Legal Question in Real Estate Law in Maine

Re: Overhanging Tree

Maine's caselaw holds that generally, if a neighbor's tree falls on your yard and causes damage, and it was an act of god, a storm, etc., that caused it to fall, it is not the neighbor's fault. You would be responsible for removal of the tree and fixing your own damages.

However, if there is negligence on the part of the neighbor, the case becomes a basic negligence case and your neighbor would be responsible. The best way to get the issue dealt with would be to put in writing to the neighbor your request that the tree be cut down before it falls, and note that you will hold them responsible if it does fall on your property, keep a copy of your letter and take pictures to preserve the evidence of the obvious need for the tree to be cut down before it damages your property.