Legal Question in Real Estate Law in Indiana

Neighbors tree falls and causes damage

My neighbor planted trees along the property line out of spite for a fence that was put up. These trees are berry trees that make a mess in my yard and now during the last storm we had a very large branch fell off this tree into MY yard and she says she will only pay HALF of the cost to remove it. As of yet I do not know what damage there is to my house because the tree is in the way of seeing my building. Insurance says its an act of god and won't pay. I want both of these trees removed from the property line as at any time they can fall into my building and cause damage that I HAVE TO PAY FOR!! There has got to be a law concerning planting trees on a property line that can cause damage to a neighbors property.


Asked on 7/06/04, 12:55 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Neighbors tree falls and causes damage

Since the trees are on your neighbor's side of your property line (assuming your fence is exactly on the line or just short of the line on your side), the most reasonable solution is for you to sue your neighbor for the damage and for being a nuisance which could result in the neighbor being required to remove and/or trim the trees in addition to being responsible for the damage already caused. Unfortunately, you will most likely have to pay in advance for the work to remove what fell in order to determine what the damage to your building was to know what damages to sue for. If you reside in Marion County, you can sue for up to $6,000 in small claims court. If you reside in other counties, you can sue for up to $3,000 in the small claims division of your local court.

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Answered on 7/07/04, 11:10 am


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