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#3283872 - 07/06/13 03:19 PM Getting sick of neighbors trees falling in my yard
Pic IN the Casa
14 Point


Registered: 03/18/11
Posts: 8895
Loc: TN

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Okay, well... another storm... another tree down.

I preface this by saying that I will not do anything about it except cut the thing up but I have just about had it.

Two sides of my yard are ajoined to two properties, both a couple hundred acres. Both owners are out of the area and they lease it to farmers.

Over the last three years I have had seven mature trees fall from their properties to mine. One damaged both our vehicles (of course they never responded to my calls).

None of this would matter except they fall over my driveway or on top of or next to my shop. Others have fallen in my wooded areas and I could care less.

It's getting old! Has anyone ever had to contend with this or do you know the law?
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#3283876 - 07/06/13 03:22 PM Re: Getting sick of neighbors trees falling in my yard [Re: Pic IN the Casa]
Pic IN the Casa
14 Point


Registered: 03/18/11
Posts: 8895
Loc: TN

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On top of that they both gave me a sturn NO when I asked to hunt their land.
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#3283879 - 07/06/13 03:26 PM Re: Getting sick of neighbors trees falling in my yard [Re: Pic IN the Casa]
Deer Assassin
Non-Typical


Registered: 08/01/03
Posts: 85512
Loc: Kingston Springs

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sue them
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Drag Racing

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#3283883 - 07/06/13 03:36 PM Re: Getting sick of neighbors trees falling in my yard [Re: Deer Assassin]
Hangnail
12 Point


Registered: 11/30/00
Posts: 7059
Loc: Murfreesboro, TN

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Send them both a registered letter stating the issue and the cost that will be incurred by them should their trees fall on your property. Remind them that absentee ownership doesn't relieve them of the responsibility to maintain their properties.

Let them know that you don't believe in calling the law, you just call Guido.

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#3283903 - 07/06/13 04:03 PM Re: Getting sick of neighbors trees falling in my yard [Re: Hangnail]
Gravey
16 Point


Registered: 07/20/05
Posts: 18353
Loc: Rutherford / Wilson County Lin...

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Hate it for you but my understanding is if its an act of God then it doesn't matter whose property it was on when it fell. If it fell on your side its your responsibility. I may be wrong which wouldn't be a first so somebody correct me if so.
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If it ain't broke, don't fix it.

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#3283917 - 07/06/13 04:20 PM Re: Getting sick of neighbors trees falling in my yard [Re: Gravey]
garytnhunter
6 Point


Registered: 12/29/08
Posts: 962
Loc: Newbern, TN

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Our insurance company told us that if the trees are on the property adjoining us that they are the responsibility of the land owner. Not sure if that's correct, just what they told us when we asked about it.
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#3283940 - 07/06/13 04:44 PM Re: Getting sick of neighbors trees falling in my yard [Re: garytnhunter]
gatodoc
6 Point


Registered: 04/25/12
Posts: 513
Loc: harriman. TN

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I warned my neighbor that he needed to trim his bradford pear trees or cut them down. They were his trees planted on the property line.

Eventually, a big one broke and fell in my front yard. I went to him and asked what he was going to do about it. He told me it was on my yard so it was my problem. I said OK.

I hooked a logging chain to it and drug it to the middle of his backyard and unhooked it. I figured it was on his yard and now his problem. He eventually got it cut up.

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#3283976 - 07/06/13 05:27 PM Re: Getting sick of neighbors trees falling in my yard [Re: gatodoc]
timberjack86
12 Point


Registered: 06/20/11
Posts: 7437
Loc: Grundy county

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See a lawyer! I think legally the landowners will be held accountable.
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#3283987 - 07/06/13 05:34 PM Re: Getting sick of neighbors trees falling in my yard [Re: timberjack86]
mike243
16 Point


Registered: 09/06/06
Posts: 11235
Loc: east tn

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Act of nature.nobodys fault let the insurance company fight it.
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#3283993 - 07/06/13 05:39 PM Re: Getting sick of neighbors trees falling in my yard [Re: mike243]
dmonty
4 Point


Registered: 07/19/12
Posts: 463
Loc: Knoxville,TN

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act of god as long as tree is live owner is not responsible
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#3284001 - 07/06/13 05:53 PM Re: Getting sick of neighbors trees falling in my yard [Re: timberjack86]
hunter0925
8 Point


Registered: 01/21/13
Posts: 1080
Loc: TN, Rhea,

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 Originally Posted By: timberjack86
See a lawyer! I think legally the landowners will be held accountable.


