Anonymous
Anonymous asked in Home & GardenGarden & Landscape · 5 years ago

Tall palm tree palms falling in neighbors yard. Neighbor throws the palms back into our front yard. Are the palms their responsibility?

Were in California, and we have a very, very tall palm tree that's in our back yard close to the neighbors fence. On a windy day, the palms fall into our yard and our neighbors yard as well. We pick ours up and dispose them properly. However, our neighbor takes the palms that fall into his yard and puts them in front of ours.

My question is, is it their responsibility to dispose the palms that fall into their yard? Its not like I could chop down a extremely tall palm tree lol. Its beyond tall, and much taller that any regular yard tree.

My neighbor is really nice so talking to him isn't an issue. I just wanted to know if it is their responsibility in this kind of situation.

thank you

25 Answers

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  • 5 years ago
    Favorite Answer

    Your tree, your palms.

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  • lazo
    Lv 4
    3 years ago

    Backyard Palm Trees

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  • 5 years ago

    Really ??/ If you lived on a tree lined street does the City rake your Yard ?? The main thing here is that if the tree were trimmed properly the palm fronds would not be dropping . I do not believe it is strictly your responsibility to pick up the palm fronds that the wind blows to your neighbor

    While property owners can be held responsible for damage to a neighbor's property that results from failing to attend to a tree that poses a threat to nearby residents or their property, falling leaves don't fall into that category. Under the law, falling leaves are considered a natural product of trees and not something for which the owner of the tree can be held liable. Homeowners, whether they own the tree or simply live next to it, are responsible for the cleanup of natural debris that enters their yard, no matter the source.

    • American Patriot
      Lv 6
      5 years agoReport

      You're totally wrong. Debris from a neighbor's tree that invades your property is the responsibility of the tree owner.

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  • 5 years ago

    Palm fronds are NOT the "leaves", they are the BRANCHES. The "leaves" are the fan part of the fronds.

    Some, like the Washingtonians, have SHARP hooks running down them and can injure people. Or, in the case of others, sharp spines run down the branches. These can poke a person and cause infections as the point penetrates. Nuisance plants and trees that hang over a property line CAN be cut back TO that property line so it's good for the owner to maintain them. Of course, the tall palms may need to be spiked to get to the trimming and that's not legal in many places. And trimming these isn't cheap.

    Source(s): Owner, Lawn & Landscaping business.
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  • 5 years ago

    If it was a regular tree and had leaves falling then it would be out of line for him to leave a bag of leaves on your yard. However, being a large frond, it's your responsibility. In fact, why are they falling off to begin with? Sounds like you need to trim it up.

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  • Anonymous
    5 years ago

    I have elm trees that drop leaves and branches from windy days on my neighbours yard - they complain about the elm seeds constantly and toss the branches back onto my property. What does that say how about my other neighbour that can't give a sh_t about the mess his spruce trees make of my lawn with the constant dropping of needles and spruce cones - I'm talking buckets full weekly.

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  • 5 years ago

    No. It is your responsibility. If that tree fell over and landed on his house, would he be liable for the damages? Of course not. If he is a nice neighbor you may want to be more proactive and pick up the palm fronds from out of his yard so that he does not have to keep picking up after your mess.

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  • 5 years ago

    Here in England if your tree overhangs someones property then the neighbough can cut the branches off, but must put them back onto your property otherwise it could be classed a s stealing.

    Silly I know but they are your property.

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  • TTT
    Lv 4
    5 years ago

    If it was delicious fruit falling in the yard the comments might change. Does anybody here imagine that all the plant material in all the yards stays put?

    • American Patriot
      Lv 6
      5 years agoReport

      Whatever hangs OVER the property line can be cut off by the neighbor. If there was fruit and it hung over the fence, it's his!

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  • 5 years ago

    What falls on their yard is theirs. However, because it is your tree that is making a mess on their lawn, I wouldn't press the issue. Be a good neighbor and pick them up along with the ones that fall onto your lawn as well. If the complain just say 'sorry' and let it go. That will take most of the brunt out of their complaining.

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  • 5 years ago

    Legally, your tree is creating a "nuisance" for which you are responsible. Your nice neighbor has assisted you by stacking your tree's debris where you can remove it at your convenience. Thank you, nice neighbor!

    As for someone asking, "If your trees falls over on his house, would he be liable for damages?", the answer is yes, of course he would. You cannot possibly buy insurance on his house against Acts of God. You would only be liable if you knew the tree was unreasonably hazardous and failed to take actions to avoid it falling on his house, which his insurance lawyers would have to prove.

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