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Damage from a tree falling from neighbor's property (Hope I…

Customer Question
Damage from a tree falling...
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 lot has a very tall tree, that if it falls in our direction, could do significant damage.
Two years ago a smaller tree blew over in a wind storm and just reached our home, damaging our gutters.If the larger tree were to fall, I would expect more serious damage.Would the owner of the adjacent be liable for the damage done?
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 5 minutes by:
4/25/2017
Real Estate Lawyer: Richard, Lawyer replied 1 year ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,889
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 1 year ago

Good morning. It depends upon whether the owner of the tree knew or should have known the tree was previously damaged or diseased. If the answer to that is yes, then the owner of the tree (or his insurance company) is responsible for the removal of and any damages caused by the tree. If the answer to that is no, then it would be considered an Act of God, and the owner of the tree has no liability for damage and is not responsible for the removal from the neighbor's property. If the tree is damaged, diseased, or dead, it's a good idea to send the owner written notice by certified mail so that the owner can not later claim he was not aware of the fact. The letter then becomes your "smoking gun." :)

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Customer reply replied 1 year ago
The tree that fell was uprooted by the wind.
The problem tree has some minor dead limbs, but does not appear diseased to the untrained eye.
So if the next storm blows over the larger tree, it would be an "act of God"?
Real Estate Lawyer: Richard, Lawyer replied 1 year ago

Thanks for following up. I'm sorry for the delay...had a breakfast meeting. Thanks for your patience. Unfortunately....you might consider the option of getting the opinion of a tree expert on the tree to have some substantiation that the tree may be diseased or damaged in a manner that may not appear noticeable to you.

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