#2413436 - 06/09/11 02:38 PM
Tree Laws in TN?
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Poser
14 Point
Registered: 07/28/10
Posts: 8118
Loc: Tennessee
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I have nine 60-80 year old hardwoods on my property -part of the aesthetic of Midtown Memphis.
Anyway, I have a huge Birch tree that is a "boundary tree" -partially on my property, partially on the neighbors property. The bulk of the upper portion of the 120 foot tree looms over the neighboring house. Last night, a massive limb came down on that house. Though it does not appear to have caused any damage, it is just laying there on the roof, still partially attached to the tree. It is not even noticeable from the street -pretty much you have to be standing in my yard to see that it came down.
The house has been vacant for over three years and has been on the market through several realtors. Occasionally, someone comes by to mow the grass, but I haven't even seen that with the latest Real Estate company, which has been several months. There is no air running in the house and I assume that it is rapidly deteriorating.
Am I legally obligated to do anything, inform anybody? I'm guessing that it will be months before anyone notices that it is there. The people that mow the grass are contractors and it is unlikely that they will inform whoever the owner is, if they actually even come by to mow the grass again.
_________________________
It doesn't have to be fun to be fun. Wild & crazy, can't be stopped. Only the strong will survive. Keep your knife sharp and your skillet greasy. http://www.GoCarnivore.com
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#2413439 - 06/09/11 02:40 PM
Re: Tree Laws in TN?
[Re: Poser]
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93civEJ1
10 Point
Registered: 06/06/11
Posts: 2809
Loc: TN, USA
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if it wasnt my tree, I would say its not my problem. haha...but thats just me.
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#2413463 - 06/09/11 03:00 PM
Re: Tree Laws in TN?
[Re: 93civEJ1]
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WTM
8 Point
Registered: 10/16/08
Posts: 1956
Loc: CAMDEN, TN
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if your portion of the tree hit the house then its their tree unless the tree or limb is dead. i know it doesnt make sense, but believe me i know from experience.
during the last line of storms the neighbors big oak tree fell and landed on my house. 30 grand in damages and my insurance company said by law my insurance has to pay damages due to it being an act of nature due the storm. BUT that tree was damaged in the last storm and i have pictures of it, so my insurance company said they may sue the neighbors for the amount of repairs. also i have told those people that tree needs trimming but they said it would cost 700 bucks and they were going to let it fall and let the insurance pay for it. well, he could have used the money his wife spent running for public office(and lost badly) to trim the tree.
what i am going to do is work with the codes enforcer to see if there are any city codes that may apply to force people, i mean idiots, to cut their trees if they post risk to other peoples property.
on top of that part of their carport sits on my property that i found out the other day, and i am going to see if i can have them to remove it. then i am going to build a 10 foot privacy fence and place about 6 bird feeders on top of it and see house they like all the bird poop on their carport.
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#2413469 - 06/09/11 03:04 PM
Re: Tree Laws in TN?
[Re: WTM]
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Poser
14 Point
Registered: 07/28/10
Posts: 8118
Loc: Tennessee
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if your portion of the tree hit the house then its their tree unless the tree or limb is dead. i know it doesnt make sense, but believe me i know from experience.
during the last line of storms the neighbors big oak tree fell and landed on my house. 30 grand in damages and my insurance company said by law my insurance has to pay damages due to it being an act of nature due the storm. BUT that tree was damaged in the last storm and i have pictures of it, so my insurance company said they may sue the neighbors for the amount of repairs. also i have told those people that tree needs trimming but they said it would cost 700 bucks and they were going to let it fall and let the insurance pay for it. well, he could have used the money his wife spent running for public office(and lost badly) to trim the tree.
what i am going to do is work with the codes enforcer to see if there are any city codes that may apply to force people, i mean idiots, to cut their trees if they post risk to other peoples property.
on top of that part of their carport sits on my property that i found out the other day, and i am going to see if i can have them to remove it. then i am going to build a 10 foot privacy fence and place about 6 bird feeders on top of it and see house they like all the bird poop on their carport.
It wasn't "my portion" of the tree that hit their house. The tree splits the property line at its base, and then increasingly leans in their direction. It is all the way on the property by the time you get 20 feet up. The limb that fell, was clearly on their property.
So, if I am understanding you fully, I am not obligated to do anything unless the tree was dead or damages, which it was not. Though, still strange that it came down on a windless night....
_________________________
It doesn't have to be fun to be fun. Wild & crazy, can't be stopped. Only the strong will survive. Keep your knife sharp and your skillet greasy. http://www.GoCarnivore.com
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#2413475 - 06/09/11 03:08 PM
Re: Tree Laws in TN?
[Re: WTM]
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RAFI
10 Point
Registered: 12/20/09
Posts: 2552
Loc: Tn
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its not you deal as long as the tree was ok before.your neighbors ins will have to pay for it.I never would have thought that but I have dealt with it several times for customers.
Edited by RAFI (06/09/11 03:08 PM)
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#2413476 - 06/09/11 03:08 PM
Re: Tree Laws in TN?
[Re: Poser]
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WTM
8 Point
Registered: 10/16/08
Posts: 1956
Loc: CAMDEN, TN
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Offline
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if your portion of the tree hit the house then its their tree unless the tree or limb is dead. i know it doesnt make sense, but believe me i know from experience.
during the last line of storms the neighbors big oak tree fell and landed on my house. 30 grand in damages and my insurance company said by law my insurance has to pay damages due to it being an act of nature due the storm. BUT that tree was damaged in the last storm and i have pictures of it, so my insurance company said they may sue the neighbors for the amount of repairs. also i have told those people that tree needs trimming but they said it would cost 700 bucks and they were going to let it fall and let the insurance pay for it. well, he could have used the money his wife spent running for public office(and lost badly) to trim the tree.
what i am going to do is work with the codes enforcer to see if there are any city codes that may apply to force people, i mean idiots, to cut their trees if they post risk to other peoples property.
on top of that part of their carport sits on my property that i found out the other day, and i am going to see if i can have them to remove it. then i am going to build a 10 foot privacy fence and place about 6 bird feeders on top of it and see house they like all the bird poop on their carport. It wasn't "my portion" of the tree that hit their house. The tree splits the property line at its base, and then increasingly leans in their direction. It is all the way on the property by the time you get 20 feet up. The limb that fell, was clearly on their property. So, if I am understanding you fully, I am not obligated to do anything unless the tree was dead or damages, which it was not. Though, still strange that it came down on a windless night....
even if all the tree was on your property, their insurance still has to pay.
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