The Common Law

My neighbor has a large tree with limbs that hang over the property line and overtop my garage house. The tree is starting to look unhealthy and the tree limbs are really big. I’m worried a big branch could fall and damage the garage roof. I’ve asked my neighbor to deal with it, but she hasn’t. If the tree limb falls and damages my roof, would my neighbor be on the hook for the repairs?

It depends on whether your neighbor wasnegligent. Negligence in this context generally means your neighbor either knew – or should have known – the tree was a danger and failed to do anything about it.

In this situation, you have noticed the tree looks unhealthy, the limbs are big and heavy, and they hang right over your garage roof. And importantly, you have already warned your neighbor about the issue. Providing notice is very important, even when your neighbor still does nothing. Continue to document your concerns with photos and written notices to your neighbor. When a property owner is on notice that a tree might be a hazard and they ignore it, it is possible they may be held responsible if something goes wrong. If a branch falls and damages your roof in the future, you would likely have a reasonable argument that your neighbor should pay for the repairs.

On the other hand, just because your neighbor owns the tree does not mean that she will always be responsible for any and all damage it causes. For example, property owners are generally not liable for damages their trees cause due to an “act of God.” So, if your neighbor’s tree is healthy and has branches break off during a freak storm, she likely would not be responsible. Keep in mind that this applies if the tree is healthy, which is often a fact-intensive question that is disputed by neighbors after the damage occurs. Your neighbor could still be responsible if the tree showed signs of decay or weakness before the storm such that a reasonable person could have anticipated problems from an unusual weather event.

The situation you described is fairly common among neighbors living in close proximity. As with most neighbor issues, the easiest solution is to keep working with your neighbor in a friendly manner to remedy the issue before it causes damage.