Comment by Aurornis

4 days ago

Cleaning up fallen trees is part of owning a property in these areas. Doesn’t matter where the fence is.

17 comments

Aurornis

But isn't that typically the responsibility of the person who owns the land that the tree was sitting on before it fell?

SkyPuncher 4 days ago
Nope (though it does depend). I’ve been through several trees falling from storms.
Unless negligence is involve (like an arborist being hired to condemn a tree), they’re generally considered and act of god. They’re the responsibility of the property they fall onto.
So, in the case of OP, the situation is unfortunate, but it’s on him to maintain his properties and his fence lines within his properties. It’s convenient the state has a fence along part of his property, but it’s not their responsibility to fix it for adjacent lots.
- lazide 4 days ago
  
  It Depends(tm).
  Practically you’re right of course, but they are probably technically responsible given the circumstances the poster laid out.
  
  7 replies →
sally_glance 4 days ago

I recently learned at least here in Germany it's not. Because larger trees are protected, you're generally not allowed to remove them even if they are close to another property. When they fall, it's considered force of nature and you won't be blamed. Unless, of course, the tree wasn't healthy in the first place and would be considered a danger.
How that works out in practice is basically you as the owner of the tree have to document it's healthy each year. Then, if it falls and you can prove it was healthy you're fine. Hopefully neighbors insurance pays. If you didn't document the health of the tree, your neighbor can press charges and you (or your insurance) have to pay.

Den_VR 4 days ago

Tree law.

Teever 4 days ago

Oh my god you're right.
I think I unintentionally brought Tree Law to HN.
Now that I think of this may be the first time that I've seen Tree Law on here.
We're only a hop, skip and a jump from getting some vigorous discussion about Bay area Tree Law now.

hagbard_c 2 days ago

They even make songs about it, quite good ones at that:

https://www.youtube.com/watch?v=JnC88xBPkkc

   The Trees
   Available on Hemispheres

   Music: Geddy Lee and Alex Lifeson
   Lyrics: Neil Peart

   There is unrest in the Forest
   There is trouble with the trees
   For the Maples want more sunlight
   And the Oaks ignore their pleas.

   The trouble with the Maples
   (And they’re quite convinced they’re right)
   They say the Oaks are just too lofty
   And they grab up all the light
   But the Oaks can’t help their feelings
   If they like the way they’re made
   And they wonder why the Maples
   Can’t be happy in their shade?

   There is trouble in the Forest
   And the creatures all have fled
   As the Maples scream ‘Oppression!’
   And the Oaks, just shake their heads

   So the Maples formed a Union
   And demanded equal rights
   ‘The Oaks are just too greedy
   We will make them give us light’
   Now there’s no more Oak oppression
   For they passed a noble law
   And the trees are all kept equal
   By hatchet,
   Axe,
   And saw…

Rumudiez 4 days ago
nope. live in the forest, take care of yourself. a 250' sitka spruce fell from my neighbor's property onto the roof of my detached garage. it cost over 10k to fix it. the neighbor was not liable; it was covered by insurance
lazide 4 days ago

There is the legal responsibility, and the practical ability to get things done/protect/help oneself.
What they are noting is the State is it’s own beast, and good luck getting it to do what you want.
This also is not a city type situation, where the density and value of something makes certain types of situations play out differently.
In the city, if a neighbor’s diseased tree falls on your house, you might have a legitimate legal claim, depending on the circumstances.
Your homeowners insurance will figure that out.
If one of the million random trees on state property falls on your fence? It doesn’t much matter what the law says, good luck.