Comment by 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.
It Depends(tm).
Practically you’re right of course, but they are probably technically responsible given the circumstances the poster laid out.
A landowner is definitely not "technically responsible" for cleaning up trees that fall along or across the border of their property.
If they are aware of a dangerous situation (diseased trees), and don’t do something about it, they are definitely on the hook for property damage caused by that negligence.
It would boil down to their degree of plausible deniability, ‘state priviledge’, and the specifics of the law and precedent in their state of course.
Good luck
5 replies →