If my tree has caused damage to my neighbor’s garage, what is my liability?
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If my tree has caused damage to my neighbor’s garage, what is my liability?
I have a tree in my yard in which the trunk is entirely on my property. Several limbs of the tree overhang onto my neighbors property. During a recent storm 2 limbs fell off of the tree and damaged my neighbor’s garage. Am I liable for the damage and limb removal?
Asked on July 26, 2011 Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your liability depends on whether you planted the tree or if you did not and whether or not your neighbor had complained about possible dangerous conditions about the tree before the storm occurred. If you did not plant the tree and your neighbor had no concerns about its condition voiced to you, then the damage caused by a storm was essentially "an act of nature" which you would have no liabilty for as far as damages go.
If the limbs are on your neighbor's property, you are not responsible for limb removal.
However, if you volunteer to help your neighbor clear up the mess and debris, and even assist with some sweat equity for some of the repairs, you'd most likely make "points" with him or her.
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