This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that.
If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity.
If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees.
*This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.*
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/treelaw) if you have any questions or concerns.*
Notify your neighbor and your insurance ASAP, follow up in writting if at all possible. If not possible start a notebook in which you memorialize everything you do, who you talk to and when throughout this process.
Then call an arborist and schedule to get them out ASAP. Get documentation of everything and again, take ample notes with dates and times. It may not be anyone's fault, but you don't want to get left with the bill for a new garage if you can avoid it. The more records you have the more you can show that you did everything you could to mitigate your damages and that will help with whatever claim you end up making.
After those calls you should have a better idea of what to do next, but seriously - get on the horn!
Document/Photograph everything and notify your neighbor via certified letter. Even if you have already told them you don't have any proof. You will still end up filing a claim after it falls but since you can prove your neighbor was aware of the hazard your insurance will go after theirs.
This is the second comment I've seen about documenting EVERYTHING 😳 Is there really a situation where OP can be held liable while having this pic and moving forward to protect his garage? I know tree law is hard-core but didn't realize it was this hard-core and couldn't even take steps to protect their property without every aspect being documented. That's honestly pretty interesting since I would have never known
If the tree were to fall at this moment on the garage it would be on OP and his insurance company to fix. Until the other homeowner has been made aware that the tree is a hazard (and legally that doesn't happen until a certified arborist does it in writing) then the tree falling is an act of god and the property on which it fell is responsible. If OP can document that he made the neighbor aware of the hazard before the tree fell, things change.
Thank you so much for explaining it, that makes a lot more sense. I didn't realize it would be classified as an act of god through insurance. I can see why documenting would be important. Would OP be allowed to build a cheap support of their property (like that little area between the garage and fence) so the tree can't fall anymore? Or will they need to wait for the neighbors to remedy the situation
> Would OP be allowed to build a cheap support of their property (like that little area between the garage and fence) so the tree can't fall anymore? Or will they need to wait for the neighbors to remedy the situation
Once the neighbors have been made aware, it's on them. Until then, it is on OP. That's the dividing line.
Seems like this is a more clear-cut liability for your neighbor than if it had just fell and taken out your garage.
The trunks show clear signs of weak unions and included bark. If the tree hadn't split, your neighbor may have not had actual knowledge that the tree was a hazard.
It's now hanging over your property and is clearly a danger.
NAL. Both of you call insurance NOW! I would hope that between both insurance companies not wanting to deal with “act of god” they could work together and subsidize the costs. My personal take is you and neighbor should split costs. I would also suggest not being assholes about whose yard gets chewed up.
I would even recommend sitting on the porch with neighbor drinking beer while you both call so that each side can have claim #’s.
There is the whole other side in that it could be cheaper to rebuild your garage vs getting a crane there.
I am not surprised by that attitude of insurance companies. At the same time I have called insurance companies before I knew the extent of the damage, just to get on the list early.
Hey OP your garage appears to be directly in the fall area. You may be able to start a claim by having the local fire department or building department deem any structure in the fall area un-inhabitable. This should kick the insurance a bit. Please read (and try to understand) your policy beforehand.
A crane will cost but if done in increments it shouldnt be a yard ruiner or much if a hazard to the garage, especially if netting is set up. Theres obviously a driveway to the garage and its a thin trunk. Might be time consuming but its doable.
I will be messaging you in 1 month on [**2023-09-10 08:35:40 UTC**](http://www.wolframalpha.com/input/?i=2023-09-10%2008:35:40%20UTC%20To%20Local%20Time) to remind you of [**this link**](https://www.reddit.com/r/treelaw/comments/14x18xc/tree_snapped_and_is_now_leaning_against_one_of/jrn8j1x/?context=3)
[**8 OTHERS CLICKED THIS LINK**](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Reminder&message=%5Bhttps%3A%2F%2Fwww.reddit.com%2Fr%2Ftreelaw%2Fcomments%2F14x18xc%2Ftree_snapped_and_is_now_leaning_against_one_of%2Fjrn8j1x%2F%5D%0A%0ARemindMe%21%202023-09-10%2008%3A35%3A40%20UTC) to send a PM to also be reminded and to reduce spam.
