Who is responsible for fallen trees into another's yard?
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Yesterday we had a severe rain and wind storm and as a result a huge tree branch from my neighbor's yard separated and fell into my yard. Before I hire a company to cut and remove the large branch, I wanted to know if I should contact my neighbor? In such cases, is there etiquette as to who is responsible for damage, removal of the tree, etc.? Thank you.
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Normally, unless the tree was known to be damaged/dead prior, it's your legal responsibility. However, you should talk to your neighbor and see if they're willing to take care or split the cost with you. We've had all kinds of neighbors (with HUGE trees). and I hope your's are cooperative ones, Michael!
If it's on your property, you move it, even if it damaged something, your insurance will have to cover that too. But he needs to be aware (in writing) that his tree may need attention to keep it from doing worst in the future. If he doesn't do some removal, he might be held responsible, because you asked formally.
Your neighbor is responsible, it is her tree.
In my previous state it is up to you to survey your neighbor's property (trees) and notify them in advance before something happens. After an event such as your's occurs you need proof that they knew their trees were dangerous before their insurance will pay for your debris removal.
But really...shouldn't any decent neighbor take responsibility for this? Isn't it one of the "Be a decent Neighbor Golden Rules"?
Notify him before you hire someone to clean up the mess. He may have the ability to do it himself.
In any case, bring out your insurance agent to look over the current problem. While there he can assess possible future problems that your neighbor would then be responsible to address....like taking down the brittle tree in question.