liable. My tree cracked my neighbors illegally built foundation and I was still liable and had to have the tree removed and the foundation fixed. My homeowner's insurance covered it. Turn it in to your insurance company and let them take care of it. That's what his insurance company did to me and there was no getting around it. I tried really hard to get out of it as I hate(d) that fckr, but my insurance company said that is the way it goes. The tree planted in loose ground, irrigation wasn't properly routed, or a "properly trimmed tree" would not have blown over, etc. will be your outs.