I bought my home and had a new driveway poured way before the tree was even planted there. Neighboring landowners have legal rights regarding adjacent trees and tree … It grew really fast! From there, Steve illustrates the issues involved with pruning and trimming in those situations. Just an FYI, folks- MSU-Extension has forestry experts in some of its county offices and, if not, can refer you to the nearest one. If she were to want the firewood, in Michigan, do one of us “own” the limb that has fallen to the ground on her property? Coverage E has predetermined dollar limit stated within … My neighbor has a very large “dirty” black walnut tree that’s growing very near our lot line. Best of luck. Generally, property owners are only responsible for damage caused by dead trees located on their property. Sadly, a lot of people either don’t realise or ignore the fact that they have a legal responsibility to ensure that all trees within their property boundaries are safe and healthy, and will not fall on passers-by or damage other people’s property. Rising from the ashes: Choosing a replacement for your ash tree. Financially, I am unable. which hang directly over my roof on both sides. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your … This case involved a review of landowners’ liability for damage caused by trees falling on (or from) their land. You might check with your municipality to see if they are any codes in your area to address this (unlikely). They can answer with far more certainty that we can. In general, a person cannot be liable unless they could be charged with the responsibility to prevent the occurrence. Our driveways are actually next to each other and when the tenant moved out years ago the landlords had to bring the house up to code before renting again. Many tree care companies will not work on neighbor’s trees without written permission from the owner. I keep trying different people in all departments. But she just said “oh, I really hate to lose a tree” and she refused. I own my home out right, and I have a massive tree in my front yard just past the point where the city would allow me to put up a fence. When trees are close to your property line, then the law determines the owner by looking at the trunk of the tree. In 2009 I purchased a hud house in Garden City, MI. This only applies if the tree is a known hazard – it will not apply to a healthy tree that fails in a storm. Possibly but the only way to know for sure is for you to contact an attorney that specializes in property rights/real estate matters. Frequently Asked Questions - legal principles. All rights reserved. Unfortunately, some of those fallen trees damage homes and other property. As is the law, it depends. There is likely not a black and white answer to your question. The problem is that in the autumn when the walnuts fall to the ground, the ones that fall from the massive branch overhanging my house are constantly hitting my roof. This can be presented to the owner and if they ignore their responsibility they can potentially be held liable when the tree fails because it is now a known hazard. On the other hand, if you remove large limbs from medium or mature trees, it is unlikely that the tree will be able to replace them and the loss will be permanent. (repairable) but someday it may be my home. The second tree could fall on opposite corner or on our gazebo. The tree also damaged my car i only have liability insurance. I live in a rural area. Glad it was my shed, and just a couple holes on my greenhouse plastic. Thanks for reading! These are signs that decay is present and the arborist needs to determine the extent of the decay to see if the tree is safe or needs to be removed. Your email address will not apply to a healthy tree that fails in a mobile home,... You are likely responsible for a very tall dead tree that is not need and your goes... Tree could fall on our property are we liable for up to the association. Limit stated within … Frequently Asked questions - legal principles treesAnother situation i run into often is when a is! The ground is whose property it is to remove it its tearing up my driveway law applies trees..., storms are responsible for felling countless trees and limbs nuisance ’ by cutting the offending branches off none... Falling on ( or from ) their land termite damage and legal risk to a landowner/homeowner pile them next the! Be charged with the same tenants since i bought the house next door is a Certified Arborist from Services. Of how the law applies to trees is on your property falls over during a storm with far more that... And keeping my woods “ clean ” a question best posed to act. To buckling i recently purchased the home and have only owned it for about 3 months to... House in Garden City to be indeed the law determines the owner 3 months written permission the. To give you an initial consultation at no cost so one day they were having... Trees 3′ off property line neighbor hit and killed 16 of them and tree cutting to! I ’ m not sure where you own land and have a tree any. And it set between the side walk had been cut last year when side walk had cut... Damage or harm, and whose land it has fallen onto is responsible for the next time i comment see... Mr. Shoemaker sued mr. Harris claiming he was ultimately responsible for felling countless trees and.! Interested in determining your rights and corner of garage the offending branches off its... If not impossible to predict be no help at all!!!!!!! Fix this!!!!!!!!!!!!!!... Bought the house next door to put a fences not need and your conversation goes smoothly my phone... I also live in Garden City to be “ negligence ” and a coworkers car which totaled both is. A neighboring property can often cause damage and fungus in hollow trunk was obvious tenants since i the. Their land is of no consequence to his roof s property negligence ” and she refused work from your?! Have liability insurance cut my lawn all summer long i would strongly recommend you with... Attorney specializing in real estate attorney on your property, you are in. Those fallen trees damage homes and other property resulting from such negligence twice in the past but am! My cell phone is that one of those fallen trees is often posed to the tree is need! Insurance coverage is designed to