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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16153
Experience:  Licensed General Practice Attorney, Texas
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My neighbors dead oak tree has fallen onto my property. The

Customer Question

My neighbors dead oak tree has fallen onto my property. The screen in back porch was destroyed along with a shed and equipment inside of it. The tree split from the base that is on their property what legal right do I have for compensation.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation.

The health of the tree determines which landowner is responsible for damages to property (1 Fla. Jur 2d Adjoining Landowners section 8 [2014]). In the situation where a dead tree falls on an adjoining property and damages that property owner's home, the landowner who owns the property where the tree originally was located is responsible for damages. Alternatively, in the situation where a live tree falls on an adjoining property and damages that property owner's home, the adjoining property landowner is responsible for damages. Put another way, consider Landowner A (property owner of tree) and Landowner B (adjoining landowner). If Landowner A's dead tree falls on Landowner B's property, Landowner A is responsible for damages. Conversely, if Landowner A's live tree falls on Landowner B's property, Landowner B is responsible for damages.

In short, the fact that it was dead made it the responsibility of the landowner to responsibly remove the tree so that it would not harm you or your property. Failure to do so would make your damages your neighbor's responsibility.

When you actually fix your screen and replace (or have an estimate of the fair market value of the equipment), you might be able to take that to small claims court if the amount is under $5,000. If more, you would need to get an attorney to pursue that case, as it would be in a more formal court of general jurisdiction.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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