If a tree’s base is in my hard but has a branch over neighbor’s home and that branch causes damage to the home, who is responsible?

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If a tree’s base is in my hard but has a branch over neighbor’s home and that branch causes damage to the home, who is responsible?

Asked on June 21, 2015 under Real Estate Law, Texas

Answers:

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

Answered 5 years ago | Contributor

In most jurisdictions, you would be responsible for the damage only if you were negligent or careless in regards to the overhanging limb. That means that if there was reason to think that the branch posed a threat. For example, if the tree/limb was obviously diseased or dying. Then, is such case, you should have taken action such as prunning it back because that's what'swhat would be�expected of the average reasonable person. On the other hand, if there was no reason to think the branch posed any sort of risk and it really was just an "act of god", then you would most likely not bemfinancially responsible. In that event, your neighbor's homeowner's insurance should take care of the loss. To the extent that they ask you to pay for their deductible, it's up tp you as to what you want to do but to keep relations with your neighbor from further deteriorating, you may just want to pay (or at least spilit the cost).


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