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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41003
Experience:  Texas Attorney for 30 years dealing in real estate
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I have a vacant lot in City County VA. My neighbor recently

Customer Question

I have a vacant lot in James City County VA. My neighbor recently contacted me complained that a couple of trees were leaning dangerously over the boundary of their property and needed to be cut down. I had a certified arborist inspect the trees. He found them to be healthy and posing no imminent danger of harm to their property. I notified them of this fact. They then said they would be sending me and their homeowners insurance a legal document stating that I am ultimately responsible for the damage caused by these trees. I thought I had done what was necessary under VA law. Was I wrong?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 10 months ago.

I agree with what you have done here.The inspection would limit your liability in the event of a storm or act of god in this situation.If the Arborist had deemed them unsafe then you would have removed them.In this situation your neighbor is bluffing no home owners policy would tell you otherwise.I would very much disagree that you are assuming the risk for these tress when they have been certified healthy. You may want the Arborist to look at them every year or so to make sure they are still ok.

Expert:  Ray replied 10 months ago.

Here it comes down to whether it poses a risk of actual harm or risk of imminent danger.This does not appear to be the case here based on your Arborist.

Lead Case here in Virginia..

I would take pics of the tree periodically and keep the report handy in case there are problems.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 10 months ago.

If you can positive rate it is much appreciated.Have a great labor day.