My tree fell in my neighbors yard during a storm. Is it true that the tree is now my neighbors responsibility?

Question

I live in NJ and i heard that if a tree falls on your property from someone else's property it is the other person's responsibility on getting it moved?

EDIT

If a tree falls on your property from another property is it your responisbilty to have it removed or the other peoples (the property the tree came from)

I dont want to know the politically correct thing to do.. just the law... i work for a tree cutting company this isnt a person sitation just a question that has been asked by a customer ...... thanks

Answer 1

In terms of responsibility, your tree falls on your property, your responsibility.

Your tree falls on your neighbor's propety, your responsibility. The tree originated on your property and as such, you would be responsible for the clean up. Your neighbor may initiate the cleanup but may make a claim against your homeowner's insurance policy.

Check with your insurance agent to confirm.

Answer 2

Legality and mortality differ here. Legally, if a neighbors tree falls on your property during a storm, you're responsible to remove it. Furthermore, if it damages your home, your insurance covers it....not the neighbors. Each state has it's own local laws but most follow these guidelines. Trees are not personal property in this case. Unless your neighbor is/was negligent (knew and was notified of a dead or sick tree/limb) he's not responsible.
Having said that, if it were my tree sitting in the neighbors yard, of course I'd remove it. It's the neighborly thing to do of course.

Answer 3

I'm not sure what your local laws and statutes are there in NJ. Here in Indiana, the responsibility lies with the owner of the tree. If a company's delivery truck crashed into your house, would that truck now become your responsibility? No, of course not. I am sure the law there is similar.

Whether or not the 'responsibility' lies with you or your neighbor, why on earth would you not take the responsibility and have the damage repaired out of your own pocket?

Good neighbors are hard to find, and bad neighbors are a nightmare.

Answer 4

Laws vary from state to state, but usually it's the responsibility of the home owner to remove the fallen tree from the neighbor's yard. You can contact a local Arborist to find out for sure what the NJ law says.

Answer 5

The person who owned the tree is responsible. Also responsible for any landscaping damages caused. Usually covered by Homeowners Insurance.

Answer 6

i have had this problem ,move the tree yourself. unless you want to go to court, or offer to pay half the price for removal even though a good neighbor or not how would feel.If he is not interested in helping out wilth money ,move the tree yourself.if you don't i promise you will have problems.

Answer 7

if the tree hits the porch and takes off part of it, the owner of the tree is responsible for the damages... same deal if it just falls... it has 'damaged' the other guy's lawn area by being there and it's up to the owner of the tree to do the removal.....

Answer 8

Even though it fell into your neighbors yard, it came from YOUR yard, and therefore it is YOUR responsibility to have it removed.
Period.
Let's look at it like this...you have a nice expensive yard tool or ornament and during a storm it blew into your neighbors yard...would you not still consider it yours?

Answer 9

The tree whether standing or faling is your tree and your responsibilty!

Answer 10

If you don't want your neighbors to kill you, you probaly should move it. Although that is the law.