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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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Experience:  Lawyer
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There is a large 75yr old oak tree in the yard behind my house.

Resolved Question:

There is a large 75yr old oak tree in the yard behind my house. It would fall on my house if wind from the east were to blow it down. What can I do to protect my self?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Who owns the tree? Is there any evidence that the tree is damaged or diseased?
Customer: replied 1 year ago.

The person that owns the home behind me. No the tree looks healthy .

Expert:  Lucy, Esq. replied 1 year ago.
Thank you.

If a perfectly healthy tree falls due to weather, that's considered an act of God, the owner of the tree is unfortunately not responsible. You may want to check your homeowner's insurance to make sure that it will protect you if, for example, a storm hits.

If there is any reason to believe that the tree is sick or diseased, and the owner is on notice of that fact, then the owner has a legal obligation to remove the tree before it falls and damages someone else's property. If a sick tree falls, then the homeowner has to pay for it. One way for a person to protect themselves in that scenario is to send the homeowner a notice, via certified mail, that the tree presents a danger and demanding that it be removed or made safe. But you may need a tree expert to look at it, if there doesn't appear to be any reason to think it might fall.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Satisfied Customers: 19863
Experience: Lawyer
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