Who is responsible for damage to my roof and carport that is being caused by my neighbor’s tree?

UPDATED: Sep 30, 2022

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Who is responsible for damage to my roof and carport that is being caused by my neighbor’s tree?

My neighbor has an extremely large live oak tree that has branches that extend well over into my yard and are damaging my carport, and the roof of my garage and house. Who is responsible for cutting back the tree and repairing the damage? His is a large tree and would require a professional to trim it.

Asked on September 19, 2016 under Real Estate Law, Louisiana


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

Answered 6 years ago | Contributor

Most homeowners' insurance policies cover damage done by a tree on a neighboring property. After it compensates you, the company may turn sue your neighbor. Obviously, it's best to address such a situation before the branches cause damage to your roof/carport. You are within your right to cut back encroaching branches fro a a neighbor's tree back to our property line. As a courtesy you can inform your neighbor beforehand; hopefully they will share the expense of doing so. If the branches are near power, phone, cable lines, you notify the utilty company to step in and take action. Further, often local municipalities will take action to make an owner take care of dangerous conditions, such as a hazardous tree on their property. If that doesn't help, you can always sue your neighbor under the legal theory of "nuisance" since the tree interferes with the use and enjoyment of your property. You can ask the court to order the owner to remove the tree, however the impairment of your ownership rights would need be demonstrated.

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.

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