Property Access for Tree Removal

Yeah, I think it is something like: If you (or an arborist) are cutting down a dead tree on your property, and it falls on your neighbors house, you are responsible. If on the other hand, you leave the dead tree alone, and it later falls on its own, damaging the neighbors house, you are not responsible. The neighbor (or his insurance) has to cover it.

I'm not totally sure on this, but might be close.
That's it in a nutshell.
 
In case anyone doesn't know this, if part of your neighbor's tree is hanging over your property, you have the right to have everything on your side cut down and vice versa. And as others have said, if your tree falls on your neighbor's property, everything on their side now becomes their problem.
On a related question, and I'm sure this is probably very individualized to each community, but when does a homeowner have a responsibility to trim/clear branches and such that are overwhelming public property, like a sidewalk? A homeowner is responsible for clearing their sidewalk of snow/ice; what about their trees? In our neighborhood, we have quite a few people with large evergreen trees falling way over onto the sidewalk. With 2month old twins, it is really annoying to have to try to wiggle the stroller around this when attempting to use the sidewalk.

I'm happy to come by with my hedge trimmers and clear the path.
 
On a related question, and I'm sure this is probably very individualized to each community, but when does a homeowner have a responsibility to trim/clear branches and such that are overwhelming public property, like a sidewalk? A homeowner is responsible for clearing their sidewalk of snow/ice; what about their trees? In our neighborhood, we have quite a few people with large evergreen trees falling way over onto the sidewalk. With 2month old twins, it is really annoying to have to try to wiggle the stroller around this when attempting to use the sidewalk.

I'm happy to come by with my hedge trimmers and clear the path.
It's part of city code. Each city varies. In Ames, I believe all branches have to have 8 foot clearance over a sidewalk
 
Tree is down! Tree has been felled!!

tree-falling-this-is-happening.gif
 
That's it in a nutshell.
If your tree falls on your neighbors house, generally speaking, your neighbor's insurance would cover the damage and NOT your insurance. If the tree is dead / unhealthy / needed maintenance, your neighbor's insurance and/or neighbor may try to say you are responsible since you neglected to handle it. However, this most likely is going to go to court and I would not want to predict the outcome. They would have to go to court and prove the owner of the tree was aware of the problem, realized the severity of the problem, ignored the problem, and therefore was negligent. That is going to be pretty hard to prove and likely cost more than the deductible. Their insurance company probably would not fight it because it is not cost effective.
 
On a related question, and I'm sure this is probably very individualized to each community, but when does a homeowner have a responsibility to trim/clear branches and such that are overwhelming public property, like a sidewalk? A homeowner is responsible for clearing their sidewalk of snow/ice; what about their trees? In our neighborhood, we have quite a few people with large evergreen trees falling way over onto the sidewalk. With 2month old twins, it is really annoying to have to try to wiggle the stroller around this when attempting to use the sidewalk.

I'm happy to come by with my hedge trimmers and clear the path.

Should be public available information. I believe in DSM the homeowner is responsible if it impedes access or visibility/safety on a road or sidewalk.

You will have to notify the city, though.
 
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Tree is down! Tree has been felled!!
Now go move the damn car!;)
Funny!
There's an arborist on YouTube, Buckin' Billy Ray Smith, who is great at what he does, and knows what he's doing. And he admits, at times, that he is a risk taker, but he always puts the tree right where he wants it. Oftentimes, WITHOUT moving the car, etc., etc., LOL. His experience and confidence in what he does is so high. Here's one clip of him (of many).
 
If your tree falls on your neighbors house, generally speaking, your neighbor's insurance would cover the damage and NOT your insurance. If the tree is dead / unhealthy / needed maintenance, your neighbor's insurance and/or neighbor may try to say you are responsible since you neglected to handle it. However, this most likely is going to go to court and I would not want to predict the outcome. They would have to go to court and prove the owner of the tree was aware of the problem, realized the severity of the problem, ignored the problem, and therefore was negligent. That is going to be pretty hard to prove and likely cost more than the deductible. Their insurance company probably would not fight it because it is not cost effective.

That's the gist of it.

Generally it's pretty tough to prove the homeowner of a tree that falls is aware of the hazard beforehand--most people aren't arborists and don't exactly inspect their trees regularly.
 

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