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A property owner is responsible for trimming or removal of trees that are a 'known" hazard to the life, health or property of others. Willful Failure to do so demonstrates negligence on the part of the property owner. If injury or loss occurs after negligence then personal Liability for all resulting damage follows.

You should document in some way your notification to your neighbor so as to avoid any dispute of prior knowledge should a loss occur. This is often accomplished through certified mail. If the property owner has no prior knowledge then they can successfully dispute liability.

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Q: We have trees on our property that the limbs are growing onto the neighbor's roof. the neighbor wants the trees removed. who is responsible for removing the trees?
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If a neighbor's tree fell on your property who is liable in NZ?

Unless you can prove that the neighbor was negligent by not removing the tree then your insurance pays for your damage. For negligence to occur the neighbor would have to know that the tree was dead and about to fall on your property. Usually you would have had to notify your neighbor in writing of the tree's impending falling for them to be liable.

Is removal of trees knocked over onto a neighbor's property by wind during a storm covered by homeowners insurance - no building is involved?

Yes it is covered. If it can be proven that the neighbor was negligent in not removing dead trees that they knew were dead or should have known. In this case the neighbors homeowners insurance would pay for removal under their liability coverage. In most cases each company would pay for the trees on their property.

Who pays for removal of neighbor's above ground tree root on your property?

You will have to communicate well with the neighbor because removing the root will affect his tree. Hopefully, the neighbor will pitch in some money as well, but it is not something you should expect.

Who is responsible to remove a tree that fell into my yard when the property it fell from is a foreclosure?

Each property owner or your insurers will be responsible for removing that portion of the tree that is on their own property. A property owner nor their Insurer is liable to another for acts of nature unless it can be proven that they were negligent in some way.

Can a neighbor trim anothers tree without permission?

Yes. The law gives you the right to trim bushes and trees that cross the property line up to the property line. You must use reasonable care in trimming the bushes so that you will not cause damage to the bush (except for removing the parts that cross the property line). If at all possible, talk to your neighbor before trimming.

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Who is responsible for removing the personal property when the Life tenant dies and the LIfe Estate is terminated?

Seek legal advice from a law professional as laws differ in states and countries

Do I have to notify my neighbor before I take my fence down?

The following are some situations you should consider before removig the fence. If you need to enter their property in order to remove the fence you should notify them when you will be doing the removal. If there is some deed restriction, agreement or condition that requires you to maintain a fence then you will need to obey those terms. If your fence forms part of the fenced in area that encloses dogs or other animals on your neighbor's property it would be prudent for you to give your neighbor adequate notice of the removal so they can make other arrangements to contain and protect their animals. If it forms part of the required fenced in area that provides a child-barrier to your neighbors swimming pool you should provide notice so they may make other arrangements to child-proof the pool. If removing the fence will cause damage to your neighbor's property then you must take the necessary steps to avoid that damage and repair any damage that is done. Otherwise, if it is your fence on your property then you should be within your rights to remove it.

Whose responsibility is it when a tree falls on your property?

Nobody is liable for an act of nature. It does not matter who owned the tree. If a tree falls on your house just call your insurance company. If it just fell in your yard and did not damage your property you just have to get it removed yourself. If it's partially on your property and partially on the property of another, then each property owner is responsible for removing that part on their own property.

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