Q. I have a few questions resulting from the recent ice storm. I have in my property a cherry tree that is close to my frum neighbors shared fence, the tree split in two and a massive branch fell and damaged not only the fence but his shed too. Do I have to pay for the cleanup and damages in his property? In the past, I let my neighbor collect the cherries from the branches growing over his side. Does that not mean that that part of the tree is his and not my responsibility?
A. A person is exempt for the damages caused by his property if they occurred as an oneis or a situation that is totally beyond his control as opposed to damages done directly by him were he is liable on unintentional damages (Baba Kama 26a). Therefore, there is no obligation to pay for the damages caused to the fence and neighbors shed.
In regards to the cleanup, Horav Shlomo Miller's Shlit"a opinion, based on the ruling of the Chazon Ish (Bovo Basro end of 14) is that the tree branches that were overhanging into the neighbors property before the tree fell are the responsibility of the neighbor regardless whether he had permission to eat the fruits or not, since he could have cut those branches if he wanted to. However, on the branches of the tree that were on the tree owner's property space and fell into the other side he will be liable for their removal.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
