When the Bough Breaks

Joyce Kilmer, American writer and poet, famously wrote: “I think that I shall never see A poem lovely as a tree.” Many people would be inclined to agree; but what about the neighbor’s tree branches that overhang your yard? Or worse, what if that overhanging tree is diseased or dead, creating an imminent risk? Can you do anything about it?

Surprisingly, if an overhanging branch from a neighbor’s tree falls and causes damage to your property, your neighbor is not liable because you could have trimmed that branch yourself before it fell. This is true regardless of whether the tree is healthy or not. You cannot, however, trim beyond the boundary between your respective properties. That would make you a trespasser.

But what if, you ask, your neighbor’s entire tree falls onto your property? If the tree was healthy and fell only because Mother Nature got worked up and blew it down, then once again your neighbor is not liable. On the other hand, if the tree was visibly diseased or dead, then your neighbor would likely be liable. Why, you ask? It’s because your neighbor knew or should have known that the tree was hazardous.

If you believe your neighbor’s overhanging branches constitute a nuisance or a risk, it’s always best to both ask your neighbor to trim the encroaching branches and to consult with an attorney before you engage in self-help. You can reach the attorneys at Wright Beamer for advice by calling 248.477.6300.