Now That Hurricane Sandy Has Past & The Clean Up Has Began, Comes Liabilty Questions...

I Have 1 Uprooted Pine Tree Hanging On My Fence Over Into Neighbors Back Yard.

Another Pine Tree Snapped & Is Hung Up In Same Neighbors Tree In His Back. Yard.

Also I Have A Tree On My Property Which Has Broken Limbs Hanging Over My Neighbors House On Their Property

My Insurance Agent Says I Am Only Liable For What Is On My Property, What Is On Neighbors Property Is Their Responceabilty Even though The Tree & Limbs Are Mine.

Does This Sound Correct? I Want To Be Sure Before dealing With The Neighbors.

All Help Appreciated,
Thanks.
Brian (Pennsylvania)

Do you and this neighbor get along? Why not make it a cooperative effort to clean up this mess? Or at least ask him for permission to access his property to clean it up with his input.

This Property Is A Rental That I Purchased Back In December, That I Have Sunk All My Money Into To Make In A Nice Rental. I Have Yet To Finish All The Renovations, Therefore No Rental Income Yet. The Expense To Do ALL This Tree Work Is More Than I Can Afford. The Insurance Company Will Only Pay For What Is Physically On My Property. They Also Told Me They Would Only Cover 2 Trees For A Max Of Up To $500.00 Per Tree. So With Me Having a $1000.00 Deductible, The Insurance Company Will Pay Nothing Toward The Tree Removal.

Basically My Question Is A Financial Liabilty Question.

As To My Neighbors, I Have Met The Neighbor (Who Has The Tree Limbs Hanging Over Her House) Only Once.

Here is one opinion on the matter of liability for fallen trees:
Realty Times - Who Is Responsible When Your Tree Falls? (http://realtytimes.com/rtpages/20031006_treefall.htm)

Here is one opinion on the matter of liability for fallen trees:
Realty Times - Who Is Responsible When Your Tree Falls? (http://realtytimes.com/rtpages/20031006_treefall.htm)
Now I feel better about my response on this thread, in light of the last paragraph in that article --

"The clear moral to this legal history is that litigation may not be the best approach. If your neighbor's tree falls onto your property -- whether it causes damage -- you should talk to your neighbor and propose that you share in the cost of removal and repair. Clearly, this is probably the least expensive way to resolve your issues, and you also can avoid filing that claim against your insurance carrier."

My Insurance Agent Says I Am Only Liable For What Is On My Property, What Is On Neighbors Property Is Their Responceabilty Even though The Tree & Limbs Are Mine.

Actually, the tree limbs on the neighbor's property are not really yours anymore. Once the neighbor is aware of them, it's his liability for damage or injury caused by them.


"1 Uprooted Pine Tree Hanging On My Fence Over Into Neighbors Back Yard."

Above comments apply.

"Another Pine Tree Snapped & Is Hung Up In Same Neighbors Tree In His Back. Yard."

Some "widowmakers", in other words. Make sure neighbor is aware of them. Beyond that, you have no responsibility to go onto your neighbor's property to recover them.

"Also I Have A Tree On My Property Which Has Broken Limbs Hanging Over My Neighbors House On Their Property"

Much the same as the other situations. Be sure they are aware of the hazzard.