Neighbor's tree leaning onto our fence...Whose responsibility?

We had a new fence put up about a year ago, and within the past couple months, our neighbor's tree has started leaning against the fence, causing it to begin leaning down (and looks like it might soon fall down).

Whose responsibility is this? If it falls down, does he pay to repair our fence? Should we warn him now and ask kindly that he cut the tree?

Re: Neighbor's tree leaning onto our fence...Whose responsibility?

Their tree, their responsibility. I would mention it to them and maybe they can take care of it now before it gets worse. The same thing happened to us and the neighbor was super nice about it. They took the whole tree down before it caused any major damage.

Re: Neighbor's tree leaning onto our fence...Whose responsibility?

Re: Neighbor's tree leaning onto our fence...Whose responsibility?

You have the right to trim the tree to your property line (and extended up) at your own cost. Should the tree fall/continue to harm your fence, you may have to prove that the tree was "sick" in order to get recompense from homeowner's insurance, if you go that route.

Last year during the hurricaine my neighbor's tree fell across my property, destroying one car, causing 2500 in damage to the other, and causing 4000 plus in damage to my house/property. MY homeowner's covered me, and tried to pursue subrogation against my neighbor's homeowners to recover the 2000 in deductibles I had to lay out. They were unsuccessful; I did not have enough documentation to show that his tree was "sick." I know your situation is different, but I just want to warn you before the damage gets worse that recovering money might not be that simple.