals & HOAs. When this happened at one of the rentals (house hit by a downed branch from the neighboring property), the insurance company told us the damaged property’s insurance pays & they work it out with the other insurance. I know it sounds unfair & I had difficulty accepting it but that’s what they said & did.

Another thing to consider is what the DNR and/or Corps of Engineers and/or the Coast Guard would say about letting a tree fall off your property into a waterway. (Don't know the size of the lake, where it is, etc.)

Court will frown upon someone not remediating a known problem. Good luck denying this post in discovery. Just fix the problem

An insurance agent in Georgia explained to me this way: If your tree falls on your neighbor's property it is covered by your neighbor's insurance. If the tree is dead then it is covered by your insurance. In order to be liable you must be negligent.

I don't think so legally anyway. We had a neighbor's tree come down on top of our house during a hurricane and our insurance company told me it was our problem to get it removed and fix the damages, not the neighbors. In this case, your neighbor may be able to shift the onus onto you if they notify you in writing of the impending danger to their property but I am not a lawyer or insurance agent.