Trees

Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage. If the damage was solely the result of a thunderstorm or act of God, the tree owner will not be responsible as the damage could not have been foreseen. If, however, the tree owner allows the tree to grow so that it uproots the fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree. Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.


Inside Trees