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  1. #1

    Default Are You Liable for a Tree That Partially Fell Onto a Neighbor's Property

    My question involves real estate located in the State of: NJ

    Hope I'm posting this in the correct place.

    Property line for my parents and their neighbors converges in a wooded area. During a storm several weeks ago, a large tree which was rooted on my parents' side of the property line fell, and is now resting on/against a large tree on the neighbor's property. Both trees are entirely within the wooded area. Nothing has actually hit the ground or damaged any physical property items belonging to the neighbor. Hypothetically, if the neighbors' standing tree were to fall, it could potentially reach into their lawn outside of the wooded area and or hit something, although it appears that IF that were to happen, the tree would fall in the direction away from the neighbors' yard. At this point, several weeks later, I have doubts as to whether any future damage/falling of the standing tree could be reasonably attributed to the tree from my parents' property resting against it, since it has been fully supported now for such a length of time.

    The neighbors have been leaving voice mails for my parents, initially indicating that the standing tree could potentially be forced down and damage their property. Now that that has not occurred, they are citing potential for neighborhood children to be hurt by climbing on the fallen tree, and repeatedly demanding to know what my parents are going to do about it (note that there are no neighborhood children living in the immediate area - both my parents and the neighbors are in their 70's - neighbors do have grandchildren that occasionally visit).

    From what I can see, the fallen tree appeared to be healthy prior to the storm, and fell due to wind/wet soil/uprooting. The only actual visible damage at this point is scraped bark on the neighbors' tree where the falling tree hit it. The fallen tree is now leaning against and being held up by the standing tree - the fallen tree appears to be fully off the ground, and suspended/balanced between trunks of the standing tree.

    Are my parents responsible for the tree falling from their property and onto the neighbors' property? Are they responsible for removing the fallen/leaning tree from the neighbors' property? Are they liable for any subsequent injuries to individuals who may attempt to climb on the trees, which are now both on the neighbors' property? This seems to me as an act of God that felled an otherwise healthy-looking tree, and that my parents have no ability/responsibility to control potential future actions of children/adults on the neighbors' property, or liability for hypothetical injuries resulting from such actions.

    I always appreciate and enjoy the advice provided on these forums. Hope I've provided sufficient detail that someone can help determine the proper/necessary course of action (if any).

  2. #2
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    Default Re: Are You Liable for a Fallen Tree that Fell Onto a Neighbor's Property

    From what you have told us so far, the tree is your parents' tree. It fell part way in a storm, and now is in danger of falling (the rest of the way) onto their neighbor's property and causing injury. There is no way to presently look at the tree and not see it as dangerous and likely dying.

    If your parents choose to let their tree stand (for lack of a better word) rather than removing it, depending upon exactly what happens, they could be liable for an injury to person or property that results. The rest depends upon the full facts, including the nature of the area, the manner in which people use the area, and the facts of any injury.

  3. #3

    Default Re: Are You Liable for a Fallen Tree that Fell Onto a Neighbor's Property

    Thanks for providing some clarity - I'd been looking at the fallen tree as being at rest, since it has maintained it's current position for the past couple of weeks. However, since it hasn't yet actually hit the ground, I see your point.

  4. #4
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    Mar 2013
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    Default Re: Are You Liable for a Tree That Partially Fell Onto a Neighbor's Property

    Quote Quoting Novice
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    Are my parents responsible for the tree falling from their property and onto the neighbors' property? Are they responsible for removing the fallen/leaning tree from the neighbors' property? Are they liable for any subsequent injuries to individuals who may attempt to climb on the trees, which are now both on the neighbors' property? This seems to me as an act of God that felled an otherwise healthy-looking tree, and that my parents have no ability/responsibility to control potential future actions of children/adults on the neighbors' property, or liability for hypothetical injuries resulting from such actions.
    From a "legal" standpoint your parents wouldn't be liable for damage done by the tree when it was blown over by the storm since it was apparently visibly healthy before the storm.

    BUT, now that they KNOW that the tree is an obvious hazard they would be liable for damage or injury going forward if they failed to remove the hazard.

    No amount of "spin" prevents the lawsuit from being delivered to their door with unpleasant results.

    The "proper/necessary" course of action is for your parents to hire a tree removal company and get the tree removed ASAP.

  5. #5

    Default Re: Are You Liable for a Tree That Partially Fell Onto a Neighbor's Property

    Message received and delivered - calling a tree service today.

    Thanks

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