Quick Answer: Neighbor Tree Falls On My Property Who Is Responsible?

What happens if a Neighbours tree falls on my house?

Any damage to your home or garden caused by a tree is generally covered by your buildings insurance. This will also apply if a neighbour’s tree has damaged your property. Under your buildings insurance, your insurer will pay for the damage to be repaired.

Does homeowners insurance cover tree falling on neighbor’s house?

If your neighbor’s tree falls during a storm and damages your house, you should still be covered by your homeowners insurance policy. However, if the tree fell because it was dead and rotting, you might possibly make a case that your neighbor is responsible for any damages due to negligent upkeep.

Can I sue my neighbor for tree damage?

If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. If necessary, you can sue to enforce your rights.

Can you force a Neighbour to cut down a tree?

What legal position do I have? You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair.

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Can I throw my Neighbours branches back?

Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. any branches, fruit or roots that are removed must be carefully returned to the tree owner unless they agree otherwise. all work must be carried out carefully.

What to do if a Neighbours tree is affecting you?

If you have a neighbour’s tree hanging over your land, you can:

  1. exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line.
  2. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself.

Can you throw a neighbor tree branches over the fence?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor’s property or destroy the tree.

What can you do about Neighbours overhanging trees?

If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order.

Can my Neighbour cut my tree without asking?

In law you are entitled to cut off any branches overhanging your property provided you return them to the owners. Entering someone’s property, without permission, to cut a tree would undoubtedly be illegal. You may need to take matters to court.

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Whose responsibility is it to cut overhanging tree branches?

The person who owns the land (your neighbour) on which the tree grows i.e. where the base of the tree is, owns the tree and is responsible for it, but is not necessarily responsible for felling the tree or pruning branches that overhang their neighbours’ (your) property, even if these are seen to be causing a problem.

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