By Susan Patterson Updated December 14,
Jul 04, Under common law of property, when a tree is on one piece of land, any part of that tree that falls on or encroaches on neighboring land is the liability of the neighboring landowner to remove.
The Indiana Supreme Court follows the natural condition rule under common law, which states that a landowner was not liable for harms caused to others outside of his land caused by a natural condition of the land.4/5(K). Mar 20, If you’re in Bloomington, Indiana, or the surrounding areas, Anthony’s can assist in taking down a problem tree or limbs.
Before doing so, we’ll want to confirm that the tree can be legally taken down and is on your property, if there are any questions surrounding it. But then we’re here to get the job done. Callshrubmulching.barted Reading Time: 5 mins. Apr 03, Here is some information explaining the tree and overhanging limb issue in Indiana, Indiana Overhanging Trees. The Indiana Court has held that unless the neighbor knew of a dangerous condition caused by their tree and failed to remedy it, they are not generally liable just for branches overhanging your property.
In Valinet shrubmulching.barted Reading Time: 9 mins. Indiana Tree Damage Laws. In Indiana, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree).
Because this is considered an act of God, not something controlled by humans, tree owners are not responsible for damage that their trees may cause neighboring properties.
(To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your shrubmulching.bar: Emily Doskow, Attorney.
Sep 15, In the situation where the tree’s trunk straddles the boundary line of adjoining parcels, the law considers the tree to be the joint property of both landowners. In that situation Indiana courts have ruled that neither owner has the right to remove or harm the tree without the other’s consent. Rent a stump grinder glensfalls ny v. Scott, N.E. 63 (shrubmulching.bar ).
With respect to jointly owned trees, even minor trimming that could harm the tree should not be undertaken without communication with the Estimated Reading Time: 9 mins. Feb 15, Trees can be tricky, but for the most part homeowners are responsible for what falls into their own yard. So if a storm causes your neighbor’s tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your shrubmulching.barted Reading Time: 3 mins.