If a neighbor’s tree fell in my yard, who is responsible for the cleanup/damage?

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If a neighbor’s tree fell in my yard, who is responsible for the cleanup/damage?

Asked on January 10, 2016 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the tree was healthy and blew down in a storm, then your  neighbor's are not responsible. It's falling was an "act of god". If, however, the tree was dead/dying and fell and they knew (or should have known) but did nothing, then they are responsible. It all comes down to negligence. What did the neighbor do or not do that caused the damage. In other words, did they fall to cut down a dead or dying tree?
Note: If your neighbor was not negligent, then check to see if you have coverage under you homeowner's policy. 


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