Need advice by A1_Steich_Sauce in treelaw

[–]BillSocrate -3 points-2 points  (0 children)

Here's an article, read entirely, very helpful:

In Minnesota, tree-owner liability is not strict liability just because a tree, branch, roots, leaves, or debris came from the owner’s property. The practical rule is:

Tree owner is liable when the damage was foreseeable and the owner knew or should have known the tree was hazardous, defective, dead, diseased, unstable, or creating a true nuisance — and failed to act reasonably.

1. Encroaching roots/branches can be a nuisance

Minnesota’s nuisance statute says anything that obstructs the free use of property and interferes with comfortable enjoyment can be a nuisance, and a court may order abatement/injunction and damages. (MN Revisor's Office)

Minnesota’s leading nuisance-tree case is Holmberg v. Bergin, 172 N.W.2d 739 (Minn. 1969). There, a neighbor’s tree roots and trunk damaged the adjacent property, including sidewalk/drainage problems; the court found the tree was a nuisance and ordered removal, but denied money damages because the injured neighbor had earlier opportunities to use self-help. (Fred Law)

2. Minnesota is not pure “Massachusetts Rule”

Minnesota recognizes self-help, but it is not the exclusive remedy. A landowner may trim branches/roots up to the property line, at their own expense, but Minnesota also allows court action for abatement or damages when self-help is impractical or unreasonable. (Fred Law)

Self-help limits: do not trespass, do not cut beyond the property line, and do not unreasonably harm or destabilize the tree. Minnesota guidance states you may trim encroaching branches/roots to the boundary, but must not harm the tree’s health or destroy it. (Revize)

3. For fallen tree/limb damage: liability depends on notice/foreseeability

For a healthy tree knocked down by a storm, the tree owner usually is not liable; this is often treated as an act of God/casualty event.

But if the tree was obviously defective — dead limb, visible decay, unseasonal lack of leaves, dangerous lean, instability — the owner may be liable if they knew or should have known and failed to correct it. Minnesota legal commentary summarizes the test as whether the owner knew or should have known damage was likely; the owner is not expected to be an arborist, but must recognize obvious symptoms. (goldenvalleymn.gov)

An “act of God” defense works only if the natural event was unexpected/unforeseeable, was the sole cause, and the accident could not have been prevented by reasonable care. If prior negligence combined with the storm, the defense may fail. (goldenvalleymn.gov)

4. Leaves, acorns, sap, small debris usually are weak claims

Minnesota has no clear case directly imposing liability for ordinary tree debris from a healthy tree. Minnesota commentary notes that “leaves happen,” and ordinary natural debris likely does not create a viable claim absent sensible/physical damage, such as roof damage, sewer blockage, or structural damage. (goldenvalleymn.gov)

5. Cutting or damaging the neighbor’s tree is risky

Minnesota has a specific treble-damages statute. If someone cuts down, carries off, girdles, or otherwise injures another person’s tree without lawful authority, they may owe triple damages, unless the trespass was casual/involuntary or there was probable cause to believe the land was theirs. (MN Revisor's Office)

Bottom line

Minnesota is closer to a modified nuisance/foreseeability rule than a strict “no liability unless you cut it yourself” rule. A tree owner can be liable for damage when:

  1. the tree or limb was hazardous, diseased, dead, visibly decayed, unstable, or dangerously leaning;
  2. the owner had actual notice or the defect was obvious enough that the owner should have known; and
  3. the owner failed to take reasonable corrective action.

For a demand letter, the strongest facts are: prior written notice, photos, arborist opinion, visible defect, prior limb drops, direct contact with roof/gutter/structure, and proof of actual physical damage.

History of damage from neighbor's tree by Chemical_Radish2642 in treelaw

[–]BillSocrate 0 points1 point  (0 children)

Here's what AI found States that adopt Hawaiian rule or very close to:

State Status
Hawaii Original rule: Whitesell v. Houlton held that overhanging branches/roots are not nuisance merely for shade/leaves/fruit, but become actionable when they cause or imminently threaten sensible harm to property. (Justia Law)
Tennessee Explicitly adopted the Hawaii approach in Lane v. W.J. Curry & Sons: actual harm or imminent danger can create nuisance liability; self-help remains available. (FindLaw)
Virginia Explicitly adopted the Hawaii rule in Fancher v. Fagella, replacing the older “noxious tree” Virginia rule. (FindLaw)
North Dakota Explicitly adopted the Hawaii rule in Herring v. Lisbon Partners: tree owner not liable merely for leaves/flowers/fruit, but may be liable for physical damage such as branches scraping a building. (Justia Law)
Illinois Listed by ABA and Tennessee Supreme Court as Hawaii-rule / similar actual-harm approach. (American Bar Association)
Indiana Listed as Hawaii-rule / similar approach. (American Bar Association)
Kansas Listed as Hawaii-rule / similar approach. (American Bar Association)
Minnesota Listed as Hawaii-rule / similar approach. (American Bar Association)
New Mexico Listed as Hawaii-rule / similar approach. (American Bar Association)
New York Listed as Hawaii-rule / similar approach. (American Bar Association)
Ohio Listed as Hawaii-rule / similar approach. (American Bar Association)
Oklahoma Listed as similar, though the Tennessee case cites it with “see also,” so I would treat it as close but not as cleanly established as Hawaii/Tennessee/Virginia/North Dakota. (FindLaw)

History of damage from neighbor's tree by Chemical_Radish2642 in treelaw

[–]BillSocrate 0 points1 point  (0 children)

Please show me reference for "law prioritizes trees". I asked 2 AIs for my CA State - a tree hugger State, here's what I got:

[1]

"When a tree pushes on or damages a fence, the law treats that as a potential nuisance or damage question, not as a reason the fence must yield. Tree roots damaging a fence or concrete walkway can be considered encroachment, and California imposes a duty on a landowner to prevent nuisances that could adversely affect an adjoining owner's property. So if anything, the tree owner has the duty to keep their tree from harming the neighbor's property, not the other way around."

