Our driveways are actually next to each other and when the tenant moved out years ago the landlords had to bring the house up to code before renting again. Best of luck. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. Hi Jenay. Sorry we couldn’t be of more assistance. If these trees fall on our property are we liable for removal? Thanks for reading Michigan Gardener! Am I responsible for a very tall dead tree that fell causing damage to the neighbors roof? You may come home to find that your expectations have not been met. Every year, storms are responsible for felling countless trees and limbs. When a tree on your property falls over during a storm, you are generally responsible for the damage. Unfortunately, some of those fallen trees damage homes and other property. Best of luck. My concern is that one of these trees will fall in our driveway and corner of garage. At that size I even offered that I would cut down and remove. Adding a name on title/deed If I put my boyfriends name on my title/deed can he take... Mortgage fees michigan is a 'loan roigination fee' of 1.5% a customary fee charged... Refund of deposit ? The legal reasoning behind this is that the overhanging branches are a ‘nuisance’ and a nuisance is an ‘unlawful interference with the use or enjoyment of your land’. Or am I still responsible for getting it out of there? I have several posts on the internet that state where a tree stump comes out of the ground is whose property it is on. In that case, the owner of the … You would have to contact an attorney versed in real estate and property disputes for a proper answer. This site uses Akismet to reduce spam. We are continually picking up dead branches and since we have already paid for 2 trees that fell into our property from a different neighbor, we do not want to experience that again. I can’t tell, based on the lot markers whether the sections are entirely on his property (because it is difficult to extend the line from the markers around the tree and several others that are between them) I am concerned that this will damage the health of the rest of the tree and end up costing us thousands of dollars for removal, to say nothing of the loss of the tree itself! When it comes to damage caused by falling trees, monies can be recovered in certain circumstances if the person responsible for the tree is found to have been negligent. However, the law only allows tree trimming and tree cutting up to the property line. I recently purchased the home and have only owned it for about 3 months. Now he has purchased the lot and he wants to site his garage directly under the tree and is concerned that it will drop leaves and debris on the roof. -Jonathon. Recently, he asked us to remove the tree, and we told him that we would work with him to have the branches that overhang his lot trimmed (as we told him the first time), but he appears to have hired someone to clear the lot and has marked two of the major sections of the tree (that branch out from the trunk about 5-6 feet from the ground) for removal, amounting to about 1/3 of the tree. This only applies if the tree is a known hazard – it will not apply to a healthy tree that fails in a storm. Best of luck! State law provides that the owner of a tree whose branches overhang an adjoining landowner’s property is liable for damages caused by the overhanging branches. Fallen Tree Damage—Who Pays? The tree sits on the fence line but it's unclear who owns the tree. -Jonathon. I just came across this website. The top of the trunk of the tree is growing over the fence and literally into the top corner of my garage pushing the wall of my garage out. I would consult with an attorney that specializes in property/real estate law. I recently purchased the home and have only owned it for about 3 months. An insurer generally sets a limit of $20 million for “legal liability” to pay damages arising from a claim for an accident that results in death, bodily injury, or damage to property of a third party not living with you. She claimed she would come out to inspect and call me back. Most shrubs and many smaller ornamental trees will tolerate heavy pruning without damage and would most likely be able to regrow back to their original form if left alone. Cleaning up the damage from a storm can be a difficult task, both physically and emotionally, and things can become especially tense when you discover that it’s your neighbor’s tree that damaged your house. Even if the tree showed internal decay at the point of failure, without prior knowledge of this defect you would have to claim it on your own insurance and pay the deductible. Learn how your comment data is processed. Some species are much more tolerant than others to pruning, and the size and amount that can be safely removed will vary greatly between them. When I spoke with him he said he might check around to see if any friends need firewood but have not heard any other response. Thanks for reading and best of luck. I spoke to the owner couple months ago about 2 dead trees on his property line but within inches of our property. Getting access to the treeAnother issue becomes access. The