Fallen tree, legal advice needed
 

I called electric company about a neighbor's tree which I thought was dying, overhanging their power cables in my yard.
Electric Co said ‘no problem, it will outlive us’
Two months later, while I’m away on vacation, tree falls down and cuts the power etc.
Electric company come and restore power, cut the tree and leave a mess.
Neighbor enters my yard and starts to saw the tree so he can repair his broken fence.
All this was going on without my permission or knowledge. I have a private property, no trespass etc. sign on my closed gate.
When I get to hear about it, I email the neighbor and politely ask him to leave my yard; I don’t want any accidents with me footing the medical bills. No reply from him.
Another neighbor tells me he has now left my yard. I’m not scheduled back for a few more weeks.
Without talking to a lawyer, does anyone know who is actually responsible for the clean-up, me, neighbor or electric Co? Thanks.

Re: Fallen tree, legal advice needed
 

Depends on the state you live in. I would suggest that you get some advice from a lawyer to understand your local laws, but I am sure it could be settled in a small claims court, especially if repairs and costs of restoring power and fixing the fence do not affect you. Any chance of better interaction with your neighbour? He may just clean it up for you to keep the peace.

Re: Fallen tree, legal advice needed
 

Thanks Tegwyn.
Florida. I want to keep clear of the courts if I can but I would like to know my rights before I discuss the matter with all concerned.
IMO, my neighbour is a bit strange, his place is always totally locked with dogs patrolling his yard so I think it is a bit rich him entering mine without permission. I want him staying out of my yard until I return as he is the sort of guy to take me to court for any damages to his property or himself whilst working in my yard.

Re: Fallen tree, legal advice needed
 

If you have damage contact your insurance company and leave it all to them. Trespass is a civil matter, and you'd have to show that you had suffered a loss to have a case to pursue. Criminal trespass depends on exactly how the law is worded, but it seems unlikely that entering your yard to clear up debris from a fallen tree would meet that definition. It is possible that the utility, considering their contractor felled the tree, could be "on the hook" for the clear-up.

IMO your concerns are likely unwarranted, and unless your yard has dangerous hazards, I don't see how someone ignoring a "No Trespassing" sign to clear felled tree debris would have a claim against you, and even if they did, it would be a matter for your home owner's insurance to worry about, not you.

Re: Fallen tree, legal advice needed
 

Thanks your replies.
Coming into my yard is no big deal for me but lawsuits are.
I keep hearing about homeowners being sued for the most ridiculous situations. So IMO some amateur wielding a chainsaw is not ideal. Incidentally’ overwrought I am not, over cautious maybe.

Re: Fallen tree, legal advice needed
 

. Sorry, I didn't mean to offend, but so long as you have home owner's insurance you likely have very little to worry about. And as an amateur chainsaw wielder myself, I agree having one wandering into your yard uninvited, is not ideal.

Re: Fallen tree, legal advice needed
 

No offence taken. Thanks for the advice.

Re: Fallen tree, legal advice needed
 

I actually think that neighbour did this because of his concerns of liability action against him for the damage to your property. If the damage is over $500/$1000 (depending on your deductable), you could get your insurance company involved and will most likely pay for repair and then pursue reimbursement against the neighbour. Still, if it is just a mess that needs to be cleaned up without structural damage you can forget insurance dealing with it and that takes you to small claims court. I think letting the neighbour do it might not be a bad thing all around, or at least talk to each other about getting a company to do the clean up and he carry the costs. He may be strange but his intent may be well intended for both of you.

It may be worth your while finding out what your ordinances are so you know your rights with stuff like this. In some states, you have the right to remove big branches or protruding roots on your property without consulting the owner of the tree. In others, that property owner needs to be advised to either do something to fix the issue, or you take care of the problem on your property at their cost. Honestly though, if you folk can talk to each other, you both may reach an agreement that stretches further positively than becoming hostile neighbours.

Re: Fallen tree, legal advice needed
 

+1 plus wouldn't it be better for him to clean everything up and have the fence repaired before you return home then having him clean up and repair the fence and making noise while you are at home. Since there was a power loss, you'll probably get compensated by your power company for any spoilage in the freezer/refrigerator.

As far a lawsuit, he decided to do it on his own so I suspect that should be a low risk.

Re: Fallen tree, legal advice needed
 

If he has dogs, it may have been necessary to fix the fence to stop them from getting out.

Re: Fallen tree, legal advice needed
 

And what no one else has said on here i will say. Don't harm, attempt to harm or threaten to harm your neighbour or his property no matter how this thing shakes out. Not with that stand your ground law. Use the law, don't break it because they will kick you out!

Re: Fallen tree, legal advice needed
 

If I were you, I would presume that the utility company and your neighbor are both 100% responsible, and seek compensation from both.

Re: Fallen tree, legal advice needed
 

Not in Maryland. Here if the tree falls into your yard, it's yours.

Re: Fallen tree, legal advice needed
 

For goodness sake will you please stop making inane comments? I've lost count of the number of times I have asked you...this may well be the last.

Re: Fallen tree, legal advice needed
 

Same as in Oregon. Are you responsible for damage to your property as well?

Here if a neighbors tree falls on my house my insurance has to cover it.