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If a neighbour's tree or branch falls on another's property who's to blame?

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If a neighbour's tree or branch falls on another's property who's to blame?

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Old Nov 18th 2015, 12:33 pm
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Default If a neighbour's tree or branch falls on another's property who's to blame?

I was debating this yesterday and I said it would probably be covered by the homeowner's insurance but my friend swore it was the neighbour's liability.

Anyone know?
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Old Nov 18th 2015, 12:39 pm
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Actually I just googled the answer. In theory it is neighbour's responsibility but they should have known that it was an at risk tree.
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Old Nov 18th 2015, 1:33 pm
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Was there anyone around to hear it?


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Old Nov 18th 2015, 1:36 pm
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

If the branch damages your property you claim on your insurance. Your insurance company may claim against the owner of the tree or their insurance company, but that really shouldn't affect you either way.
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Old Nov 19th 2015, 4:43 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

I thought Canada was different to the UK (and more tree friendly) in that if the branch is over your property it's your problem.

Thus removing the incentive to chop everything down in case it does result in a claim.
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Old Nov 19th 2015, 4:46 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Originally Posted by Pizzawheel
I thought Canada was different to the UK (and more tree friendly) in that if the branch is over your property it's your problem.

Thus removing the incentive to chop everything down in case it does result in a claim.
Doesn't that just encourage the neighbour to lop off anything that overhangs their property?
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Old Nov 19th 2015, 4:51 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

In the UK, if a branch overhangs your property, then you have the right to remove that branch.. BUT.. you must put that branch back onyo the neighbours property. Simple way to deal with a problem tree on your neighbours property is to knock some copper nails in at ground level, that way they won't harm the chainsaw once the tree is dead.
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Old Nov 19th 2015, 4:54 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Originally Posted by Pulaski
Doesn't that just encourage the neighbour to lop off anything that overhangs their property?
You want that happy medium of shade and safety, and use your money for beer to drink under the tree, and out of the hands of lawyers. We've had some good winds here and branches down so it's worth the cash to get them trimmed.
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Old Nov 19th 2015, 4:56 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Originally Posted by Pizzawheel
I thought Canada was different to the UK (and more tree friendly) in that if the branch is over your property it's your problem.

Thus removing the incentive to chop everything down in case it does result in a claim.
I've had two relevant situations in Canada. Firstly very shortly after moving to Toronto from California a falling tree damaged my parked car. Luckily the main trunk missed but it cost $C800 (in 1982) to fix some dents and scratched paint. The car was still insured in California and my insurance company paid for the repairs to the amount of US$800. A tidy profit in 1982.

In the second case a tree on my property fell across our neighbours' back deck. My house instance paid to remove it and to repair some minor damage to the structure. The tree was a large, unstable Manitoba Maple and would have cost me about $1000 to have it taken down. Another winner!
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Old Nov 19th 2015, 7:31 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Manitoba maple! That's what I have and its on the property line between me and the attached semi, but more on my side. It had been well trimmed back on my side before I bought the place but their side was getting totally out of control. As I had the chainsaw and the harness/ lanyard etc I suggested if they rented the necessary ladder and helped out and ground level I'd climb up and do the trimming. Good deal all round.

It's growing like mad on my side now and I've also just dropped $100 to have the gutters cleaned out, so now I'm pondering whether its worth going out and buying a 40' ladder. Renting is fine but costs a chunk when you don't have a vehicle that can shift those heavy buggers.
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Old Nov 19th 2015, 7:59 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Originally Posted by Pizzawheel
..... so now I'm pondering whether its worth going out and buying a 40' ladder. Renting is fine but costs a chunk when you don't have a vehicle that can shift those heavy buggers.
Have you ever used a 40' ladder? I have one and is a blöödy monster to move and handle. It needs two people to move and maneuver, at least one of them large and strong, and at least one who has been trained, whether formally or informally, on how to handle a ladder.

FWIW ladders for homeowners are usually only 24', which are much lighter and with a balance point at only 6', very considerably easy to handle than a 40' ladder.
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Old Nov 19th 2015, 9:02 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Originally Posted by Pulaski
Have you ever used a 40' ladder? I have one and is a blöödy monster to move and handle. It needs two people to move and maneuver, at least one of them large and strong, and at least one who has been trained, whether formally or informally, on how to handle a ladder.

FWIW ladders for homeowners are usually only 24', which are much lighter and with a balance point at only 6', very considerably easy to handle than a 40' ladder.
Admittedly they are a handful but if you're fit enough you can carry and maneuver it about without help. I did a couple of years college painting and while you're right most of our ladders where 24' and 36' we always had a 40' on hand.

Last edited by Oink; Nov 19th 2015 at 9:05 am.
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Old Nov 19th 2015, 9:39 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Originally Posted by Oink
Admittedly they are a handful but if you're fit enough you can carry and maneuver it about without help. I did a couple of years college painting and while you're right most of our ladders where 24' and 36' we always had a 40' on hand.
When I was doing exteriors in the summer back in the 80's I defaced a few College Pro signs saying Hire A Student so they read Fire A Student.
I still have most of the stuff for commercial painting and roofing (could probably hire kids and go broke) but the longest ladder I have is 32'.

Last edited by caretaker; Nov 19th 2015 at 9:41 am. Reason: long bloody winded
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Old Nov 19th 2015, 9:40 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Originally Posted by Oink
Admittedly they are a handful but if you're fit enough you can carry and maneuver it about without help. I did a couple of years college painting and while you're right most of our ladders where 24' and 36' we always had a 40' on hand.
Perhaps you can share a tip on how to get a horizontal 40' ladder into a vertical position on your own. It's not a question of fitness, more a question of the principal of moments.

Unless you are tall enough to reach 10'1" up the ladder, once you work your way up the ladder, pushing it towards vertical, and reach the half way point, all the ladder does is tip over your head (assuming you are strong enough to hold a 40' ladder at arms length over your head! ). As I approach the balance point, assuming I can reach vertically 8' (which is very nearly true), using Pythagorean geometry, I am still 6' horizontally away from pushing the ladder to vertical.

I have been relying on Mrs P as a weight on the bottom rung, to keep the feet on the ground as I raise and lower it. Have I overlooked another way?

Last edited by Pulaski; Nov 19th 2015 at 9:43 am.
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Old Nov 19th 2015, 9:44 am
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Default Re: If a neighbour's tree or branch falls on another's property who's to blame?

Getting a 40' down is funny too.
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