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} Mar 20, Common Law is the ocean that other laws swim in, but it can be changed by statutory law, like when Indiana’s legislature or the U.S Congress pass a law directly addressing that area.

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If no laws have been passed though, the Common Law precedents are mostly what will decide how the judges rule. Back to the falling treesEstimated Reading Time: 4 mins. 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 of the land.4/5(K). Sep 15, In the situation where the tree’s trunk straddles the boundary line of adjoining parcels, the law considers the tree to be the joint property of both landowners. In that situation Indiana courts have ruled that neither owner has the right to remove or harm the tree without the other’s consent.

Luke v. Scott, N.E. 63 ( ). With respect to jointly owned trees, even minor trimming that could harm the tree Estimated Reading Time: 8 mins.

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Dec 25, If you are found to be legally responsible for the damage to your neighbor's house, your carrier will pay up to your policy limits. Your neighbor can also submit a liability claim against your homeowner's insurance policy. Of course, the best way to avoid a situation like this is to prevent it from happening. If you have a tree on your property Estimated Reading Time: 2 mins. Minnesota State Law Library G25 Minnesota Judicial Center 25 Rev.

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