insurance company is usually responsible for taking care of the damages. Additionally, in order to prevail on a claim for dead tree damage, the claiming party needs to establish notice of the existence of the dead tree. Thanks for reading! I called her a few weeks ago and informed her again that now its doing damage not only to my driveway but hers as well. Our courts follow the old common law: it’s your property, so take care of it, unless you can prove your neighbor was negligent. ... To determine who’s legally responsible for personal injuries and property damage caused by a fallen tree, we must first determine where the tree is located. You would not have to have a prior evaluation in order to claim it as a known hazard because most reasonable people would be able to tell that this is a danger and act accordingly by having it removed. -Jonathon. Suggest that the neighbor present the claim to their insurance company and go from there. It was getting big but not out of control. You may come home to find that your expectations have not been met. I have pictures of the tree and my garage on my cell phone. As is the law, it depends. This type of Michigan home insurance coverage is designed to address damage to other people’s property for which you are responsible. Hazardous treesAnother situation I run into often is when a neighbor has a hazardous tree that is threatening someone else’s property. My tree issue is their tree’s roots are lifting the slabs of my driveway and will eventually cause it to crack and break. So one day they were actually having the driveway filled to even the slabs. I have spoke to management, they will do nothing. Also, the size of the limb is very important. Of all of the trees that he could have chosen to dislike – and we have a great many that will drop leaves and cast shade on his lot, most of them are inconsequential to me, but this one is a very wonderful old tree. Best of luck. Might the city remove it if I ask? I have spoken with the owner of the tree several times and he continues to say that I am responsible for the tree’s damages. There is likely not a black and white answer to your question. He also expects me to pay for half the tree removal. I planted trees 3′ off property line neighbor hit and killed 16 of them. Could i hold the city responsible because the tree was rotten at the bottom? The city may fine me for not maintaining the land the tree sits on. Although it is not the association's job to play arbiter if a dispute arises between lot owners, owners association board members should understand the general law regarding fallen trees. My suggestion would be to contact a tree expert in your area and or a real estate attorney. Tall grass is mainly just an eye sore, not really causing damage to anyone elses property, yet they refuse to enforce her to maintain her tree roots that ARE actually causing damage to MY PROPERTY?!? In this case the tree becomes joint property and both parties must agree to remove or prune the tree before any work is performed. Rising from the ashes: Choosing a replacement for your ash tree. Steve Turner is a Certified Arborist from Arboricultural Services in Oakland County, Michigan. For more detailed information about these or other questions, check with your insurance agent and/or an attorney about the specifics of your situation. I live in a mobile home community, and have 2 huge maple tree’s on both sides of my home. Thanks for reading! In Georgia, different laws apply when a tree is located in a rural versus an urban area. If you see any mushrooms or conks on any part of a tree, it would be wise to have the tree checked out by an arborist. Several years later, the a large branch comes off the tree and goes into the neighbors … Copyright © 1996-2020 Michigan Gardener. The problem is that in the autumn when the walnuts fall to the ground, the ones that fall from the massive branch overhanging my house are constantly hitting my roof. -Jonathon. These are 60 year+ maples that were never properly maintained, and brittle. Often I am asked about legal issues and trees, such as “I want to remove several branches off my neighbor’s tree that are encroaching my property.” Many people are under the impression that it is all right to remove anything that is growing over their property. One of the most common questions we receive on property line or easement related question is who is a responsible for trees on a property line. (Your neighbor isn’t legally responsible for reimbursing your deductible; you could sue to recover that amount, but it’s not a sure bet.) I’m not sure where you are located but property law varies from state to state. which hang directly over my roof on both sides. I would suggest that both parties agree on which limbs are to be removed ahead of time and not just leave an open-ended statement saying that any limb that has crossed the property line can be removed. It just happened again for the THIRD time. I live in no. -Jonathon, i live in houghton lake my nieghbor has 27 trees ash trees that are dead or dying there is a discolored lok to some and some that are split to the top all this trees directly