Indiana Tree Protection Law
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How to fill out Tree Protection Law?
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FAQ
If the tree is larger than 6-inches in diameter (measured at 4.5 feet above the ground) and is healthy or diseased, a permit must be obtained. Permission is not needed to remove a tree that has been deemed dead or a tree under 6-inches in diameter.
The party that owns that land where the trunk of the tree stands, owns the tree regardless of how far it reaches across the property line. If the property line splits the tree's trunk, it is considered a ?boundary tree? shared by all parties. Removal of boundary trees is unlawful unless all parties are in agreement.
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.)
Unfortunately, your insurance is right. 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.
Even if there is a tree hanging over a neighbor's lawn, the only person who can legally do anything about the tree is the owner of the trunk's ground. If the tree provides benefits, like shade, or detriments, like obstruction of view, for a neighbor, the landowner still has total control.
Although the branches and limbs might hang over into another yard, the neighbor cannot remove them. Indianapolis has no permits or regulations regarding tree removal on private property. Indiana law also requires that landowners maintain their property so that others can enjoy their own property.
You could be held liable if your tree was dying or already dead before it fell on your neighbor's property, and you did nothing to prevent property damage.
Branch or root trimming: A neighbor may trim roots or branches that extend into their yard, but only so far as they extend over the property line. Roots should be left alone unless they are causing physical damage to the neighbor's home, such as causing patios to crack or buckle.
The dangerous tree is on the neighboring property. The neighboring property owner is responsible for their property, including the tree. If the neighbor's tree fell, they would be held liable for damages.