Me or Neighbor : Who's responisble?

Question

Hi all,Hope all is well.   I have a tree in my yard.  Branches are hanging over to neighbor's yard.  Am I responsible if:a) Branches fall into neighbor's yard?b) Damages caused by the falling tree branches?Thank you!

Greg M. · Answer

Check your local laws as they may vary.

Typically with regards to trees, you are only responsible for what is on your side and the neighbor is responsible for what is on his side. The neighbor is also free to trim everything on their side as long as it doesn't damage the health of the tree.

However, if there is an issue that was reported to you, for example, a large limb originating on your side that appears dead and the neighbor warned you about it, you could be liable for failing to take action. If the tree appears healthy and you have no reason to believe otherwise, and it were to fall, it would not be your responsibility.

Kim Meredith Hampton · Answer

@Luke H. When they fall into a neighbors yard, they actually become the neighbors responsibility, but being a good neighbor and trimming them before they become a problem is the best solution. If the tree branches damage something, then I'm almost certain that the other persons insurance may pay out, but they will subrogate back to your insurance. Same thing when water intrusion comes from a unit above or beside yours in a condo situation.

Colleen F. · Answer

@Luke H.     you would normally in most states have to be negligent to be found liable for a branch falling on the neighbors property.  I actually had this happen with a tenants car and the tenants car insurance covered the damage.

Nathan Gesner · Answer

I should have been more clear. You can be responsible if negligent. In your examples, weather was to blame.

Colleen F. · Answer

In most states as @Greg M.  says  you responsible if you are negligent if a dead tree was reported to you and you failed to act or you otherwise are proven to have known the tree was dead.  @John T.  in the case of a healthy tree or one you didn't know was damaged when a branch falls it is on the person whose property it fell on. I have had multiple situations where I have had water logged trees uproot. We had 8 big healthy trees fall last winter. Only one fell on something and that one was covered by the car insurance.   @Nathan G. maybe it is different in WY but  in 3 cases I was involved in where trees did damage, in RI and MA, it was on the car or home owner.   Make sure you pay your comprehensive.

Tree 1 fell on our garage in a windstorm, our home insurance paid. Tree 2 fell on my tenants car, her car insurance paid. Tree 3 fell in my sons condo parking lot on my sons acquaintance, he did not have comprehensive which among other things covers falling objects, his car was scrap, no one paid.

Now in the overhang situation the responsible thing to do is to make sure the tree is healthy, let the neighbor trim what they want on their side. Offer to trim both sides in they let you.   However I would not open myself up to a negligence claim by saying I am at fault in a tree issue.  If happens call the insurance company even if you don't think it is your issue and they  will advise you.

Patricia Steiner · Answer

Gotta know your state law:

"Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight." (End)In Florida, anything that hangs/comes over to your property, you have the right to cut it - and the obligation to dispose of it.  If you fail to do so and damage is caused to your property, it's on you.  In other words, you must mitigate damages...you can't let the limbs go until they damage your fence, property, and more - and then seek damages.

I don't recommend offering to cut the limbs hanging over your neighbor's yard; one act of kindness could become an expectation of you forever and any damage that might be done to their grass or fence would then fall on you.  What you can do is let that owner know that - under state law - they have the right to cut the limbs to the property line and dispose of the cuttings - and that you certainly support them doing so.

My recommendation would be - if it hasn't been a problem, don't make it one.  Just know the law to mitigate any exposure on your part.

Hope this helps...

Nathan Gesner · Answer

In most cases, the tree grows on your property and is your responsibility. If your apple tree drops an apple on the neighbor's car, you pay for the damages. Any portion of the tree that crosses over to your neighbor's property may be pruned by your neighbor. So if they want to whack off all the branches overhanging their fence, they can legally do that.

Best practice: talk to your neighbor and work something out that you both agree to.

Henry T. · Answer

@John T. and @Greg M. I think is accurate.  I sent a note to a neighbor informing them of their falling tree limbs(300 pounders) and if damage should occur in the future I would be holding them responsible. If something should happen, I fully intend to unleash my attorney, he was warned.

John T. · Answer

Yes and yes.  If you knew that the branches might fall and cause damage to your neighbor or his property and you did nothing, then you're negligent.  If you didn't know, then you are negligent in failing to properly inspect your property to discover trees and branches that were likely to fall and damage your neighbor and his property.

Me or Neighbor : Who's responisble?

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