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