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Re: The Santa Cruz Branch Rail Line Continues To Take A Pounding
Author: ex-BN
Date: 02-26-2017 - 12:11
A Railfan Wrote:
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> Before these trees feel, were they on railroad
> property? If not, wouldn't the adjacent property
> owner be liable for the damage to the railroad
> property or impeding of business?
That depends. The law says yes if the owner of the tree had knowledge that the trees were in danger of falling. But if its considered "An act of God" that was unforeseen then it becomes the responsibility of the owner of the property it fell on. So if it's a freak storm then the RR gets no recourse. But if not then it's on the owner of the tree. This also gets interesting in the case of a branch that overhangs the property line. Bottom line is that you have both the right and responsibility to remove dangerous branches from your neighbors trees on your side of the fence.
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> Before these trees feel, were they on railroad
> property? If not, wouldn't the adjacent property
> owner be liable for the damage to the railroad
> property or impeding of business?
That depends. The law says yes if the owner of the tree had knowledge that the trees were in danger of falling. But if its considered "An act of God" that was unforeseen then it becomes the responsibility of the owner of the property it fell on. So if it's a freak storm then the RR gets no recourse. But if not then it's on the owner of the tree. This also gets interesting in the case of a branch that overhangs the property line. Bottom line is that you have both the right and responsibility to remove dangerous branches from your neighbors trees on your side of the fence.
