If my tree has caused damage to my neighbor’s garage, what is my liability?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my tree has caused damage to my neighbor’s garage, what is my liability?

I have a tree in my yard in which the trunk is entirely on my property. Several limbs of the tree overhang onto my neighbors property. During a recent storm 2 limbs fell off of the tree and damaged my neighbor’s garage. Am I liable for the damage and limb removal?

Asked on July 26, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your liability depends on whether you planted the tree or if you did not and whether or not your neighbor had complained about possible dangerous conditions about the tree before the storm occurred. If you did not plant the tree and your neighbor had no concerns about its condition voiced to you, then the damage caused by a storm was essentially "an act of nature" which you would have no liabilty for as far as damages go.

If the limbs are on your neighbor's property, you are not responsible for limb removal.

However, if you volunteer to help your neighbor clear up the mess and debris, and even assist with some sweat equity for some of the repairs, you'd most likely make "points" with him or her.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption