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Neighbor's tree fell on my garage - damage is moderate -

Neighbor's tree fell on...

Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or tenant of neighbor with tree may have - what recourse or options do I have?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has any paperwork been filed?

No not yet - actually I am the tenant of the landlord whose garage was hit...I am making inquiries on her behalf while she is getting damage estimates and talking with the neighbor - the neighbor happens to be a property management company

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The tree should have been taken down a long time ago - it fell in also in a driveway area and parking area behind and next to the garage...thank God no one was hurt or killed...it could have been much worse what with vehicle and foot traffic through there.. also three cars (not ours) were damaged

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Answered in 5 minutes by:
9/5/2017
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,320
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

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Customer reply replied 7 months ago
What recourse do I have?

The neighbor is responsible for the damage caused by their tree. It does not make any difference that you did not advise them in advance that this could be an issue. Are the neighbors aware of the situation?

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The neighbor either pays for the damages or the neighbor can be sued for the damages.

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Customer reply replied 7 months ago
They are aware the tree fell - I can't answer if they were aware the tree was dead and a potential danger - they are a property management company

I see. Thank you for the clarification. They are responsible. Have you sent them a certified mail letter return receipt requested seeking payment for the damages?

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Customer reply replied 7 months ago
Can you add anything else or any other advice?
Customer reply replied 7 months ago
No not yet...my landlord was getting estimates on the damage first...wouldn't it be better to have a lawyer send the letter? Wouldn't that add more "weight" behind it?
Customer reply replied 7 months ago
Are you still online to answer the current question?

The initial letter is needed for proof if this matter goes to court. That being said, if you prefer having an attorney draft a letter that will certainly get their attention.

Where did this occur so I can provide a link for local Attorneys that provide FREE consultations in your area?

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Customer reply replied 7 months ago
Thanks. ***** 91030.

This should be covered under the neighbor's insurance policy. One moment please.

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Customer reply replied 7 months ago
Please provide the link. Thanks.
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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,320
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
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Customer reply replied 7 months ago
Thank you so much for your assistance. Is there anything else before I sign-off?

Thank you.

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Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,320
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Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

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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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