Pecan tree on state right away

Tommy, Michael, Alla and Nick have already given you the ownership half of this correctly: it turns on where the trunk stands, not where the branches hang, and the right of way is usually wider than the pavement. Alla's point about locating the trunk is the right first step. Let me add the half that decides most of these cases, and it is not ownership. It is whether the owner knew, or reasonably should have known, that the tree was defective before the limb came down. Ownership tells you who to look at. Notice tells you who actually pays. So, was the defect knowable. A structurally sound tree that loses a limb in a storm is usually treated as an act of nature, and nobody pays. A tree with visible deadwood, a large cavity, fungal conks at the base, prior limb drops, or a fresh lean is a different story, because a court will ask whether a reasonable owner would have noticed and acted. Courts generally describe this as a duty to learn of defective conditions and then remedy them. What I would actually do this week: - Photograph the whole tree now, including the base and any dead limbs, with the date. - Pay for a written report from an ISA certified arborist. It runs a couple hundred dollars and it is the single most useful document in this situation, whichever way it comes out. - If the trunk turns out to be the state's, send written notice to your state DOT district office and keep the receipt. Written notice is exactly what turns "should have known" into "knew," and it shifts the exposure off you. - If the trunk is yours and the arborist says it is defective, either remedy it or accept that you are on the hook. Tell your homeowners insurance carrier before you admit anything to anyone else. Liability coverage generally responds to this, but only if you let them handle it. I am a real estate professional, not an attorney, and tree liability is genuinely state specific, so if someone has already been hurt or property was damaged, talk to a local attorney before you say anything in writing to the other side. My name is Zoltan Peresztegi and I work the South Bay and the Palos Verdes Peninsula here in Los Angeles County, so I am not the right person to walk your property line, but if you tell me the county you are in I am glad to point you to a strong local agent from my network who can pull the plat and the right of way width for you. Zoltan

My honest advice is the same either way: figure out where the right of way actually starts versus your property line through your county or state DOT, and loop in your homeowner's insurance and possibly an attorney to sort out actual responsibility. Where I can actually add something from the real estate side is if this is affecting a sale or purchase, tree condition and right of way encroachments do come up in disclosures and inspections, and can be a negotiating point if you're buying or selling this property. If that's the situation here, happy to help you think through how it affects a deal. Nick Nikolov Brokered by HomeSmart Houston

Tommy, the usual dividing line is notice, not ownership. If the tree sits on your side of the line and that limb was visibly dead or the trunk was clearly failing, so you had reason to know, that's where a homeowner tends to be on the hook. A healthy tree that loses a limb in a storm gets treated very differently in most places. So the first thing I'd sort out is whether the tree is actually yours. Anything growing inside the state right of way is usually the road department's to maintain, and if you call and ask them to confirm that in writing, you'll have something worth keeping. Photograph the tree now while it's still standing, from several angles. Tree liability is state law and I'm licensed in California, so check the specifics with a local attorney or your insurance agent. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775

Tommy, if the pecan tree is actually located within the state’s right-of-way, maintenance and removal of a fallen limb would generally be the responsibility of the state or agency maintaining that roadway. Responsibility for any damage caused by the limb can depend on whether the tree was known to be hazardous or whether it fell unexpectedly due to weather.

Tommy, this HEAVLY depends on the state location of the incident as state laws differ. As a general rule in the U.S., if the tree is on a homeowner’s property, the homeowner may be responsible if they had previous knowledge. If it was a healthy tree and the limb unexpectedly broke because of a storm or other natural event, the homeowner may not be liable for resulting damage. These of course are all generalities and speaking with an attorney will give you better insight as we are not attorneys here and cannot give legal advice. Good luck! Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States