I have a neighbor whose tree overhangs my yard. They have a child that is alway climbing around in the tree. If he falls from the tree into my yard am I liable? If so would a release of liability waiver be valid if I had the parents sign?
Answer
If the trunk of the tree is wholly on the land of the neighbor, then it is the neighbor's tree. I'm not sure what kind of tree it is, but you do have the right to prune the branches back to the property line.
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