What is the law regarding damage to property from fallen trees or branches?

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What is the law regarding damage to property from fallen trees or branches?

A tree causes property damage to a neighboring property due to snapped

branches falling in the wind or falling over due to lack of watering. Do the

neighbors have a claim for repairs to their damaged property (e.g. vehicles and

homes)?

Asked on August 14, 2018 under Real Estate Law, Colorado

Answers:

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

Answered 3 years ago | Contributor

If your neighbor knew that the branches of their tree were in danger of falling onto your property because it was dead or dying, then they were negligent for the damage to your property and would be responsible for the associated costs to repair, etc. However, if the branches fell due to an "Act of God" (i.e. due to severe weather, etc.), then they bear no liability for the damages. In that case, you could put a claim in no your homeowner's insurancepolicy.

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

Answered 3 years ago | Contributor

If your neighbor knew that the branches of their tree were in danger of falling onto your property because it was dead or dying, then they were negligent for the damage to your property and would be responsible for the associated costs to repair, etc. However, if the branches fell due to an "Act of God" (i.e. due to severe weather, etc.), then they bear no liability for the damages. In that case, you could put a claim in no your homeowner's insurancepolicy.


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