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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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What is the liability tree falling on a neighbors property?

Customer Question

What is the liability for a tree falling on a neighbors property?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.

The tree owner is liable for damage caused by the tree. If the damage caused is less than $7,500.00 you can sue in small claims court quickly and easily without needing a lawyer: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Small.

The owner may attempt to raise an "Act of God" defense when a healthy tree is damaged unexpectedly by a wind storm, lightning, etc. - but in the vast majority of cases, tree damage is caused by older trees that are uncared for, and the tree owner is liable under a theory of "Negligence." for all damage done to the neighbor's property (including damage from falling limbs, trunk, or roots).

For a helpful discussion, see: http://www.hindmansanchez.com/resources/article/what-to-do-when-a-neighbors-tree-strays/

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