Full question:
Neighbor denies large tree is on their property. Our builder told us when we bought the house that it was the neighbors tree.. Recent survey says it is on their property and the survey markers are still there. A small part of the roots is on our property. Their fence was placed on the other side of this tree, making it appear to be in our yard. The tree was brought down by recent storms. It fell across their fence and is stuck in trees in their back yard. It has been 3 days and they have not come out to talk or look at problem. I know they are waiting for us to clean it up, but it is not our tree. They are not very friendly neighbors and complain about everything, (don't like our mulch, plantings, etc). It will cost about $2000.00 to remove this tree, not counting replacing the fence. Any suggestions? We are willing to share in some of the costs but not the entire cost. Will homeowners cover this since it is on the fence?
- Category: Trees
- Date:
- State: South Carolina
Answer:
A survey that aligns with city plat maps determines tree ownership, overriding fence placement. If the tree is on the boundary line, both neighbors typically share costs for maintenance or removal. If the tree is entirely on your neighbor's property, they are responsible for the costs.
Homeowners insurance may cover removal, but claims can be denied due to "act of God" exclusions, such as storm damage. Generally, a tree owner is liable for damage only if their failure to maintain the tree contributed to the incident. If a storm caused the tree to fall and it was well-maintained, the tree owner is not liable. Conversely, if the tree was poorly maintained and caused damage after warnings, the owner may be held responsible.
If the tree's roots encroach onto your property, it could be considered an encroachment, requiring the tree owner to remove it. A boundary tree, planted on the property line, cannot be removed without mutual agreement.
In summary, if the tree was well-maintained and fell due to a storm, your neighbor is likely not liable. If they neglected the tree, they may have some responsibility for the damage.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.