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I am looking to understand homeowner responsibility for tree…

Customer Question
Hello I am looking...

Hello I am looking to understand homeowner responsibility for tree damage to a neighbors yard My son's neighbors tree fell into their back yard

Lawyer's Assistant: Where is the property located?

In North Syracuse, NY

Lawyer's Assistant: Has any paperwork been filed?

He called his homeowners and started a claim they said their neighbor should also file a claim

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

They are in process of getting quotes on the Fence and shed damage and tree removal cost

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/6/2017
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,953
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
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Real Estate Lawyer: Loren, Lawyer replied 8 months ago
As a general rule, trees falling are considered Acts of God and no liability would attach to the owner of the tree unless the knew or should have known that the tree was diseased or otherwise in danger of falling. That is the standard for establishing negligence and what is needed to establish liability.
So, if there is no negligence to be found, each party would be responsible for their own damage and make their own insurance claims if coverage is available.Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Real Estate Lawyer: Loren, Lawyer replied 8 months ago

Did you have further questions? Please let me know if I have answered your question.

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Real Estate Lawyer: Loren, Lawyer replied 8 months ago

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Loren
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Category: Real Estate Law
Satisfied Customers: 37,953
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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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