Cutting a tree not 100% on property....

[kingston73]

A sizable tree came down mostly over my property line (very well indicated, I had it surveyed and marked last summer) but the roots and about 6 feet of trunk are over the line. Problem is I can't find out who owns that land and the town hasn't been any help in finding them. I want to cut and stack at least the part that's down on my land but to do it safely I'm going to need to go across the line and cut the tree at the base before I can do anything else.

So, what would you do? It kills me to just leave it go to waste but I also don't want it to literally kill me if I try cutting just what's on my side.

 

[lindnova]

It is surprising you can't find out who owns the land. County property records should know that. Since the tree is down on your side, that is enough reason to cut it up even if it means stepping over to do it safely. If you or the municipality you live in can't find the owner it is unlikely there would be a problem. After all, you need to clean up the tree that fell on YOUR property. If you really want to cover your @ss, take pictures before just in case.

 

[maple1]

Better be careful.

http://www.theglobeandmail.com/news...nd-a-changed-legal-landscape/article12698935/

Should be able to find out who is the owner of record at the local land registration office (or whatever it's called down there).

Then again if it's an absentee one and it's not developed, chances are you won't get in trouble. Never know though.

Rurual area or?

 

[mass_burner]

this happened to me last year. folks behind me down the cape never come down until August, it was April. i didn't even hesitate, went over and cut it near the base and processed it on my side. never heard a word about it. in MA the side it lands on is responsible for clean up unless you can prove the tree was in a compromised state and owners did nothing about it. so if your responsible for clean up, then you need to do it right.

 

[TreePointer]

As mentioned, forget the town folks. Go to the county level. Rest assured they know who owns it because they need to collect taxes on it LOL!

In PA, you can go to your county administrative building/courthouse and look at land plot maps and you certainly can look at any DEEDS to any property. To look at them is free. You can ask for a photocopy of any deed, too, for a minimal charge. Real estate agents, lawyers, surveyors, foresters, oil/mineral drilling companies, etc., do this all the time, but any person can do it. You should do this, anyway, to see who owns all the properties around yours and find your property markers. This way you will know whom to contact when an issue arises.

 

[pjohnson]

Check online also. My county has a website you can check anyone's property and taxes.

 

[Applesister]

I think Absentee neighbors are better off staying that way. Or sleeping dogs can stay sleeping.
Border trees must have tons of laws surrounding them. And all ancient.
I wouldnt try to look anybody up.
You could contact a county forester or DEC forester. They are well versed in Timber laws. Just find out what laws pertain to border tree ownership.
Or maybe contact your homeowners insurance agent. Because tree damage in the case of fallen trees is their jurisdiction.

 

[Backwoods Savage]

Or you can go to your township clerk, treasurer or supervisor to find out who owns the land. Still, it is easiest to go to the county courthouse to find out who is the land owner.

If nothing else, cut only that part of the tree which is on your land.

 

[mass_burner]

Filing/tax records will give u minimal info, never any contact info. Just do it. Gitter done. Stay off drugs. Keep on truckin'. Stay in school.

 

[Prosecond]

I bought timber for 10 years and we cut every other line tree. I would cut portion of tree on your property.

 

[peakbagger]

There is no way a surveyor would survey a property without researching the adjacent deeds. I don't care if you have stone monuments on every corner, the surveyor still has to check the adjoining deeds and when he does he has to visit the registry of deeds and get the latest deed which is tied to a owner. Once you have deed even if the property has been sold, its usually easy to check the deed indexes to see who bought it. Getting an address and a phone number could be an issue but in theory with name of the owner you can ask the town their contact info. Therefore call you surveyor, he should have a record of the survey and should be able to tell you the book and page number of the deed and the owner of record at the time of the survey.

I would not do as the prior poster suggest and cut every other tree on a property line. Unless the other property owner agrees, the line trees can not be cut. This varies state by state apparently. You are within your rights generally if you cut what is over you property line. I expect that if the tree could be deemed hazardous, that you could act to remove the hazard but generally that would require notification of the owner

 

[Sully]

Quick answer , in Delaware if your neighbors tree falls on your house it's your insurance that has to fix it, that being said if a tree from neighbors lands in my yard and I want to cut it up for the wood. That's what I am doing

 

[MrWhoopee]

This might help:
http://www.sec.state.ma.us/sec/rod/rodidx.htm

 

[Sully]

Only way we it know of is to call your insurance and make complaint they will talk to other insurance company and than it is not solely on you, I had tree from neighbors land on house last year.

 

[mass_burner]

I think we're possibly over-thinking it. What objection could the neighbors have? I bet you they won't even notice it. Take some pics, process and stack.

 

[EatenByLimestone]

A sizable tree came down mostly over my property line (very well indicated, I had it surveyed and marked last summer) but the roots and about 6 feet of trunk are over the line. Problem is I can't find out who owns that land and the town hasn't been any help in finding them. I want to cut and stack at least the part that's down on my land but to do it safely I'm going to need to go across the line and cut the tree at the base before I can do anything else.

So, what would you do? It kills me to just leave it go to waste but I also don't want it to literally kill me if I try cutting just what's on my side.

Your county probably has a GIS web site. Some counties also show property lines, owners, etc. Do a google search for "XXX county, MA GIS"

 

[Butcher]

Get the saw out and cut that sucker up whats layin on your side of the property. Quite worryn bout it.

 

[Paulywalnut]

Cut what is on your side for now. If the property owner does pop up and complain. Send him a bill.

 

[jrcurto]

Also, if its a leaner of any sort and potentially dangerous claim your actions as a hazard mitigation measure and be sure to photo document the process.

 

[BIGDADDY]

If it's down as you say it is down. Why would you need to go on someone else's property. Just cut up what is on your property. Don't go on other peoples property. Show some respect for other peoples property.

 

[Bagelboy]

I'd cut up the whole thing, and stack it pronto! If someone shows up(doubtful), tell them you were just cleaning up the dead tree.

 

[BIGDADDY]

I'd cut up the whole thing, and stack it pronto! If someone shows up(doubtful), tell them you were just cleaning up the dead tree.

What about you're character? You going to clean that up anytime soon?

 

[Bagelboy]

Big daddy, did you read the original post? A sizeable tree and only 6 feet is on the other property, 6 feet! 6 feet is nothing for a sizeable tree. Are you really going to go to all the trouble with the town or county to find out who's property it is? Chances are the owner could give a hoot about the tree. My character is just fine! It's people like you that shouldn't question it!

 

[pen]

And on that note. The thread is closed.