Neighbor Law — Overhanging Trees
One of the trees in my front yard hangs over my neighbor’s driveway. Would I be responsible if one of the branches fell off the tree and caused damage to her car?
It depends. As the owner of the tree, the law imposes a duty on you to care for it in a reasonable manner. Property owners who do not act reasonably to prevent damage to a neighbor’s property can be considered negligent, which allows them to be held responsible for damages caused by their negligence. For example, when a tree shows signs of weakness or instability, the owner has a duty to correct the problem within a reasonable period of time. The reasonable actions required to correct a dangerous tree depend on the situation and could include anything from simply trimming off a few dead branches to removing the entire tree. Failure to reasonably care for your tree, however, can result in you being responsible for damage to your neighbor’s car.
On the other hand, just because you own the tree does not mean that you will always be responsible for any damage it causes. For example, property owners are generally not liable for damages their trees cause as a result of an act of God. So if your healthy tree has branches break off during a freak storm, you would not be responsible. Keep in mind that this applies if the tree is healthy. You could still be responsible if the tree showed signs of decay or weakness before the storm such that a reasonable person could have anticipated problems. Ultimately, it is important to keep a close eye on your tree and be sure to take the necessary steps to prevent damage to your neighbor’s car.
This article appears in November 28 • 2003.