Who is responsible for the tree branch?

Asked almost 2 years ago - Cleveland, OH

My neighbor has a tree on their yard, and one of the big branches is partly dangling from the trunk. Problem is the end part of that big branch has landed onto my property. I'm afraid if I try to move the end of the branch to get it off my property, it might take the whole branch down. If that happens, 95% of that branch will fall onto their property, but I'm afraid they might blame me for what happened. Shouldn't the neighbor take down that branch or am I responsible?

Attorney answers (1)

  1. Mark Alan Mackin

    Contributor Level 14

    Answered . Check the state statutes and your local ordinances and any HOA, but ordinarily your neighbor cannot trespass on your property or maintain a nuisance. The law controls, but my first suggestion is talk to your neighbor and ask them to remove it. You could get their written agreement to have someone remove the branch with reimbursement to you for the expense, but then you would be assuming some liability. They own the problem-they should deal with it.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the... more

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