Who is responsible for a tree limb falling from my tree into my neighbor’s yard?

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Who is responsible for a tree limb falling from my tree into my neighbor’s yard?

Asked on June 19, 2014 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would be responsible for any damage done by the limb and/or clean-up costs if you knew, or reasonably should have known (i.e. it would have been obvious to any reasonable homeowner in your situation) that the limb was damaged, the tree was sick or dying, etc., and that even knowing of that, you did nothing. (It is negligent, or unreasonably careless, to know of a hazard and not take action.)  However, if there was no reason to know that limb posed a hazard, you would not be responsible; there must be some fault attributable to you for liability (financial responsibility) to attach.


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