Merrillville, IN asked in Small Claims and Real Estate Law for Indiana

Q: I live in Indiana 3 years ago my neighbors tree fell into my house during a storm has the statute of limitations passed?

I've tried to be neighborly but have recently had more issues with him on another tree. Do I have any options for the one that happened 3 years ago and is their anything I can do about a tree that is dead center on the property line that I want gone but he doesn't?

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Most likely yes, the statute of limitations has passed. You had 2 years from the actual occurrence of the tree falling onto your house during the storm to bring a claim against him.

As for the one that is on the property line, if it is on your property, feel free to take care of it yourself. I would consult with a real estate attorney and double check to confirm that the tree is actually on your property. Generally though if it is on your property or hangs over your property line you're free to handle it however you'd like assuming you don't damage your neighbors property. However, remember that you do live next to this person and you will have to continue to deal with him in the future. Consider the damage this will have to your personal relationship and the possible conflicts that may arise later.

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