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Hazard Trees and Limbs on Private Property 2 Try mediation. As a last resort, you can sue. Small-claims court deals with claimed losses up to $7,500. Can I go onto my neighbor’s property to cut down a hazard tree or limb? No! Cutting down a tree on another person’s property without permission is trespass and carries a stiff penalty. In Minnesota, whoever intentionally cuts down a tree without the owner’s permission can be assessed three times (“treble”) the amount of monetary loss suffered by the tree owner. 2 Tip: Don’t engage in stealth tree-cutting when your neighbor has gone on vacation. You’re setting yourself up to pay three times your neighbor’s loss. Who is responsible for cleaning up fallen branches or a fallen tree? If your neighbor’s tree or branches have fallen into your yard, they have become a nuisance 3 , preventing you from the comfortable use and enjoyment of your property. Your neighbor has an obligation to “abate” or remove the nuisance, regardless of whether your neighbor knew that his/her tree had an obvious defect. When can my neighbor claim that the tree failed because of an act of God? An act of God is a force of nature that is both the sole cause of damage and unexpected or unforeseeable. For example, a tree downed by lightning is an act of God, if lightning is the sole cause of the tree’s falling and if the tree did not already have an obvious defect. Your neighbor is not responsible if the tree’s failure is solely caused by act of God. However, if the tree had an obvious defect before the tree fell during a windstorm, then the “act of God” defense will not shield your neighbor from responsibility. What role does insurance play? Bear in mind that insurance is a contract between you and your insurance company. Your insurance company can issue you a check, but cannot give you legal advice about your liability with respect to your neighbor. If your neighbor sues you, YOU are the one in court, not your insurance company. Talk to a lawyer about your legal responsibilities, not your insurance agent. There are two basic types of insurance: casualty-loss insurance and liability insurance. Casualty insurance covers the loss you have suffered from fire, theft, hail, vandalism, and other calamities. It is often subject to a cap, such as $500 for removal of tree debris. Liability insurance covers a loss suffered by someone else, for which you can be held legally responsible. For example, if someone slips on your icy steps and breaks his neck, your insurance policy provides coverage. Where should I go to seek legal help, if needed or if the neighborly approach doesn’t work? Look in the Yellow Pages under “Attorneys/Real Estate or Real Property Law.” Also, look in the Gray Pages of the phone directory for Lawyer Referral and Information Service. This service’s attorneys often provide a half-hour free consultation to people referred to them. Disclaimer: The information included in this fact sheet is intended to be educational, not legal advice. If you have a legal problem and require legal advice, you should consult a lawyer. 2 Minn. Stat. §561.04 3 “Anything which is …an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.” Minnesota Statute §561.01