Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Do I have to pay part of my neighbor's tre hat uprooted

Customer Question
Do I have to pay...
Do I have to pay for the part of my neighbor's tre hat uprooted from too much rain and part of it fell in my yard?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
6/20/2015
Real Estate Lawyer: Richard, Lawyer replied 2 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,790
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Hi! My name is ***** ***** I look forward to helping you!
Can you provide me a bit more information? Are you talking about the costs of cleaning up the tree and/or damages caused by the tree? Also, was the tree damaged, diseased, or dead prior to the storm? Thanks.
Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
The tree uprooted in neighbor's yard from too much rain. Part of it fell across the back of my property, not damaging anything, as it's a shrubby area.
Customer reply replied 2 years ago
The tree uprooted from too much rain in my neighbor's yard, and part of it fell on the back of my hill damaging nothing.
Customer reply replied 2 years ago
Her tree expert said it was a healthy tree.
Customer reply replied 2 years ago
Are you still there?
Customer reply replied 2 years ago
I'm talking about the costs of removing the part of the tree that's on my property. She seems to think I have to pay for that.
Real Estate Lawyer: Richard, Lawyer replied 2 years ago
Yes...I'm sorry..it just too me a few minutes to type my response. Thanks for your patience. And, thanks for following up. Unfortunately, when it falls due to too much rain and not from any pre-existing condition of the tree, it is considered an Act of God for which the neighbor (and the neighbor's insurance company) is not liable. So, with respect to the cost of cleaning up your property, you would have the responsibility of cleaning up the tree portion on your property. But, I would not let your insurance company decline coverage. The insurance company doesn't simply get the unilateral right to determine that an insured is not covered because they are not exactly an unbiased party. Write the insurance company a certified, return receipt requested letter explaining the situation in detail and demand that they agree to coverage within a short specified period of time or you will have no choice but to file a claim against them. Be sure to mention you intend to file this claim as not only a breach of contract claim, but also as a failure to reasonably settle, which will entitle you not only to actual damages, but an additional amount equal to multiple times your actual damages as punitive damages. This is typically all you need do, because insurance companies want to avoid punitive damages and the bad publicity that comes with failing to settle. Plus, they have the added incentive to avoid going to court because they are aware that jurors are biased against insurance companies because most everyone has had an experience similar to yours. If this is simply the cost of cleaning up, if you do have to file the suit, you should be able to file this in small claims court and thus would be able to do so without the need to engage a lawyer.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 2 years ago
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you this was absolutely your neighbor's responsibility, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Ask Your Own Real Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,790
55,790 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Neighbor in back is hanging lights on our fence. They did
Neighbor in back is hanging lights on our fence. They did not ask permission to do this and that neighbor told us that she has the right to hang anything on her side of our fence. Is this true?… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
San Francisco, CA. Neighbor's fence is falling apart, and
San Francisco, CA. Neighbor's fence is falling apart, and several branches of their tree are hanging over into my yard. What are my options to correct these two situations? Heard I can hire a contract… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Neighbors tree cracking my driveway and lifted the concrete
Neighbors tree cracking my driveway and lifted the concrete so rain now flows into my garage and floods it. Can I force them to remove the tree. Are they libel for the damage? Will their insurance lia… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A neighbor filed a complaint against be about easement
a neighbor filed a complaint against be about easement access with the homeowners assoc. in the complaint she proposes a bylaw against intimidation etc. she is implying that i threatened her. is that … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
My neighbor's insurance company is completely denying claim
My neighbor's insurance company is completely denying claim for the damage his sir conditioner has caused my carpet and storage room. I sent me neighbor axdensbd letter. He answers by me having to tal… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Not sure if this is criminal or civil. My neighbor just
Not sure if this is criminal or civil. My neighbor just installed a video camera pointed solely at my backyard from about 1' on his side of a wire fence. Need a lawyer in San Mateo, County, California… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We live in townhouses that were severely damaged by Harvey.
Hi, we live in townhouses that were severely damaged by Harvey. We own in fee simple and are responsible for our own units, walls, roofs, etc. The HOA has basically dissolved. Some of our neighbors ar… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Neighbor claims that our driveway is on her property back in
neighbor claims that our driveway is on her property back in the early to mid 1980's my father had the driveway paved and it appears to be as much as 13" on the neighbors property. she had a surveyor … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have a tree on my property that has damaged a neighbor's
I have a tree on my property that has damaged a neighbor's pipe. We've both gone through our homeowner's insurance (state farm) and filed claims to get things fixed. Both claims were denied - his was … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
Neighbor's tree fell on my garage - damage is moderate -
Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Neighbors water leak has caused damage to my property. how
neighbors water leak has caused damage to my property. how do I proceed … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I have an issue with a neighbor who damaged steps of mine
I have an issue with a neighbor who damaged steps of mine because she says they are hers. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
My neighbor damaged my property and they are renters. I
My neighbor damaged my property and they are renters. I don't have the renters names. So I can't file against them for damages. I called the owner and they won't give me their names. Can I sue the own… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Damage from a tree falling from neighbor's property (Hope I
Damage from a tree falling from neighbor's property (Hope I have classified this properly...) The state is Delaware. This is hypothetical, but describes a potential problem. Adjourning property to our… read more
Richard
Richard
Lawyer
55,790 satisfied customers
Am I liable for damages to my neighbor's foundation due to
Am I liable for damages to my neighbor's foundation due to tree roots from my tree which is just a little off of our propery line. He has wanted me to remove this tree for a few years and I had an arb… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My house suffered damage from a fire at my neighbors house,
my house suffered damage from a fire at my neighbors house, it was vacant at the time, and my insurance company tells me the neighbors insurance company has denied any and all claim because there was … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My rental property was damaged by a fire in a neighboring
My rental property was damaged by a fire in a neighboring building. I am facing a few thousand dollars in repairs that will be out of pocket because of my policy's deductible. When I address the neigh… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x