[homey_v]

so im not sure if this is in the right forum so if its not it would be great if someone moved it to the correct one.


so what if a tree on someone else'ss property fell and broke our fence? or say a tree fell on my car in my own driveway or if my car was parked on the street, any difference?

whos insurance pays for it?

i thought if person A had a tree and neglects it cut off long branches and such and they fell on person B's car or fence person A is liable for the damages.

and is person B allowed to trim the branches off of person A's tree?

Kinda like...if there was ice in your drive way and you neglect to salt it and a postman slips and hurts himself he can sue you can he not? im just trying to remember things from law class

[Cillu]

It's up to the owner's responsibility to have excess tree branches cut, walkways free of snow, etc etc.

It's called duty of care, so in the scenario you created where the postman slips on your driveway because of the ice, yes he can sue you and you'll be guilty 100%.

[homey_v]

ah finally a reply =D THANKS!

ya the duty of car i understand. now what about the tree thats on a neighbours property? sounds like its the same scenario, but some people tell me that if a tree on a on a neighbours property fell...or BIG branches fell on my car or our house its your own insurance that pays for it and not the neighbours.
in other words its not the neighbours responsibility.

[FerrariEnzo]

whoever it belongs to is their responsiblity...

if your worried about a tree hanging over onto your side, jsut ask the owner to get the part hangin onto your side trimmed...