On 9/8/2016 7:11 AM, Moe DeLoughan wrote:
On 9/2/2016 7:15 PM, Taxed and Spent wrote:
On 9/2/2016 5:09 PM, wrote:
On Fri, 02 Sep 2016 21:14:01 +0000, Greetings From The Future
m wrote:

replying to avoidspam, Greetings From The Future wrote:
This thread is a zillion years old--but it contains really
inaccurate info.
The worst of which is given by the idiot "avoid spam" above.

There are very few states that codify landowner nuisance problems and
resulting tort liability because it has been covered so well under
common law.

In most states owners of trees are only liable for trees falling if
1) they
know or should have known that the tree was in danger of falling;
2) and if
the owner of said tree knows or should have known that the falling
tree would
result in the type of injury sustained.

In all cases, those with a possessory interest in land can protect
their land
(and in this case shed) through self help.

Examples: Lets call the owner of one piece of land "O" and the
owner of a
second piece of land "A".

O has a tree growing on her land, the top part of the tree is very
large and
has grown over onto A's land.

If A uses self help, A can remove the part of O's tree that is on
A's land.
Then A can sue O for the cost of the removal of the tree under a
theory of
nuisance and collect the cost of the tree removal.

If however A is aware of the danger and does not use self help to
remove the
danger of the tree falling on his own shed, then A has assumed the
risk and
can collect nothing.

If neither O nor A is aware of the danger of the tree falling on
the shed, and
the tree falls, then O is not liable to A for the nuisance and A
cannot
collect damages to his shed.
If you think the neighbor's tree is a danger to your property, send
a registered letter to your neighbor, his lawyer, and yourself. Don't
open yours. When the tree falls oof your neighbor knew or should have
known the tree was a danger - and he is responsible for all repairs.
If A removes part of O's tree and O decides A has damaged the tree he
can sue - and win.


Step one might be going and TALKING with the neighbor about it.

Always the best course to pursue. But some people will let you talk to
them about it, but will not anything about it. Especially if it costs
them money, but sometimes even if it doesn't.

I've got a lifelong neighbor like that. I had to kill one of her trees
before she'd remove it (on our property line, had caused damage to my
property twice, which she'd ignored), and I had to rent a bucket truck
to hack away at another one that's in her back yard, but grew to
overhang my garage, driveway, and house. She's got a line of invasive
shrubs and junk trees on the property line, too, and she refuses to get
rid of them for 'sentimental reasons'. So last weekend I borrowed my
nephew's brush hog while she was up at the cabin. She and her daughter
came home on Monday to dirt where the shrubs and junk trees used to be.



I have to wonder what her side of this story is. I bet she has a pet
name for you.