If aneighbor’s tree falls over into my property, whose firewood is it?

UPDATED: Sep 2, 2011

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If aneighbor’s tree falls over into my property, whose firewood is it?

Asked on September 2, 2011 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your neighbor's tree falls on your property, the firewood is your neighbor's assuming he or she wants it since the tree was on his or her property before it fell.

By analogy, if your neighbor's dog wanders onto your property, the dog is not yours, it is your neighbor's.

If you want the firewood, you should ask your neighbor about taking it even though the tree is on your parcel. Your neighbor does have an obligation to clean up the debris on your property post the falling of his tree onto your parcel. If the neighbor does not clean up the debris, you can then have it cleaned up after giving your neighbor the opportunity to clean it up and charge him or her for it.

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