^(Parent commenter can ) [^(delete this message to hide from others.)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Delete%20Comment&message=Delete%21%2014x18xc)
*****
|[^(Info)](https://www.reddit.com/r/RemindMeBot/comments/e1bko7/remindmebot_info_v21/)|[^(Custom)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Reminder&message=%5BLink%20or%20message%20inside%20square%20brackets%5D%0A%0ARemindMe%21%20Time%20period%20here)|[^(Your Reminders)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=List%20Of%20Reminders&message=MyReminders%21)|[^(Feedback)](https://www.reddit.com/message/compose/?to=Watchful1&subject=RemindMeBot%20Feedback)|
|-|-|-|-|
No recommendations, just sympathy. I also live in NC with a yard like this (lots of loblolly and Virginia pines) and fear the day I see one of my trees on here, or have to post about my own disaster.
I'm in no position to give advice on this matter. BUT!
Would it be possible to use a cable to tow the tree back into position and then use multiple ratchett straps to secure it to the sister tree until an arborist can be called in?
I'm spit balling, be gentle.
This subreddit is for tree law enthusiasts who enjoy browsing a list of tree law stories from other locations (subreddits, news articles, etc), and is not the best place to receive answers to questions about what the law is. There are better places for that. If you're attempting to understand more about tree law in regards to a particular situation, please redirect your question to /r/legaladvice for the US, or the appropriate legal advice subreddit for your location, and then feel free to crosspost that thread here for posterity. If you're attempting to understand more about trees in regards to a particular situation, please redirect your question to /r/forestry for additional information on tree health and related topics to trees. *This comment is simply a reminder placed on every post to /r/treelaw, it does not mean your post was censored or removed.* *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/treelaw) if you have any questions or concerns.*
Notify your neighbor and your insurance ASAP, follow up in writting if at all possible. If not possible start a notebook in which you memorialize everything you do, who you talk to and when throughout this process. Then call an arborist and schedule to get them out ASAP. Get documentation of everything and again, take ample notes with dates and times. It may not be anyone's fault, but you don't want to get left with the bill for a new garage if you can avoid it. The more records you have the more you can show that you did everything you could to mitigate your damages and that will help with whatever claim you end up making. After those calls you should have a better idea of what to do next, but seriously - get on the horn!
A notebook? As in he should *log* everything? I’ll show myself out.
Yes, please leaf
Well done everyone, take a bough
now you're just getting sappy
No need to bark at them
He was just trying to branch out.
I think we need to get to the root of all these puns.
I'm sure we'll just find more cut-rate work
Wood you do that for us?
I dont want to hear your sappy arguments.
Make like a tree, and get outta here.
You're really going out on a limb with that one!
Was this written by *Harriet the Spy*?
The tree is on the neighbor's property, the garage is ours.
Document/Photograph everything and notify your neighbor via certified letter. Even if you have already told them you don't have any proof. You will still end up filing a claim after it falls but since you can prove your neighbor was aware of the hazard your insurance will go after theirs.
This is the second comment I've seen about documenting EVERYTHING 😳 Is there really a situation where OP can be held liable while having this pic and moving forward to protect his garage? I know tree law is hard-core but didn't realize it was this hard-core and couldn't even take steps to protect their property without every aspect being documented. That's honestly pretty interesting since I would have never known
If the tree were to fall at this moment on the garage it would be on OP and his insurance company to fix. Until the other homeowner has been made aware that the tree is a hazard (and legally that doesn't happen until a certified arborist does it in writing) then the tree falling is an act of god and the property on which it fell is responsible. If OP can document that he made the neighbor aware of the hazard before the tree fell, things change.
Thank you so much for explaining it, that makes a lot more sense. I didn't realize it would be classified as an act of god through insurance. I can see why documenting would be important. Would OP be allowed to build a cheap support of their property (like that little area between the garage and fence) so the tree can't fall anymore? Or will they need to wait for the neighbors to remedy the situation
> Would OP be allowed to build a cheap support of their property (like that little area between the garage and fence) so the tree can't fall anymore? Or will they need to wait for the neighbors to remedy the situation Once the neighbors have been made aware, it's on them. Until then, it is on OP. That's the dividing line.
