All Forum Posts by: Vishakha Penney

I am not a lawyer and this is not legal advice

It sounds like this neighbor will not be happy until the entire tree is removed.  In most locations, in most circumstances, damage caused by trees is considered an "act of god".  Falling acorns is a natural and foreseeable event and the neighbor is choosing to park under the tree.  Also a tree of that age would have probably been there before she moved in, before you bought the property. Unless you decided one night sneak up in the dead of night and plant a fully established and flowering oak tree such that it overhangs the common fence and her car with intent to damage I would tell her to kick sticks in the nicest way possible.  Check you local laws and good luck!

Every insurer is different when it come to liability of tree damage. So you need to check with yours. With that said though, most (from what Ive seen), if the tree branch hangs over in your neighbors property that branch is their liability, not yours. If the tree is blown over in a storm its still their liability that covers the damage not yours (act of god). Now if you cut it down and it falls on their property then its your liability. As for acorns....I dont see that as being able to hold up in court but check with you insurance. Everyone is sue happy these days so just prepare for anything lol. 

Now if you dont mind the tree coming down tell her she can pay to have it cut down and the stump removed and any re-landscaping needed to cover that area up again. That solves everyones problem. If you like the tree and dont want it cut down then tell her to go pound sand bc its your tree and you like it where it is.

Were the trees there when she moved into the house :)