Old trees... Am I responsible for damages on the neighbor sides?

[Leiah]

I purchased the property 17 years ago, with about 50 year old mature trees, which I trim before the fall.
I have some concerns. Am I responsible for damages on the neighbor sides, even so...the trees come already mature with my purchase?

This questions are ...because my new neighbors seemed problematic . They already start complaining about the leaves and coming over the fence to cut the brunches without notice even so ...they have a empty space between two buildings that they own. I can see they will be a future problem...but I would like to cooperate and do what necessary to avoid any troubles.
Please help. Thank you

[AFFA]

I wish to inform you that you can cut or maintain your trees in a manner that it causes no loss in future to your neighbor. Your can be held liable if there is loss to your neighbor. The liability arises because of the fact that owner is vicariously liable for any loss caused to neighbor because of acts on owners property.

AFF

[StorageGuy]

Originally Posted by Leiah I purchased the property 17 years ago, with about 50 year old mature trees, which I trim before the fall. I have some concerns. Am I responsible for damages on the neighbor sides, even so...the trees come already mature with my purchase? This questions are ...because my new neighbors seemed problematic . They already start complaining about the leaves and coming over the fence to cut the brunches without notice even so ...they have a empty space between two buildings that they own. I can see they will be a future problem...but I would like to cooperate and do what necessary to avoid any troubles. Please help. Thank you

AFFA is wrong, as usual, as "vicarious liability" does not apply here. But you know AFFA, he bluffs a lot and is often wrong.

That being said, your liability may vary. For example, if the tree is diseased or was perhaps damaged from a recent storm, you would be liable to your adjacent property owner is damage occurred. However, if your otherwise healthy tree was struck by lightning (act of God), you would be responsible for your damage and your neighbor would be responsible for their own damage.

Oddly enough, the law of trees does vary quite a bit from state to state in the U.S. For example, Virginia law allows an affected adjacent property owner who is experiencing root damage as an example to trim back branches and roots to the property line. Currently, if an adjacent property owner can prove that a neighbors tree is actually causing damage, they can seek a court order to force the property owner to remove the tree. Florida is quite different. Under Florida law, your neighbor is not liable to you for any nuisance caused by overhanging branches or roots, falling leaves, seeds or fruit. At common law, a land owner also has no legal right to unobstructed light, air or view from a neighboring property.

One option would be to remove the trees and to replant newer ones. While I love the older trees as well, they do create problems especially if their roots are shallow seeking surface water and they damage your foundation, sidewalks, etc.

But yes, you would be generally responsible for damage, depending on your Province.