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Two years ago a contiguous neighbor's three large trees were…

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Two years ago a contiguous...
Two years ago a contiguous neighbor's three large trees were struck by lightning. Two fell on my driveway and one, severely damaged remained standing. It is my understanding that the fallen trees were my property and it was my responsibility to have them professionally removed. The neighbor was in no way responsible. Is this correct? The neighbor did little to clean up the mess on his property. Yesterday another severe electrical storm felled another live tree on the neighbor's property, it fell on my property and I expect to pay for the clean up. The still standing, very big, damaged tree is dead and sooner or later will fall on my property. Is there any way I can protect myself and shift the responsibility for the pending clean up to the neighbor. Our properties are on Paddock Lane, Chadds Ford PA 19317
Submitted: 3 years ago.Category: Real Estate Law
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6/25/2015
Real Estate Lawyer: Lucy, Esq., Lawyer replied 3 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
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Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You're right that your neighbor was not responsible for the FIRST trees falling, because a storm is an act of God, and they could no more have prepared for and avoided the trees falling than stopped the storm entirely.
However, the neighbor DOES have an obligation to remove damaged or dead trees that provide a known danger to the neighbor's property. He couldn't have prevented the tree from getting hit, but he absolutely has an obligation to stop it from falling on your property now. If it falls, your neighbor will be responsible.
One option is to send a demand letter, via certified mail, giving formal notice that the tree is damaged and going to fall and letting the neighbor know that they must remove it or they will be negligent and held liable when the tree eventually falls. If you do that, it may help to include pictures of the tree if it's obvious that it's dead.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
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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).

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