[TSO/ISPF]

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?

[Koapaka]

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)

[Papa_lecki]

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

[Djean1981]

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?

[TSO/ISPF]

Originally Posted by Djean1981

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

[Djean1981]

That's interesting...

[Malsua]

Originally Posted by heims01

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?

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

^

[Papa_lecki]

Originally Posted by Malsua

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 on 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 borer's 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?

[bagboy]

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.

[Malsua]

Originally Posted by Papa_lecki

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

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.

[Djean1981]

That's interesting...

[EdFNJ]

According to both Judge Judy and Judge Milian (on Peoples Court) 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.

[Papa_lecki]

Originally Posted by EdFNJ

According to both Judge Judy and Judge Milian (on Peoples Court) 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

[Two Bills]

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.

[airdote22]

Originally Posted by heims01

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?

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