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Old 09-16-2018, 02:54 AM   #1
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Beware of falling trees in New York

We just had a wake up call the other day. About 10:30 at night, there was a huge crash outside the house.
The neighbors fifty foot tree had one huge branch come crashing down.

There was no wind, no rain and no warning. The branch in the photos is at least 18" in diameter.
Fortunately for us, that branch was aiming toward another neighbor and only damaged their fence.
The larger remaining branches aim toward our yard and Airstream!

I was worried and called our insurance company to see if we have any legal right to demand that the rest of the tree be removed, and the answer was shocking!
Since we live in New York State, and if the tree is healthy, We have no legal rights, because falling tress are a "Act of god"!
Add insult to injury to that, NY law says that whatever damage or injury the neighbors tree does on our property is on our dime!

Fortunately, our neighbor is sensible and they are having the entire tree removed. (BTW, the trunk of that tree is so large, I dont think three adults could hold hands around it. It is going to be a expensive tree to remove.)
If they were a different type of neighbor, I would have to try and fight it in court to prove that a tree that looses a 18" branch in calm weather, cant be healthy.

So, New Yorker's beware of where you park your Airstream. or for that matter, just be aware of your neighbors huge old trees and what they might do to you and yours if they come down! It may cost you more than you thought.
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Old 09-16-2018, 03:26 AM   #2
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That's pretty much the law in most states. If your neighbor's tree falls into your yard, it's now your tree.
Of course, that also means if your neighbor's tree is an apple tree, any apples on any branch of their tree that's hanging over your property are your apples.
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Old 09-16-2018, 04:04 AM   #3
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^^^^^ x2

Trees falling is but one aspect of English Common Law that goes back many many centuries:

https://en.wikipedia.org/wiki/Common_law

Most human conduct has happened before, and there are rules that have evolved to keep us from fighting with our neighbors in tribal clan warfare.

You might ask if we are heading back to the cave . . . !!!



Peter

PS -- Louisiana is a state which relies on its own version of Common Law, derived from France. One notable difference, to use an inaccurate broad-brush, is that there, if a neighbor is in trouble, you often have a duty to help her or him. Under English law, you are free to watch them suffer, perhaps even die in front of you. [+/-]
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Old 09-16-2018, 04:18 AM   #4
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My theory on how the law "should work" is; If anyone, in a suburban neighborhood, has a tree that is allowed to grow beyond a size that poses a significant danger to life or property, should be fully responsible for the actions of that tree.

So if your neighbor grows huge redwood trees in their yard, when one eventually falls and takes out 3 homes, it should not be the 3 homeowners who should suffer for the irresponsible neighbor.

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Old 09-16-2018, 04:30 AM   #5
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Originally Posted by WayneG View Post
My theory on how the law "should work" is; If anyone, in a suburban neighborhood, has a tree that is allowed to grow beyond a size that poses a significant danger to life or property, should be fully responsible for the actions of that tree.

So if your neighbor grows huge redwood trees in their yard, when one eventually falls and takes out 3 homes, it should not be the 3 homeowners who should suffer for the irresponsible neighbor.

Fortunately, common sense will prevail.
If what you want the world to be, is, there would be very few trees over ten feet in height anywhere there could be any possibility of them possibly causing damage.
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Old 09-16-2018, 04:40 AM   #6
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Weren't the trees there first, and humans "came to the nuisance?"

That voice in our head often has a problem with the real world, upon which we come!

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Old 09-16-2018, 05:11 AM   #7
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Weren't the trees there first, and humans "came to the nuisance?"

That voice in our head often has a problem with the real world, upon which we come!

The trees must endure the human infestation
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Old 09-16-2018, 06:19 AM   #8
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That's pretty much the law in most states. If your neighbor's tree falls into your yard, it's now your tree.
Of course, that also means if your neighbor's tree is an apple tree, any apples on any branch of their tree that's hanging over your property are your apples.
Mount a laser level on the fence, vertically, and cut everything on my side of the beam.

Heck, I have one of those apple trees, it's grounded on my side and grows, at an angle, over the line, I hate it but leave it cause the neighbor loves it, I just trimmed the 3 branches that got to close to my driveway.
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Old 09-16-2018, 06:23 AM   #9
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The nice part to this is that those trees would probably just "lean" on the house, the can't really build enough momentum to do serious damage and they potentially act as a defense against further ones from getting a clear shot at the house.
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Old 09-16-2018, 10:15 AM   #10
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Mount a laser level on the fence, vertically, and cut everything on my side of the beam.
. . .
Under Common Law, you may not have a clear legal right to do that, especially if your pruning causes damage to the tree IMO.

Peter
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Old 09-16-2018, 10:20 AM   #11
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Originally Posted by WayneG View Post
We just had a wake up call the other day. About 10:30 at night, there was a huge crash outside the house.
The neighbors fifty foot tree had one huge branch come crashing down.

There was no wind, no rain and no warning. The branch in the photos is at least 18" in diameter.
Fortunately for us, that branch was aiming toward another neighbor and only damaged their fence.
The larger remaining branches aim toward our yard and Airstream!

I was worried and called our insurance company to see if we have any legal right to demand that the rest of the tree be removed, and the answer was shocking!
Since we live in New York State, and if the tree is healthy, We have no legal rights, because falling tress are a "Act of god"!
Add insult to injury to that, NY law says that whatever damage or injury the neighbors tree does on our property is on our dime!

Fortunately, our neighbor is sensible and they are having the entire tree removed. (BTW, the trunk of that tree is so large, I dont think three adults could hold hands around it. It is going to be a expensive tree to remove.)
If they were a different type of neighbor, I would have to try and fight it in court to prove that a tree that looses a 18" branch in calm weather, cant be healthy.

So, New Yorker's beware of where you park your Airstream. or for that matter, just be aware of your neighbors huge old trees and what they might do to you and yours if they come down! It may cost you more than you thought.
Question? Is that covered apparatus what your Airstream is under? If so where did you locate? I have only seen the ones that a car can fit under? Thx, jsessa@gmail.com
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Old 09-16-2018, 10:34 AM   #12
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The trees must endure the human infestation
I hope they look to save the tree maybe an Arborist is in order. If it can be saved without danger thats certainly worth exploring IMO.
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Old 09-16-2018, 10:58 AM   #13
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Question? Is that covered apparatus what your Airstream is under? If so where did you locate? I have only seen the ones that a car can fit under? Thx, jsessa@gmail.com
That is where I keep my 4 wheeler and its trailer. The MH usually sits in front of that, but until the tree is gone, it sits elsewhere.
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Old 09-16-2018, 11:05 AM   #14
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I hope they look to save the tree maybe an Arborist is in order. If it can be saved without danger thats certainly worth exploring IMO.
In our area, various maple tree varieties are like weeds, they dont need any help surviving, except to be brought to earth safely when they are encroaching on the human infestation.

Each tree makes 10's of thousands of twirly seeds, that if left alone will grow into a 12 foot tree in less than 5 years, I even find them sprouting above my awning roller if I dont clean it frequently enough
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