Am I liable for the cleanup of a tree from my yard that fell accross my neighbor's driveway?
Full Question:
Answer:
A neighbor can be held liable only if his failure to maintain the tree in some way contributed to the damage. If the damage was merely the result of a large storm or an act of God, the neighbor will not be liable for the damage, because the damage could not have been foreseen. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, he is responsible for resulting damage when a storm causes the limb to fall. If the tree was well maintained and a storm knocked it down onto your roof, the neighbor is not responsible.
Trees may be considered an encroachment. For example, when Neighbor A's tree is alllowed to grow onto the Neighbor B's property and damage a fence, it is an encroachment on neighbor B's property. Neighbor A may be required to remove the tree. A Court has discretion to balance hardships and deny removal of an encroachment if it was innocently made, the cost of removal greatly exceeds the inconvenience to plaintiff, and the plaintiff is compensated for damages caused by the encroachment.
