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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102601
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My neighbor tree fell in my yard, also damage my patio roof,

Customer Question

My neighbor tree fell in my yard, also damage my patio roof, my neighbor says I should file with my Ins co. I think she should pay for damage, damage should be under 700.00 . Can I pay for my damages then take her to small claims court.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Provided that the tree did not fall due to an Act of God (such as a hurricane) - but even if it did the neighbor can be liable if she did not properly tie down the tree prior to the event - then the neighbor is liable. It is a very clear cut case - if the neighbor's tree damages one's property, then one can pursue the neighbor for the damage in such situations.

The suit may be brought before or after fixing the damage one's self. If brought before, estimates can be used to argue what amount should be granted in judgment. If brought after, actual bills can be used as proof of the damage amount in asking for judgment.

NOTE that the Plaintiff (i.e. you) is expected to mitigate damages. This means that if you have a way to minimize the financial damage (such as using one's insurance to partially cover the costs), this is expected.

I hope this helps and clarifies. Please use the You SEND or REPLY button to keep chatting, or please RATE when finished. may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.