Legal Question in Real Estate Law in Indiana
Who's liable for property damage caused by falling branches?
I have two large trees. One in the front yard & one in the back. The branches are growing over the neighbor's property line, & during storms,some of them have fallen onto the neighbor's side and caused some minor damage to a privacy fence & a hand rail. The neighbor is threatening to sue me if I don't make repairs within 60 days. In the state of Indiana, she has the right to trim the overhanging branches back to the property line at her expense, and chooses not to do so. Who is liable for the damages, Me or the neighbor?
1 Answer from Attorneys
Re: Who's liable for property damage caused by falling branches?
The question of who is liable is not as easy to answer as this question: what would a good neighbor do? Liability depends on facts, which are not known from your question. For instance: are your trees well-maintained and healthy, and have you had them regularly serviced by tree "surgeons?" If so, then the limbs falling from your tree onto your neighbor's property would probably not be your responsibility. If, on the other hand, you are maintaining a nuisance, a tree with known propensity to drop limbs in minor storms, without yourself taking any measures to trim hazardous limbs, then the neighbor may succeed in a claim against you. As a practical matter, the neighbor's own homeowner's insurance will probably pay (for damages exceeding the deductible) for damages due to the falling limbs.