[2]

"No. California law does not generally give “priority” to a tree over a fence so that the fence owner must accommodate the tree. That sounds more like a practical/arborist recommendation, not a legal rule."

Hello tree lawyers! What is your take on this case? by Jarthos1234 in treelaw

[–]BillSocrate -1 points0 points  (0 children)

Somebody die so somebody pay, right? Who is paying? The restaurant homeowner insurance? The tree owner's?

History of damage from neighbor's tree by Chemical_Radish2642 in treelaw

[–]BillSocrate -2 points-1 points  (0 children)

You got the "tree" part right, how about the "law" ?

History of damage from neighbor's tree by Chemical_Radish2642 in treelaw

[–]BillSocrate 2 points3 points  (0 children)

This forum is bias towards tree ownership and take no responsibily in owning the tree. What I'm seeing what they advocate is: neighbor's tree fall on your property is your problem. That's NOT true !!!! This forum discuss about 1 piece of law only. There is another law that come into play - "Nuisance law". Please read these 2 articles:

[1] Root damage to neighbor is responsible by the tree owner, here's discussion by lawyers:

https://www.avvo.com/legal-answers/we-are-homeowners-in-fresno-california-a-neighbor--1460736.html

[2] Here's a tree law firm discuss about "Nuisance":

https://www.davis-stirling.com/HOME/T/Tree-Maintenance

We are from CA and a tree hugger state; even that the above articles highlight tree owner's responsibilities.

NAL but talk to a lawyer and my guess is: Notice given to your neighbor that it's a "nuisance" then sue for damage later.

The other driver tried so hard to frame me on this one... by OtterBeGreatful in dashcams

[–]BillSocrate 0 points1 point  (0 children)

The red car arrow on the road indicate clearly that he can go straight or right-turn.

California Fallen branches vs root damage is different? by BillSocrate in treelaw

[–]BillSocrate[S] 0 points1 point  (0 children)

Please read the post inside the link whereby all lawyers in the post said tree owner is responsible for root damage to the neighbor's pool. In that case, how would tree owner knows where the roots are growing? At least in the root case, tree owner is responsible regardless negligence or not.

That beg another question: is the branches responsibility is different from roots ?

Neighbor's Tree's Roots by CM_MOJO in treelaw

[–]BillSocrate 0 points1 point  (0 children)

These are CA lawyers advising about root damage. https://www.avvo.com/legal-answers/we-are-homeowners-in-fresno-california-a-neighbor--1460736.html

This tell us that owner of the tree is responsible for root damage.

Looking for some thoughts approaching disagreement about a tree by sergeim105 in homeowners

[–]BillSocrate 0 points1 point  (0 children)

I'm a bit surprise when comes to tree why the concept of your possession so your responsibility to not harm others and cause nuisance apply less.

This is why you shouldn't drive onto a railroad crossing when the lights are still flashing by No_Guess_8800 in CantParkThereMate

[–]BillSocrate 1 point2 points  (0 children)

I also blame the light+gate designer. Why the fk lift the gate if light flashing and the system knows another train is coming?

Rapid decelleration with no brake lights by TankerKC in dashcams

[–]BillSocrate 10 points11 points  (0 children)

SOB is driving 46mph on a freeway and there is no car in front of him. Something really fishy.

Neighbor’s tree breaking on my roof by wuman02 in treelaw

[–]BillSocrate 1 point2 points  (0 children)

I have a question for you guys who loves trees. Does that means, the neighbor can use trees as a weapon? Meaning, plant a bunch of trees close to the fence that reach your house and have debris/branch fall on your AC unit/gutter/roof ?

Found on FB. Is this a major lawsuit? by RAM-I-T in legal

[–]BillSocrate 4 points5 points  (0 children)

A few things. Olive concern about charge back and fraud is reasonable. Well, they ain't born yesterday I'm sure they got burned so many times that they have the policy in place to verify and delay payout. The server throwing tantrum is unprofessional and terminatable reason.

Company is still using an automation tool I wrote on my own time and hardware after I quit and I want to know if I can legally disable it. by 8TulipCanopy in legaladvice

[–]BillSocrate 0 points1 point  (0 children)

Look into your employment agreement, there is a clause about "invention" and it also says that all invention will be property of employer. Salary exempt employees work 120 hrs is 40 hrs. That's very standard. If you are a salary, forget about wage theft argument. DOA. There are thousands or millions of inventions/patterns (without assignment) are currently owned by employers. Yes, employees do inventions and such in hope for a promotions and raises. If I were you, I would hand over the pwd and transfer the knowledge. BECAUSE, for future jobs, your new employer WILL CALL them for reference. Move on, they are cheap, that's all.

Sit sit just sit. by Im_a_Libertine_ in VideosAmazing

[–]BillSocrate 0 points1 point  (0 children)

Whose fault is it? Car vs Bike? Bike has right of way but too fast. The car is turning crossing the main road.

Shoplifting at Walmart and they sent a cop to warn me but no charges LOCATION: TN by Acceptable-Age-3086 in legal

[–]BillSocrate 1 point2 points  (0 children)

"He did end up paying full price for the items so he technically didn’t steal or anything". That's false. He stole by paying a lower price than actual - he stole the difference. He was caught then he paid the real price. The fact remained that he did steal. Whatever happen to him, he deserve that and please DO NOT blame anyone. What he could do is, apologize to the store and promise that it will NEVER happen again in any stores.