If a huge tree limb fell off of my tree onto my neighbor’s property, who is responsible for taking care of this?

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If a huge tree limb fell off of my tree onto my neighbor’s property, who is responsible for taking care of this?

She doesn’t feel it is her responsibility to take care of it.

Asked on April 18, 2012 under Real Estate Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The law in your state may differon this so I would speak with ana ttorney there.  The general rule is that if the limb fell due to an Act of God - such as a storm - then it is not your responsibility.  However, if the tree was say diseased or if it fell due to some other form of negligence on your part - like your being careless in trimming - then you are responsible.  But remember to put yourself in their place too.  Good luck.


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