If we just had an ice storm and my neighbor’s tree caused damage to my property, are they responsible to pay for the repairs?

UPDATED: Sep 30, 2022

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If we just had an ice storm and my neighbor’s tree caused damage to my property, are they responsible to pay for the repairs?

My neighbor’s tree had branches extending over to my property, one of them broke off and fell on my power lines causing my meter box to be torn off the wall. Is my neighbor responsible for the cost of the repairing my meter box and other costs of the electrician

Asked on December 1, 2015 under Real Estate Law, Oklahoma


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

Answered 6 years ago | Contributor

The general rule is that if your neighbor's tree falls on your property, even if it causes injury to a person or damage to property, they will not be liable so long as they are not negligent.
So, for example, did the tree owner have any knowledge that the tree was a potential hazard? Should the tree owner have been on notice of a problem because the tree was not showing leaves but only bare limbs? Did you complain about the safety of your tree, and yet you took no action? If not, then there was probably no negligence involved in the incident.Furthermore, since the tree fell during a severe ice storm, they can raise the defense that this was an "Act of God". That having been said, in such a case, your homeowner's insurance should cover this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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