If a neighbor’s tree falls on you property, who’s responsible?

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If a neighbor’s tree falls on you property, who’s responsible?

Asked on July 4, 2013 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends. If the tree fell due to an act of God (e.g. a hurricane or lightening stike), then you would be responsible for any damages that were caused; you could put a claim in with your homeowner's insurer. On the other hand, if the tree fell due to your neighbor's negligence (i.e. they knew or should have known that the tree was rotted, etc.), then they would be legally liable for any damage that was caused by their tree falling in your property.


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