threaten my property and personal safty , i have talk with the land owner who said he would have them removed shook my hand and hasnt been back since i have many pics of these trees , to have already fell one hit my house and another fell on my car, am stage 4 lung cancer survior my township lake township has a ordiance but doesnt make anyone resposnabile to care for there land , since am on a very limited budget due to illness is there any one that can look at my trees for a small fee or for free , since this person is a wealthy person has the income to remove but fails to care for there land what would be my options , thanks in need of help ,, carl booth hought lake michigan lake township. Fortunately, in Florida, the law regarding fallen trees and the resulting damage is fairly clear. Required fields are marked *. I don’t think it’s fair that I pay for any of this since it is not my tree. Anyway, part of me wondered if we have the same landlord? Most trees have a replacement value of between $500 and $2500. As a homeowner, are you responsible for the damage caused by a tree on your property that hits your neighbor’s home or other insured structure, such as a garage or shed? Financially, I am unable. As you might note when you begin your research in this area, much of the law concerning one’s responsibility for trees can be found at the state and local levels. This extends to damages if a tree on your property falls and damages … If the trunk of the tree is on your property, you do; and if the trunk of the tree on your neighbors’ property, they do, no matter how much of the canopy overhangs the property line. Since the amount of money involved could be significant, I think the best course for you would be to contact a real estate attorney to find out what your rights are. I did cut some of the large branches off - none from the part that fell. I enjoy turning deadfall into firewood and keeping my woods “clean”. If the tree is situated on rented land then the occupier of that land may be liable if they have not taken reasonable steps to put a stop to the nuisance, i.e. or are they more likely to state that they’re not obligated to trim, cut, and remove anything? It’s bad enough having to clean up all the fallen nuts and branches but the constant thud for days on end is unnerving. Sadly, a lot of people either don’t realise or ignore the fact that they have a legal responsibility to ensure that all trees within their property boundaries are safe and healthy, and will not fall on passers-by or damage other people’s property. Neighboring landowners have legal rights regarding adjacent trees and tree … My question is: is there a Michigan statue or law that specifically states this to be indeed the law? In this case the tree becomes joint property and both parties must agree to remove or prune the tree before any work is performed. Another example is when my yard was flooding they not only told me I had to fix it myself, how to fix, and that I can’t cause flooding or damage to my neighbors yard but I would also have to get a permit to do so! What you can do is have the tree inspected by an arborist and if it is a hazard, the arborist can write a report that clearly states the tree’s defects and why it is hazardous. Would that make the city responsible? It’s a husband and wife. But STILL, NO responsibility to any damage that she’s causing to my property. But, we hope that is not need and your conversation goes smoothly. Rural Tree Liability. Another situation I run into often is when a neighbor has a hazardous tree that is threatening someone else’s property. In general is your problem fixed and if so how did you get a resolution? In the early morning of 18 December 2009, a passing train collided with the stem of an ash tree that had fallen onto the railway line from the garden of an adjacent property. I can use the firewood, and if she gives me permission, I plan to clean up the limb. Michigan. In general, a person cannot be liable unless they could be charged with the responsibility to prevent the occurrence. Trees and other growth from a neighboring property can often cause damage and legal risk to a landowner/homeowner. Would you happen to know if I can have the portion of the branch that overhangs my roof trimmed backed? After the tree fell there were no roots attached to base at all and termite damage and fungus in hollow trunk was obvious. In 2009 I purchased a hud house in Garden City, MI. If the tree dies or becomes a hazard, it is the joint responsibility of the owners to remove it and the cost is to be shared between them. We would recommend contacting an attorney that specializes in real estate or propery rights matters. If the tree is on your property, you are likely responsible for the damage it caused to your neighbor's property. I also live in Garden City, MI and I TOO have a rental next door. IS THIS MY RESPONSIBILITY?? One of the most common questions we get is – if a tree falls and damage occurs, who is responsible? They often can answer questions about tree health. My neighbor has one very close, but the trunk is on his side. Well, I hope to hear back from you and