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Who is legally responsible for fallen tree leaves that end up on the neighbors s…

Customer Question
Who is legally responsible for...
Who is legally responsible for fallen tree leaves that end up on the neighbors shared unfenced driveway?

My neighbors eucalyptus tree leaves are all over my front yard making it extremely messy and ugly. it also kiils my plants.

No part of the tree is hanging over on my property, but the wind blows the leaves over to my yard.
I have a gardener that comes once a week and cleans it up but two hours later the same mess returns!
I live in Orange Coiunty California. Thank You.
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/29/2010
Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good afternoon,

I'm sorry to hear of your dilemma.

The wind is consider an act of God and the fact that leaves are blown onto your property from a neighboring property can not work to make the neighbor legally responsible for the clean up, I'm afraid.

Given that the limbs don't overhang your property, I'm sorry, but you have no legal recourse against the neighbor.

I wish you the best in 2010.

Best regards,

Doug

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Customer reply replied 8 years ago
but i have heard that for example if your tree branches fall into a neighbors yard during a storm which is also an act of God, you are legally responsible for cleaning it up. whatever that tree does is your responsibility.
Lawyer: LawTalk, Attorney replied 8 years ago
Good afternoon,

You apparently have heard incorrectly, or have heard incorrect information regarding the law.

Best regards,

Doug

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Customer reply replied 8 years ago

Here are some real life examples from the web, are they wrong?:

Neighbor's tree fell on my property- no damage- who pays for it's removal?


Answers
Answer 1 / 2 - Submitted 651 days ago ..

jim5456

jim5456

Brain (2,948)

The neighbor owns the tree and the removal

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Answer 2 / 2 - Submitted 651 days ago ..

LissaC

LissaC

Brain (7,235)

Yep, I had a tree fall into my yard over the past winter, the tree belonged to the neighbor, they had to remove it from my yard.

Lawyer: LawTalk, Attorney replied 8 years ago
Good evening,

With all due respect intended, there is a difference between a fallen tree, and leaves. More importantly, the law states that a property owner that has a diseased tree, or an old tree that is at risk of falling, can be found liable if that tree falls on another's property. More specifically, a sick/dying tree that falls and damages property can be deemed the responsibility of the tree's owner. This is based on negligence law. Leaves are leaves---sorry, you don't get to force your neighbor to pay for leaf removal.

I realize that this Answer is not what you wanted to hear---but I am not going to blow sunshine up your skirt just because you might pay JustAnswer $18.00. You can either Accept my answer because it is correct----or you can walk away disappointed because you aren't happy with the Answer---but over that I have no control. However, I will not deliberately misrepresent the law just to make you happy.

There are millions, if not billions, of stories on the internet. I can not defend against every shred of hope you find on the net that happens to conflict with my understanding of the law--and I will not attempt to do so.

If you choose not to believe me---then you are free to put your money where your belief is, and sue your neighbor. Just don't be surprised when they win the case and turn around and sue you for malicious prosecution. I have no stake in your dilemma. I am merely sharing my understanding of the law with you. I'm sorry if you are not satisfied with my answer---but it is what it is.

I wish you, and your entire family, well in your futures.

Doug
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