This happened to me some years ago though I was the neighbor. Same thing with a large branch over their house, and I was concerned about my liability. I kept wanting them to split the cost to remove it but with no luck. About a week after I scheduled a removal, there was a large storm that took it down for me right on their roof…..luckily no one was home at the time. Called my insurance to figure out what’s going to happened and all here’s what I found out.
Your home include the airspace. This means the neighbor has the right to trim the branch that belongs to me even if I object, but responsibility also falls on the owner of the airspace.
Exception is if the tree is DEAD or UNHEALTHY then it is the tree owner’s responsibility to remove it.
Maybe you can make a case of the condition and health of the tree. However it’ll be up to the insurance company to determine if it’s worth going after their insurance company….more likely than not, your insurance would just pay it out and increase your premium. Sorry it’s never a winning situation when it involves insurance companies.
MindMugging t1_j1is2l5 wrote
Reply to What are MA laws when it comes to damage from branches of neighbor's trees. I warned neighbor two years ago this would happen, in writing. by bcardarella
This happened to me some years ago though I was the neighbor. Same thing with a large branch over their house, and I was concerned about my liability. I kept wanting them to split the cost to remove it but with no luck. About a week after I scheduled a removal, there was a large storm that took it down for me right on their roof…..luckily no one was home at the time. Called my insurance to figure out what’s going to happened and all here’s what I found out.
Maybe you can make a case of the condition and health of the tree. However it’ll be up to the insurance company to determine if it’s worth going after their insurance company….more likely than not, your insurance would just pay it out and increase your premium. Sorry it’s never a winning situation when it involves insurance companies.