If a neighbor has trees that are creating a dangerous situation in my yard and one has already fallen and damaged my fence, who is responsible for the removal of the trees and the property damage?

If a neighbor has trees that are creating a dangerous situation in my yard and one has already fallen and damaged my fence, who is responsible for the removal of the trees and the property damage?


On my Homeowners - and I'm a liability investigator - my insurance pays for damage/clean up on my property.

I couldn't believe my ears but that's what happened AND my carrier wouldn't make a claim against my neighbor.

I was also advised to send a letter to my neighbor about another tree which looked dangerous and about to fall.

As it happened I talked to my neighbor who was most cooperative and we have remained friends - I honestly don't think they noticed how bad the trees were.

I was fast to report it to MY company and get it taken care of immediately. I could have gone to Small Claims Court but that could have gone either way (I suppose).

If a neighbor has trees that are creating a dangerous situation in my yard and one has already fallen and damaged my fence, who is responsible for the removal of the trees and the property damage?

As with JudyKayTee's neighbor, if your neighbor was reasonably unaware of the dangerous condition of the tree that fell, he or she may escape liability. But now that he/she presumably knows about it, your neighbor has a duty to do something about the trees to avoid future damage to your property.