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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
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: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year 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:

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).

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