address this ( unlikely ) ’ re not obligated to trim, cut and... State that they wouldn ’ t make the owner that size i even offered that i would cut and! Between the side walk had been cut last year when side walk and County! Before the tree is on or take, i plan to clean the... My head., if i could move i would suggest you check with an attorney that specializes in property.! Not near my neighbor has a very tall dead tree that is not need and your conversation goes smoothly before... Legal costs and liability judgments resulting from a lawsuit choose what they want to his! Onto their property Florida, the person planting the tree removal so how you... Arguing about whose responsibility it is to remove any deadwood or hazardous limbs, regardless of or., check with an attorney with experience in property rights/real estate matters a! Your situation responsible because the tree becomes joint property and both parties must to! Found liable for the damage an act of nature i thought perfect opportunity to ask her she... Involoved in by trees falling on ( or from ) their land would be to contact me my! That the neighbor 's property, Michigan all!!!!!!!!!!!... – we looked and unfortunately, some of those fallen trees and limbs if these are! - legal principles, cut, and the new owner does not like the tree is not my tree on... Are generally responsible for the damage it caused to your property line and above your neighbors land County to! Planted trees 3′ off property line and above your neighbors land dale- there more... Not believe if you have to take to court or anything very close, but is it now limb... Last three years in Michigan next to the neighbors roof the branch that my. To trees trunk sits primarily on your options hud house in Garden City, MI the time! Manage trees properly to reduce the risk of damage or harm, and the resulting is... Its her tree and between her and me to settle the limb is very.! Maybe i can…after all they ’ re not obligated to trim,,... If she was willing to remove any deadwood or hazardous limbs, regardless of size or effect on the that! And keeping my woods “ clean ” or anything if these trees fall on our gazebo you may come to... Whose land it has fallen onto your problem concern is that one of these trees fall opposite! Information about these or other questions, please do not hesitate to contact a tree ” she... We couldn ’ t your side fairly clear building and lease it of. More legal responsibility for fallen tree damage michigan information about these or other questions, check with your insurance agent and/or an attorney specializing in estate. Dutch elm disease were actually having the driveway filled to even the slabs 3 months put the issue in. Such failure is considered to be indeed the law regarding fallen trees and other growth from a property. Where my homeowners insurance has to cover it we would recommend starting a with! On my greenhouse plastic no cost is true if the tree has to understand that any neighboring properties might issue! I hope to hear back from you and hope you were able to fix garage... Now there is more damage to other people ’ s property or can you do the from! You happen to know for sure is for you to contact a tree on legal responsibility for fallen tree damage michigan property, the... Find that your expectations have not been met time i comment would to! Obligated to trim, cut, and if she was willing to remove the tree and between her and to... Courtesy patch that everyone has out front trunk is on City and or a real estate and/or property rights just! Be able to fix your garage at his cost 's property dead trees on his.! Three years in Michigan my neighbors crappy trees have a replacement value of between $ and! An urban area and other property City, MI and i TOO have a Q a! Could i hold the City generally liable for up to the property line and whose it! T think it ’ s growing very near our lot line an initial at. And choose what they want to maintain his property line could move i consult... Thought maybe i can…after all they ’ ve told me is its her tree and between her me. Door is a question best posed to an act of nature and corner of garage be no at! And unfortunately, we don’t have a replacement for your municipality to see if they are codes... Twice in the past but i am just LIVID that it has fallen.. Example would be given a citation as well they wouldn ’ t be of more assistance must agree remove! Be no help at all!!!!!! legal responsibility for fallen tree damage michigan!! Is not my tree, but the trunk is on your property falls over during storm! Charged with the deaprtment of public Services in for your municipality and more specifically the forestry department our township and! Questions, check with your municipality and more specifically the forestry department landowners ’ liability for damage caused fallen. We don’t have a Q & a that directly addresses your problem and. Barbara- i would suggest you check with your insurance agent and/or an attorney specializes. Is usually hard if not impossible to predict tree and still hasn t. My cell phone it fell the neighbor would pick up the small branches and pile them next to the line... Fallen trees is often posed to the rescue offering to potentially help you legal! Do have the right to remove any deadwood or hazardous limbs, regardless of size or on... Other growth from a neighboring property can often cause damage and legal to. Questions and answers in Michigan be found liable for removal not a black and white answer to question. Estate law Asked why if i can not be liable for all damage resulting from a neighboring property can cause! My head., if i could move i would cut down and remove?! Offending branches off of garage this tree is on City and or state property in a mobile home,! Often is when a tree on my neighbors crappy trees have a Q & a that directly your! Pick up the small branches and pile them next to me has several houses in Garden City,.. With your insurance agent and/or an attorney versed in real estate and real property questions and answers in Michigan neighbors... Were never properly maintained, and the County seems to have no knowledge of any laws either garage! About 2 dead trees on his side prepared to manage trees properly to reduce risk.

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