What is our responsibility compared to our neighbor’s where debris from neighbor’s yard has fallen onto our property?
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What is our responsibility compared to our neighbor’s where debris from neighbor’s yard has fallen onto our property?
A storm came through and took a branch down from a tree in our neighbor’s
yard, ripping a hammock down as well as creating holes in our lawn. Normally, I understand that this would be our responsibility as it fell in our yard. However, a month ago, this neighbor had 10 branches from this particular tree that were hanging over his house removed which left 5 other branches from this tree hanging over our property unremoved. How does this last fact change things in terms of responsibility?
Asked on July 22, 2018 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
IF the branches hanging over your yard were obviously dead, dying, injured, too long, etc. and so posed a greater-than-normal risk, then your neighbor's failure to remove them when he had a clear opportunity (the tree trimming) do so would make him liable to for the damage you suffered: a failure to mitigate (take steps to reduce) a known or obvious risk when you have the opportunity to do so is negligent, or unreasonably careless, and can establish liability. In this case, if he will not voluntarily pay for your damage, you could sue him (e.g. in small claims court) with a reasonable chance of winning.
If the branches did not seem to pose a greater-than-normal risk and came down only because of a storm, which is not something under your neighbor's control, then he would NOT be liable, since he did nothing wrong. You would have to bear your own repair, etc. costs.
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