The insurance company should persue this and the property owner will be held accountable. It has happened in my neighborhood on several occasions.
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#3284010 - 07/06/13 06:02 PM Re: Getting sick of neighbors trees falling in my yard [Re: hunter0925]
Nimrod777
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Registered: 09/28/03
Posts: 25354
Loc: Spring Hill, TN

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LOL Awesome response!
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#3284040 - 07/06/13 06:29 PM Re: Getting sick of neighbors trees falling in my yard [Re: hunter0925]
timberjack86
12 Point


Registered: 06/20/11
Posts: 7437
Loc: Grundy county

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 Originally Posted By: hunter0925
 Originally Posted By: timberjack86
See a lawyer! I think legally the landowners will be held accountable.


The insurance company should persue this and the property owner will be held accountable. It has happened in my neighborhood on several occasions.
A friend I knew had a similar problem. His insurance company kept ho humming around so he saw a lawyer. Cost him about $50. The lawyer sent a letter to the landowner threatning a lawsuit and he removed the trees. If you can prove the trees were a threat before they fall it is not an act of god. I don't know all the details but It sounds similar enough that my first step would be to see a lawyer before any more damage occurs.
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#3284162 - 07/06/13 08:25 PM Re: Getting sick of neighbors trees falling in my yard [Re: timberjack86]
Hangnail
12 Point


Registered: 11/30/00
Posts: 7059
Loc: Murfreesboro, TN

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I'm trying to remember how this works as far as insurance companies go. If there is no damage to personal property, I don't think the insurance companies give a crap. State Farm considers it debris and you're lucky if you get any $$ to remove it.

Just say to heck with it and plant some Kudzu on their places. That'll teach'um Pic.

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#3284255 - 07/06/13 10:26 PM Re: Getting sick of neighbors trees falling in my yard [Re: Hangnail]
Tenn.Guy
8 Point


Registered: 09/17/07
Posts: 1806
Loc: Tenn

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 Originally Posted By: Hangnail
I'm trying to remember how this works as far as insurance companies go. If there is no damage to personal property, I don't think the insurance companies give a crap. State Farm considers it debris and you're lucky if you get any $$ to remove it.

Just say to heck with it and plant some Kudzu on their places. That'll teach'um Pic.


Tree would have to fall on home, building, personal property etc for coverage for cut up and haul away.


Tree's on adjoining property (unless dead) fall on your property, unfortunately it is your problem them.

Hopefully your neighbors will step up and help maintain their property.

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#3284279 - 07/06/13 11:13 PM Re: Getting sick of neighbors trees falling in my yard [Re: Pic IN the Casa]
TAFKAP
14 Point


Registered: 11/06/09
Posts: 8927
Loc: Memphis

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 Originally Posted By: Pic IN the Casa
Okay, well... another storm... another tree down.

I preface this by saying that I will not do anything about it except cut the thing up but I have just about had it.

Two sides of my yard are ajoined to two properties, both a couple hundred acres. Both owners are out of the area and they lease it to farmers.

Over the last three years I have had seven mature trees fall from their properties to mine. One damaged both our vehicles (of course they never responded to my calls).

None of this would matter except they fall over my driveway or on top of or next to my shop. Others have fallen in my wooded areas and I could care less.

It's getting old! Has anyone ever had to contend with this or do you know the law?


Already dead trees, or live ones that ended up on your place?

The way I understand it is that live trees fall and are the "responsibility" of the person whose land it hits....dead trees are on the person whose land they fell from.
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Everything important in life was learned from Mary Jo Kopechne.

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#3284281 - 07/06/13 11:14 PM Re: Getting sick of neighbors trees falling in my yard [Re: gatodoc]
TAFKAP
14 Point


Registered: 11/06/09
Posts: 8927
Loc: Memphis

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 Originally Posted By: gatodoc
I warned my neighbor that he needed to trim his bradford pear trees or cut them down. They were his trees planted on the property line.

Eventually, a big one broke and fell in my front yard. I went to him and asked what he was going to do about it. He told me it was on my yard so it was my problem. I said OK.

I hooked a logging chain to it and drug it to the middle of his backyard and unhooked it. I figured it was on his yard and now his problem. He eventually got it cut up.


You have every right to trim the branches that overhang your property line. Tough teats when it's completely on his land.
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Everything important in life was learned from Mary Jo Kopechne.

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#3284331 - 07/07/13 12:53 AM Re: Getting sick of neighbors trees falling in my yard [Re: TAFKAP]
old guy
6 Point


Registered: 08/25/11
Posts: 572
Loc: Millington , Tn. -- Shelby c...

