Your trees may be beautiful, but if they fall over on your neighbor’s property they could also be a major liability.
If your dead tree uproots and falls on your neighbor’s property it’s your responsibility because you were negligent in properly maintaining the tree. In the case of a dead tree, the property owner where the trunk is located is responsible for any damage caused whether the tree fell during a storm or not.
On the other hand, if a living tree on your property uproots and falls on your neighbor’s property the part of the tree that crosses the property line is considered theirs. Living trees usually fall during a storm or another natural disaster, but can also fall because of long term damage caused by previous storms or because the soil around it is weakened.
Property owners are responsible for removing a dead tree before it falls onto their neighbor’s property. You can be proactive about dead or dying trees in your own yard, but you cannot force your neighbor to remove a dead tree.
Signs of a dead tree are that it has lost its foliage and bark.
To protect yourself, you can take photographers from your property to keep as evidence and you can write your neighbor a certified letter detailing your concerns.
If you’re not sure whether or not you or a neighbor have a dead or dying tree call me for a free estimate at 904-928-3568 or email me at Kevin@aboveandbeyondtree.com.