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I am looking to understand homeowner responsibility for tree

Customer Question
Hello I am looking to...
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
JA: Where is the property located?
Customer: in North Syracuse, NY
JA: Has any paperwork been filed?
Customer: he called his homeowners and started a claim they said their neighbor should also file a claim
JA: Anything else you want the lawyer to know before I connect you?
Customer: they are in process of getting quotes on the Fence and shed damage and tree removal cost
Submitted: 2 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/6/2017
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34,982
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 2 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 2 months ago

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

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Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34,982
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Experience: 30 years of real estate practice experience.

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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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