Legal Question in Real Estate Law in Indiana

tree overhanging my property

We have 2 very large oak tree lining my driveway. The trees are located on the neighbor's property. We have had numerous large limbs fall. The most extensive damage occured two years ago after a storm-we had two cars totaled & our deck desroyed. THe damage was covered by our insurance. The neighbor has made no attempt to even trim the trees. One tree looks like it should be totally removed due to its condition.

The neighbor has put their house up for sale. What should we do?? The trees are extremely large and the cost of trimming and or removal would be quite expense. Does the current owner have any resposiblity for the trees bofore moving????????????????


Asked on 4/02/07, 2:14 pm

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: tree overhanging my property

The law on this is very much in your favor. Generally speaking, the owner of property containing a tree is legally responsible for any damage caused by the tree or its branches. The "responsibility before moving" part, however, may be more problematic. My instincts tell me that if there is imminent danger of collapse or further danger that the owner of the property may be immediately liable and/or you may have the ability to compel the neighbor to take steps to cut back the trees to remove the threat. If you would like further assistance in addressing this issue, please feel free to contact me at [email protected]. Thanks for your inquiry.

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Answered on 4/08/07, 11:46 pm


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