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 in accord with the city plat maps will control ownership of the tree over the placement of a fence. If it is on the boundary line, then the neighboring owners often share costs of maintenance, repair, removal, etc. Otherwise, the owner of the tree is responsible for the costs. The owner's insurance may cover it, but insurers will often try to deny payment based on "act of God" exclusions, such as when there's a storm.
Generally, however, in cases where trees belonging to one property owner fall on and damage or destroy adjacent property, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage. If the damage was solely the result of a thunderstorm or act of God, the tree owner will not be responsible, as the damage could not have been foreseen. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, the owner may well be responsible for resulting damage when a storm causes the limb to fall. If, however, the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible. If the tree owner allows the tree to grow so that it uproots the fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree. A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement.
A neighbor can be held liable only if his failure to maintain the tree in some way contributed to the damage. If the damage was merely the result of a large storm or an act of God, the neighbor will not be liable for the damage, because the damage could not have been foreseen. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, he is responsible for resulting damage when a storm causes the limb to fall. If the tree was well maintained and a storm knocked it down onto your roof, the neighbor is not responsible.
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.
