Legal Question in Real Estate Law in Massachusetts

trees that fall

a tree on my property fall on my neighbors property and causes damage. am i required to give him my insurance?


Asked on 1/21/07, 9:00 am

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: trees that fall

I agree with both.

I am not sure why you hesitate to provide the information.

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Answered on 1/21/07, 12:49 pm
Alan Pransky Law Office of Alan J. Pransky

Re: trees that fall

Technically, you don't have to give him your insurance information at this time. However, if you don't, you will probably be sued.

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Answered on 1/21/07, 10:10 am
Carl Chan Law Office of Carl Chan

Re: trees that fall

This actually happened to me. A tree in my yard fell and caused damage in my neighbor's yard. According to my insurance agent, I was not liable for any damage to my neighbor's property. Instead, we were to file our own claims against our own homeowner's policies for any damage done to our own property.

When this incident happened, I did my own legal research and confirmed that this was indeed the case. Basically, you are not liable unless your neighbor can prove negligence.

Try a Google search using the keywords "tree damage" and "liability". I just did it and found an interesting article at

http://realtytimes.com/rtcpages/20031006_treefall.htm

I am certain there are other informative web pages as well.

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Answered on 1/23/07, 6:06 pm

Re: trees that fall

Whetehr you give him your insurance information or not is irrelevant; you are responsible (liable) for any damage caused by the tree that you kept in your yard. You can allow the insurance company to resolve the matter or you can escalate this to a court battle. Your choice.

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Answered on 1/21/07, 11:57 am


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