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call homeowners and cut a deal where you get paid to clean up the mess. if they become difficult to reason with , call an attorney, they are responsible for their trees. Good luck.
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#3284357 - 07/07/13 05:26 AM Re: Getting sick of neighbors trees falling in my yard [Re: gatodoc]
Snake
16 Point


Registered: 05/03/09
Posts: 18359
Loc: McMinn Co.Tennessee U.S.

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 Originally Posted By: gatodoc
I warned my neighbor that he needed to trim his bradford pear trees or cut them down. They were his trees planted on the property line.

Eventually, a big one broke and fell in my front yard. I went to him and asked what he was going to do about it. He told me it was on my yard so it was my problem. I said OK.

I hooked a logging chain to it and drug it to the middle of his backyard and unhooked it. I figured it was on his yard and now his problem. He eventually got it cut up.


Me likey
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#3284439 - 07/07/13 08:11 AM Re: Getting sick of neighbors trees falling in my yard [Re: dmonty]
.243win
Spike


Registered: 10/03/12
Posts: 85
Loc: Farragut, TN

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I've delt with this before and contacted a TN atty. Take pics of the live trees that may cause damage in the future and send him a registered letter/pics asking him to trim or remove the trees that could cause damage to your property.

If he does not, you'll have a good case if damage occurs.

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#3284551 - 07/07/13 10:12 AM Re: Getting sick of neighbors trees falling in my yard [Re: Tenn.Guy]
Wildcat
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Registered: 06/10/00
Posts: 41285
Loc: Western Ky.

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 Originally Posted By: Tenn.Guy
 Originally Posted By: Hangnail
I'm trying to remember how this works as far as insurance companies go. If there is no damage to personal property, I don't think the insurance companies give a crap. State Farm considers it debris and you're lucky if you get any $$ to remove it.

Just say to heck with it and plant some Kudzu on their places. That'll teach'um Pic.


Tree would have to fall on home, building, personal property etc for coverage for cut up and haul away.


Tree's on adjoining property (unless dead) fall on your property, unfortunately it is your problem them.

Hopefully your neighbors will step up and help maintain their property.


He's right. Plus if you are serious about this then get your lawyer to send them a letter to help trim the trees.

Another thing YOU can do. Pay a pro to trim ALL the trees right up to the property line. Next few strong storms guess which side of the trees are heavy and out of balance, most of them WILL top over into your neighbors property.
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A Government that does not trust its law abiding citizens to keep and bear arms, is itself unworthy of trust..... - James Madison





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#3284559 - 07/07/13 10:21 AM Re: Getting sick of neighbors trees falling in my yard [Re: Wildcat]
RUGER Administrator
Mouse Killa
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Registered: 11/19/99
Posts: 4104307
Loc: TN

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Maybe get in touch with the landowner(s) and explain the problem to them.

Tell them you would gladly trim or clean up the problem areas for hunting rights.

Just a thought.
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Youth is wasted on the young.

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#3284664 - 07/07/13 12:34 PM Re: Getting sick of neighbors trees falling in my yard [Re: garytnhunter]
7mm08
10 Point


Registered: 09/12/07
Posts: 4751
Loc: In a river hopefully!

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 Originally Posted By: garytnhunter
Our insurance company told us that if the trees are on the property adjoining us that they are the responsibility of the land owner. Not sure if that's correct, just what they told us when we asked about it.


Incorrect sir...

IF the tree on the landowners property was DEAD and fell on your property it is their fault and they are responsible......IF their tree is ALIVE and falls on your property then it is your insurance/home owners that eats it!!! I know, the most stupid thing I had ever heard of until my neighbors tree fell on MY houses and put a hole through my roof....Luckily she felt bad and paid half the deductible! HA!
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#3284707 - 07/07/13 01:32 PM Re: Getting sick of neighbors trees falling in my yard [Re: 7mm08]
KPH
10 Point


Registered: 08/06/05
Posts: 3153
Loc: Hendersonville Tenn

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 Originally Posted By: 7mm08
 Originally Posted By: garytnhunter
Our insurance company told us that if the trees are on the property adjoining us that they are the responsibility of the land owner. Not sure if that's correct, just what they told us when we asked about it.


Incorrect sir...

IF the tree on the landowners property was DEAD and fell on your property it is their fault and they are responsible......IF their tree is ALIVE and falls on your property then it is your insurance/home owners that eats it!!! I know, the most stupid thing I had ever heard of until my neighbors tree fell on MY houses and put a hole through my roof....Luckily she felt bad and paid half the deductible! HA!

7mm08 is correct. Most lawyers don't know there butt from a hole in the ground when it comes to insurance.
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