Legal Question in Civil Litigation in New Mexico

Trees on or near property line

If a branch falls (due to high winds) from a tree on my side of the fence and lands on my neighbors side of the fence, who is responsible for its disposal, me or my neighbor?


Asked on 9/23/00, 3:20 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Trees on or near property line

Assuming you maintain the tree in good condition and this was an accident resulting from a strong storm, the neighbor is liable for debris removal from his property as the intrusion was an "act of god" for which there is no legal liability.

Only if you have comitted some act of negligence can you be held liable for damages to your neighbor's property.

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Answered on 10/23/00, 9:37 am


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