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Jul 02, The property owner is responsible for their own property. However, if the tree trunk is wholly in the neighbor’s yard, but there are overreaching limbs, a property owner can trim or cut the branches up to the property line and has the duty to warn the owner of the tree of any damage, disease, or death of the tree. of a tree is liable for injuries from a falling tree only if he knew or reasonably should have known the tree was diseased, decayed or otherwise constituted a dangerous condition.” Id.
(quoting. Jul 07, Iowa follows the common law or “Massachusetts Rule.” Thus, a landowner may trim a neighbor’s trees branches from his own side of the fence line. He may also dig up roots from his neighbors trees if they cross onto his property. The remedy, however, is limited to self-help.
Harndon v. Stultz, N.W. (Iowa ).
Contact an arborist or your local council about whether the tree can be removed.
Kansas, on the other hand, follows the Hawaii approach. Aug 20, At least under Iowa law, the tree owner isn't automatically liable in such circumstances. Negligence must be proved. That means the tree owner is not liable for damage caused by the fallen tree or limb unless the owner knew or should have known that there was a risk of that shrubmulching.barted Reading Time: 3 mins.
The owner of a healthy tree whose roots, limbs, or branches are encroaching on neighboring property has no legal obligation to do anything about the natural growth of that tree.
Normally when a tree falls onto your property during a covered peril (i.e. storm) than it doesn't matter where the tree came from, your insurance is in charge of it. Only if you could prove negligence (which I don't think you can by the story) could you get his to pay.
So call your insurance.