From the case Scheckel v.
Jul 04, Under common law of property, when a tree is on one piece of land, any part of that tree that falls on or encroaches on neighboring land is the liability of the neighboring landowner to remove. The Indiana Supreme Court follows the natural condition rule under common law, which states that a landowner was not liable for harms caused to others outside of his land caused by a natural condition 4/5(K).
Mar 20, If they cut the limbs back for spite and it causes the tree to die though, they can be held liable for that. And on the specific case from the beginning, on who is responsible if a tree or a branch falls from one property onto another person’s property, causing damage, Indiana law does not generally hold the tree-owner at shrubcleanup.barted Reading Time: 5 mins.
Sep 15, Indiana law regarding the measure of damages for one’s wrongful harm to or removal of another person’s tree is not at all clear. In general, the extent of one’s liability for damaging another’s property will depend on whether the harm is temporary or permanent.
With respect to jointly owned trees, even minor trimming that could harm the tree should not be undertaken without communication with the co-owner.
If temporary, the reasonable cost of repair is normally shrubcleanup.barted Reading Time: 9 mins. Indiana Tree Damage Laws.
In Indiana, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree).
(To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your shrubcleanup.bar: Emily Doskow, Attorney.