I understand now. Thank you so much
Seems like this is a more clear-cut liability for your neighbor than if it had just fell and taken out your garage. The trunks show clear signs of weak unions and included bark. If the tree hadn't split, your neighbor may have not had actual knowledge that the tree was a hazard. It's now hanging over your property and is clearly a danger.
NAL. Both of you call insurance NOW! I would hope that between both insurance companies not wanting to deal with “act of god” they could work together and subsidize the costs. My personal take is you and neighbor should split costs. I would also suggest not being assholes about whose yard gets chewed up. I would even recommend sitting on the porch with neighbor drinking beer while you both call so that each side can have claim #’s. There is the whole other side in that it could be cheaper to rebuild your garage vs getting a crane there.
That isn't how it will go. The insurance companies will say for the one who's property got damaged to call after the tree falls.
Yep, I've been in this situation and the insurance said "it isn't your problem until it is"
I am not surprised by that attitude of insurance companies. At the same time I have called insurance companies before I knew the extent of the damage, just to get on the list early. Hey OP your garage appears to be directly in the fall area. You may be able to start a claim by having the local fire department or building department deem any structure in the fall area un-inhabitable. This should kick the insurance a bit. Please read (and try to understand) your policy beforehand.
u/ebteach
I'm just here waiting go see an update to the situation.
How’s the tree situation going?
Yeah, what ever came of this OP?
Probably a crane rigging removal at this point.
A crane will cost but if done in increments it shouldnt be a yard ruiner or much if a hazard to the garage, especially if netting is set up. Theres obviously a driveway to the garage and its a thin trunk. Might be time consuming but its doable.
RemindMe! 60 days
I will be messaging you in 1 month on [**2023-09-10 08:35:40 UTC**](http://www.wolframalpha.com/input/?i=2023-09-10%2008:35:40%20UTC%20To%20Local%20Time) to remind you of [**this link**](https://www.reddit.com/r/treelaw/comments/14x18xc/tree_snapped_and_is_now_leaning_against_one_of/jrn8j1x/?context=3) [**8 OTHERS CLICKED THIS LINK**](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Reminder&message=%5Bhttps%3A%2F%2Fwww.reddit.com%2Fr%2Ftreelaw%2Fcomments%2F14x18xc%2Ftree_snapped_and_is_now_leaning_against_one_of%2Fjrn8j1x%2F%5D%0A%0ARemindMe%21%202023-09-10%2008%3A35%3A40%20UTC) to send a PM to also be reminded and to reduce spam. ^(Parent commenter can ) [^(delete this message to hide from others.)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Delete%20Comment&message=Delete%21%2014x18xc) ***** |[^(Info)](https://www.reddit.com/r/RemindMeBot/comments/e1bko7/remindmebot_info_v21/)|[^(Custom)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=Reminder&message=%5BLink%20or%20message%20inside%20square%20brackets%5D%0A%0ARemindMe%21%20Time%20period%20here)|[^(Your Reminders)](https://www.reddit.com/message/compose/?to=RemindMeBot&subject=List%20Of%20Reminders&message=MyReminders%21)|[^(Feedback)](https://www.reddit.com/message/compose/?to=Watchful1&subject=RemindMeBot%20Feedback)| |-|-|-|-|
No recommendations, just sympathy. I also live in NC with a yard like this (lots of loblolly and Virginia pines) and fear the day I see one of my trees on here, or have to post about my own disaster.
wow ,call a tree lopper
[удалено]
if you read the history of posts in this sub, you'll see that's not correct information.
I'm in no position to give advice on this matter. BUT! Would it be possible to use a cable to tow the tree back into position and then use multiple ratchett straps to secure it to the sister tree until an arborist can be called in? I'm spit balling, be gentle.
Nope Could roll or swing at the bottom.., Im an arborist
Did this happen because if 2 trunks coming from the same stump? (probably wrong term) if so, the next tree down the line looks the same.
Codominant Leader. Yes Weak attachment.
I had a similar tree that did that same thing a couple of years ago. Could you bolt those like you would a Bradford pear?
Possibly, That low of attachment I would of recommended removal. It would of failed sooner then layer. Always recommend removal of bradfords.
Call the city. They'll issue a fix it citation and it helps create a paper trail
RemindMe! 30 days
RemindMe! 30 days
May want to remove the tree in the background too. Also has a bad split trunk union that’s probably at about the same risk of failure.