hope you were able to fix your garage at HIS cost. (repairable) but someday it may be my home. Every year, storms are responsible for felling countless trees and limbs. The roots adjacent to side walk had been cut last year when side walk section was replaced due to buckling. Therefore, if your neighbor’s tree drops a branch and causes injury to a vehicle, person, or structure, they are liable to you for the damages caused. Save my name, email, and website in this browser for the next time I comment. Click cover to read now! ), For an exact answer you’ll need to consult with an attorney specializing in property/real estate matters. How much can I sue him for per tree? I’d like the tree gone. Personal Liability coverage comes to the rescue offering to potentially help you handle legal costs and liability judgments resulting from a lawsuit. Before you can determine who is liable for damage caused by a falling tree or branch, you need to know who owns the tree. This can be presented to the owner and if they ignore their responsibility they can potentially be held liable when the tree fails because it is now a known hazard. These are signs that decay is present and the arborist needs to determine the extent of the decay to see if the tree is safe or needs to be removed. Imagine the scenario where you own land and have a tree near the property line. I would suggest you check with an attorney with experience in property rights. Preston-We would recommend starting a dialog with the deaprtment of public services in for your municipality and more specifically the forestry department. Put the issue back in their hands and see how it plays out. I wonder if it’s the same landlord. The tree was rotten at the bottom of the tree for many years and it set between the side walk and the street. I have a tree limb that fell on my house during a storm. the tree is on city and or state property in that little courtesy patch that everyone has out front. A buyer has... More Real Estate and Real Property questions and answers in Michigan. This is a question best posed to an attorney specializing in real estate and property rights. That being said, homeowners who do their own tree removal are responsible for their workmanship and any damage that may occur due to lack of experience or negligence. The Duty of Care Owed by Tree Owners Both occupiers and anyone with responsibility for trees e.g. One often-overlooked legal issue related to storms and property damage in Maryland, Virginia, and DC is potential legal liability related to tree damage, at risk trees, or fallen trees. Heath – I would strongly recommend you consult with a real estate attorney if you are interested in determining your rights. If the tree dies or becomes a hazard, it is the joint responsibility of the owners to remove it and the cost is to be shared between them. Coverage E has predetermined dollar limit stated within … You might check with your municipality to see if they are any codes in your area to address this (unlikely). Beyond that, the person planting the tree has to understand that any neighboring properties might take issue with branches growing onto their property. You might consider contacting a real estate attorney who can advise you on your options. Do you need to enter the tree from the neighbor’s property or can you do the work from your side? I paid it twice in the past but I am JUST LIVID that it has happened again. They may be able to give you an initial consultation at no cost. Frequently Asked Questions - legal principles. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your … You are therefore, technically exercising the self-help remedy of ‘abating a nuisance’ by cutting the offending branches off. The general rule is that unless the neighbor knew - or should have known - that his tree was unsafe - even if it caused damage to person or your property, he is not responsible. Before it fell the neighbor would pick up the small branches and pile them next to the tree. You cannot force them to remove it unless your city has some type of ordinance that would allow the city to order its removal. Last year he promised to remove the tree and still hasn’t. It’s one of those maple trees from whirlybirds. If the tree were to fall on or damage your property, you can claim it against their insurance and they would have to pay the deductible. You cannot force them to remove it unless your city has some type of ordinance that would allow the city to order its removal. If the tree dies or becomes a hazard, it is the joint responsibility of the owners to remove it and the cost is to be shared between them. Often the only above ground sign we have is the presence of the fruiting bodies of the fungus in the form of mushrooms around the base of the tree or on the roots. Thanks. I know the one next to me has several houses in Garden City. Such is the case with many diseased elms and Dutch elm disease. They can answer with far more certainty that we can. An exception to this, attorney Steve Goldman with The Goldman Firm said, is if the tree is visibly diseased or damaged. The same portion of the land I’m not allowed to put a fences. They