Legal Question in Real Estate Law in Indiana

Re: Responsibility for tree and shrubs spreading

Your neighbor is liable for the damage done to neighboring property by her trees. Because they encroach on your property, you have a right to trim them back (at your cost). If the limbs fall on your roof and injure your home, then your homeowners insurance and her homeowners insurance will argue back and forth over the issue. If your neighbor will not trim the trees, I would encourage you to do so. It is possible that a small claims court would require her to reimburse you the costs, but I would not count upon it.

Re: Responsibility for tree and shrubs spreading

If your neighbor will not voluntarily trim his trees, you have the right to trim them back so they do not encroach upon your property and/or cause damage to your home. You cannot cut them down!

As to the damage already caused , get a repair estimate or two and discuss them with your neighbor. If they are significant, you can file a claim with his homeowners insurance-if they wont pay, or your neighbor disagrees and wont file the claim, contact your own insurer and file a claim-let them know it was caused by your neighbors trees and they can initiate a claim with your neighbir's insurer for you. Good luck!