A very large tree branch fell from a tree in one of my rentals backyard. The tree branch landed in the neighbors yard and partially on a doghouse. Doghouse does not seem damaged.

My tenant called me about it and asked me to talk to the neighbor. My understanding has always been that when a tree or branch falls it is considered and act of God and the responsibly of the yard it lands in. Not my responsibility?

A recent google search confirmed this belief as well as google can. I try to be a good neighbor, so I got a bid from my lawn guy to clean it up ($300) and offers to split it with the neighbor. They were not happy with this and want me to take care of all of it.

Shortly after talking with the neighbor I got a call from the local PD. Officer told me I had to clean up the tree. I asked him why and he didn't have an answer...... He then told me that he was only calling for community relations and to help neighbors get along, that it is really a civil matter.

I politely agreed with him and told him that my offer of half still stands because I want to be a good neighbor. He responded by saying he wasn't going to now, but he could site me with Civil Disobedience if I didn't clean the tree up. I called him on his BS and ended the conversation.

I got a voicemail today from a second Police Officer, I have called back and also left a message. Waiting to see what they say. Pay to clean up your neighbors yard or we will cite you/have you arrested..... Is that police extortion?

We are arguing over $300 (or $150 is half). Should I just pay it and move on. It's not worth the headache. But I don't want the neighbor to think they are in control. And I'm mad and want to fight. But should I?

Many of my rental neighbors will allow their trees branches to grow dangerously large and tower over my homes without a care in the world. When their tree come crashing down on my structure, it was news to them and since they weren't notified in writing of this situation, they and their insurance company will refuse to pay anything for the repairs or clean-up.

This is why I'll take pictures and send the neighbors letters with a Tracking Number and down load proof it was delivered. And then I will have a discussion pointing out the problem.

You know what they always say? "We have no money"! SO THEN I offer to split it. Still they refuse. So then I agree to pay the entire amount, if they grant me permission to trim their tree...

Then when a neighbor tells me that one of my tree's is now over the property line and endangering their house, they expect me to pay the entire cost. If they told me of the problem 1,2 or 3 years ago, the limbs would have been small, thin and easy to deal with. Now they are large trunks around 12 inches in diameter.

My last set of trees cost me $1,000 to trim. The neighbor had no money so I agreed to do it myself, but asked if they could pitch in $200 dollars. Instead of giving me a single cent, they went on a vacation taking their 2 kids and in-laws....

So what I'm saying it's never fair. There is the Law and then there being a good neighbor and preventing damage to you or your neighbors property.

After I have confirmed the law on responsibility, I would send a certified letter to the neighbor re affirming my offer.

If my position was firm zi would have a talk with the Police Chief letting him know of your displeasure of his non attorney officers giving legal advice and making threats

I just went thru the exact same scenario a few months back. I too helped with removal to be a good neighbor. The neighbor was not hard to deal with.

I hate it when cops try intimidation like this

As you are in TX I would leave it until a Judge makes a decision

To be a good neighbor I would at first not mind having the tree cleaned up. And have in a number of cases.

I mean once I get my tree guy out there. it usually is not that much more to add in the neighbors.

But in this case i would not give in to threats. And would Immediately call the chief of police.

I would never have hesitated to remove the tree for $300. I understand not legally being responsible but being a good neighbor is worth more than $300 ... even if they are a bad neighbor.

However, now that it has turned contentious, I'd need it in writing from the neighbor that I could enter onto the property and they hold me harmless for whatever.

As for the police, I'd ignore them.

Since I have the tools, equipment, ability & willingness to remove fallen branches & even whole trees, I most likely would have just removed the branch & cleaned things up. However if this neighbor tried to give me attitude or call the police over it, I would let it stay right where it was until they either had it removed or it rotted & turned to compost. As far as having the cop contact me I would have talked with the first one like you did. If a second cop contacted me I would have not bothered to even call him back instead I would call the chief & give him an earful.

It is my understanding that fallen trees/limbs are the responsibility of the owner of the property they land on. The exception is if the tree owner had been previously notified in writing that his tree created an unsafe condition. In that case, the damaged property owner can hold the tree owner liable.

A cop knocked on the door and told my tenant to tell me that I had to remove a tree that was seriously leaning over the property line. Curiously, a short time later, a ridiculously overpriced tree cutter knocked on the same door and told the tenant he was available to remove the tree. That offer was declined. I met my tree cutter to get a quote, and the neighbor came out and offered to pay half. Offer accepted!

I'm not sure, but I think the initial cop contact with tenant qualifies as my warning. I would have been responsible had that tree subsequently gone down.

I would probably pay the $300, then report the officers who abused their power:

I had a 100 year old tree come down and almost kill me and I just quietly cleaned it up. It was not mine. That's the one where my 20 year dead father told me to run in the house and the tree came down a minute later.

OK this is pretty clear cut. It's your branch. It's their doghouse. I am glad the dog was not in it. I would pay for the whole branch to be taken out but not the doghouse. Don't put a doghouse under a long branch.

Regardless of the law, I would probably feel that it was my tree and therefore my responsibility. I had this happen at my own residence and I removed the tree from my neighbor's yard and repaired the hollow-block wall which this massive limb damaged.

My only contact with the neighbor was to apologize, get permission to work in his back yard, and make sure the dates/times for the work were convenient for him.

As to the cops, I would probably contact the city attorney's office and politely request that he educate the police chief as to the legal issues (including extortion) and as to the fact that "this is a civil matter" and the cops need to keep out of it.