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The fate of the tree remains in limbo.

Bassin v. Fairley, 22 LCR (11 MISC ) (Land Court) Where a healthy tree straddles the property line, the property owners"each hold title to a portion of [the tree], and thus neither can take any action against their portion of [the tree] that would injure [the tree] as a whole." Furthermore, (in accordance with the Restatement of the Law, Torts 2d) a person can only enter.

Aug 11, The limb was rotting, but there was no real way to predict the fall. Both men assessed that it was an otherwise healthy tree, but that water or debris had likely accumulated where the tree limb met the rest of the tree and created a wound. The wound grew worse over time, and even more so as it rained- and rained and rained and rained. Feb 15, Trees can be tricky, but for the most part homeowners are responsible for what falls into their own yard. So if a storm causes your neighbor’s tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your deductible.

The same is true in reverse: If a tree on your property falls in your Estimated Reading Time: 3 mins. Sep 18, If your tree falls onto your neighbor’s property, the first thing your neighbor should do is submit a claim with his or her own insurance company.

Their insurance firm will usually be responsible and will handle all stumplop.buzzted Reading Time: 4 mins. Before you can determine who is liable for damage caused by a falling tree or branch, you need to know who actually owns the tree.

If the trunk of the tree is on your property, you own it. If the trunk of the tree on your neighbors' property, they own it, no matter how much of the canopy overhangs the property line. If the trunk of the tree is Estimated Reading Time: 6 mins. When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately.

The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature.

For example, a healthy tree that falls over during a tornado, hurricane, wind storm or winter storm would not be the responsibility of the.

Mar 25, You can be found liable for damage caused to your neighbor’s property in the event that the damage stems from your negligence of care of the tree. Meaning, if you as the property owner, do not maintain your trees with proper pruning and removal of dead or damaged limbs, you are responsible for the damage caused.