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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33229
Experience:  15 years real estate, Realtor. Landlord 26 years
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My neighbor's tree fell on to my property but did no damage,

Customer Question

My neighbor's tree fell on to my property but did no damage, but it did obscure my driveway. Who pays to remove the tree
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Can you tell me the circumstances about when the tree fell?.Was it during a storm or high winds?.Was the tree dead or obviously dying prior to falling?..thanksBarrister
Customer: replied 6 months ago.
It was during a period of high winds. I had no knowledge of whether the tree was dying prior to the fall
Expert:  Barrister replied 6 months ago.
Ok, in a situation like this, if the tree was not dead or obviously dying so as to put the neighbor on notice that the tree was dangerous, then this is a situation where this is legally considered an "Act of God" and both parties bear their own costs of the damage and removal. .So you would bear the cost of removing the tree up to the property line on your property and the neighbor would clean up the rest on his property...thanksBarrister

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