2006-12-02 11:42:35 · 12 answers · asked by hosey 1 in Politics & Government ➔ Law & Ethics
Yes you can be held liable. You are owner of your property and hence must make sure that no plant encroaches onto your neighbors yard/property . hence trees with branches extending into their property is your responsibility to trim back. its the same as if a tree planted on your property had such large roots, it ruined a wall or the wall of your neighbor's house, you'd be responsible for repair to that wall.
2006-12-02 11:45:40 · answer #1 · answered by arus.geo 7 · 2⤊ 0⤋
Yes. You knew the branch was large and might fall on the house, you thefore, had a duty to remove the branch before it fell.
You are responsible for any damage to the neighbor's house.
You also had a duty to tell the person that maintains your lawn and trees to remove the dangerous branch before it fell on the house.
2006-12-02 11:49:40 · answer #2 · answered by newyorkgal71 7 · 1⤊ 0⤋
it depends on the circumstances of the fall and your local and state laws. The odds are probably No, if you have a good legal case built up should they try and force you to pay for the repairs. However, it could go either way, so check your homeowners insurance and talk with your neighbors. Most people tend to be reasonable, so I would try that route before court.
2006-12-02 12:02:58 · answer #3 · answered by The Big Box 6 · 0⤊ 0⤋
Yes. If you allow something to escape from your property and it damages a neighbors property you are responsible (Ryland v. Fletcher). However, if your neighbor is enjoying the shade that the branch provides, you may want to get a written waiver from him/her, basically saying that in consideration of the shade, he waives any damage that may result from it breaking and causing damage.
2006-12-02 12:53:23 · answer #4 · answered by Fred B 2 · 0⤊ 0⤋
YES YOU CAN it is your responsibly to make sure the tree is no danger to some one Else property
2006-12-02 11:52:32 · answer #5 · answered by Anonymous · 1⤊ 0⤋
It depends on if you're on notice that there's a problem with the tree. Under most circumstances you'd have to pay anyway and you might as well to keep peace and harmony because you have to live there.
2006-12-02 11:50:57 · answer #6 · answered by Lex 7 · 0⤊ 1⤋
Oh ho ho woo hoo hoo you chucklemeister you! How do you come back up with such hillarity? Do you ideas if i tell that at paintings the following day? ill supply you credit for it no one else might want to opt for the credit for it.
2016-11-23 13:22:42 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Yes. It is your tree. Your homeowner's insurance should cover it.
2006-12-02 12:02:33 · answer #8 · answered by bookmom 6 · 0⤊ 0⤋
Nope it goes to their homeowners insurance. Any part of a tree growing on your property overhanging their property, belongs to them.
2006-12-02 11:50:45 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Yes, that's why you have homeowners insurance. You have insurance right?
2006-12-02 12:22:46 · answer #10 · answered by ArtieLange 2 · 0⤊ 0⤋