should be able to help you. is the city generally liable for the damage in such a case? I would consult with an attorney for an accurate answer. They seem to pick and choose what they want to be involoved in. They can provide guidance on ordinances, etc. It was one of their tenants that planted it there and I requested that they didn’t knowing this would eventually be a problem. One of the hardest hazards to detect beforehand is root rot on trees because the damage is below ground and can only be seen if the soil around the base of the tree is removed and the roots inspected. It was my tree, but is it now her limb once it became separated from the tree? I bought my home and had a new driveway poured way before the tree was even planted there. I always fear for the safety of my family with these trees hanging over my head., If I could move I would. Barbara- We have this stupid law where my homeowners insurance has to cover it. I’m at my wits end and tired of being nervous about this issue during severe weather. What are the rules for this? That would be considered an act of nature. The tree was on curb side of Dearborn residential street. If so, what is it? Good luck and thanks for reading! Shared treesA common situation is a tree or any portion of its base that is growing directly on a property line. Best of luck. Michigan Tree Damage Laws In Michigan, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). The other question I was wondering even tho your post is from 2012 is were you ever able to get the city involved to make your neighbor fix or remove his tree? Remember our, tree example at the beginning. I have a tree that that fall on my car and the person who owns the property will not pay for it and what’s to say its my job to show negligence I thought your tree your property your to take care if it I my be wrong in thinking that it property damage not ordinary negligence. During some severe weather I have seen big branches break off over the past 5 years, Just today during an ice storm, 2 broke off, one about 5″ diameter putting a hole in my shed like an arrow and damaging my greenhouse where I overwinter my bonsai. If the tree was on your land and fell onto your land, then it will be your responsibility to remove it, or to arrange for its removal. I have a $500.00 deductible. I have mentioned multiple times to the managers about the potential threat these trees are. He collects the rent money every month but doesn’t want to maintain his property. It grew really fast! From there, Steve illustrates the issues involved with pruning and trimming in those situations. As a homeowner, are you responsible for the damage caused by a tree on your property that hits your neighbor’s home or other insured structure, such as a garage or shed? (I can’t imagine this situation will be contentious with good communication, neither one of us probably care enough to argue about it, I’m just curious before I begin the conversation. Just because you cut some branches off does not mean you own the tree; and if there is a question about ownership, you should not be submissive. The answer to this question lies in who owns the tree, and whose land it has fallen onto. Dale- This is true if the tree fell over due to an act of nature. Responsibility for rectifying the situation and for any damages claim will more often than not lie with the owner of the tree, although it will need to be proved that the damage was ‘reasonably foreseeable’. A common situation is a tree or any portion of its base that is growing directly on a property line. The tree also damaged my car i only have liability insurance. Unfortunately, some of those fallen trees damage homes and other property. Cleaning up the damage from a storm can be a difficult task, both physically and emotionally, and things can become especially tense when you discover that it's your neighbor's tree that damaged your house. I keep trying different people in all departments. You may not go onto the neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. Another 10″ dia, give or take, I felt it hit the ground. WHAT???!!! Possibly but the only way to know for sure is for you to contact an attorney that specializes in property rights/real estate matters. Who owns a tree growing on a boundary? I’ll get right down to it. a tenant or local council, must take reasonable steps to manage and reduce risks. For example, a healthy tree that falls over during a tornado, hurricane, wind storm or winter storm would not be the responsibility of the homeowner. Btw… I do cut and maintain my lawn ☺ To make matters worse, many … In the case of Shoemaker v. Harris, a tree located on Mr. Harris’ property fell ultimately landing on Mr. Shoemaker’s van. We do not have zoning laws in our township, and the county seems to have no knowledge of any laws either. Any damage that she ’ s on both sides of my family with these trees will in. Of the branch that overhangs my roof trimmed backed all summer long i would strongly recommend consult. Get a resolution lost some large limbs that landed on my house during a storm often! 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