Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

A large tree on condo common property fell through my

Customer Question
A large tree on...

A large tree on condo common property fell through my bedroom window. Who pays for my window and rain damage

Lawyer's Assistant: Where is the property located?

SArasota florida

Lawyer's Assistant: Has any paperwork been filed?

No, but I have replaced the window

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

The tree(s) are large pines and regularly lose branchs

Submitted: 10 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/29/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

The answer to your question is that it's going to be the HOA that has to pay. The reason is because the HOA is responsible for all of the common areas in the subdivision. If something from there subdivision causes damage to your property, then they are going to be generally responsible for paying for the charges. It is probable that the HOA has Insurance to help cover situations like this. However, if they fight you on this you couldn't say that you will sue them for negligence and include their insurance company as well. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,259
14,259 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My neighbors tree has over grown into our property. Pine
My neighbors tree has over grown into our property. Pine needles clog my rain gutters. The water backs up and runs down the side of my house. Now my newly painted siding has deteriorated to the point … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Georgia by laws on tree branches overhanging on neighbors
Georgia by laws on tree branches overhanging on neighbors property. Neighbor concerned that they are pine trees and is afraid that during storm that they may fall on her house located near her bedroom… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I am senior living in condo full time since last year. I
I am senior living in condo full time since last year . I feel unsafe because I have five pine trees behind my backyard , very tall and two of trees tops fell off during storm / heavy winds. I called … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
WE HAVE 2 LARGE PINE TREES CAUSING US GREEF NOW YEARS
WE HAVE 2 LARGE PINE TREES CAUSING US GREEF NOW FOR 6 YEARS THE NEIGHBOR / OWNER SAID WE CAN NOT CUT ANYTHING OFF HIS TREES I OFFERED TO PAY HALF IF HE WOULD CUT THE ONE IN THE BACK THE TREE SITS 2-3 … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,986 satisfied customers
My neighbors dead-large tree branch fell... My neighbors
My neighbors dead-large tree branch fell... My neighbors dead-large tree branch fell in my yard and damaged my fence (slightly) during a recent storm. The property owner has a renter living at the pro… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My neighbor has a dead pine tree on his side of the property
My neighbor has a dead pine tree on his side of the property line. Unfortunately my phone line (+ internet access) runs through the upper branches. If he attempts to cut down the tree or if a dead bra… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
hello, we want to know what our next move should be regarding
hello, we want to know what our next move should be regarding our next door neighbors. they have a huge tree growing over the fence laying on our roof and window. the tree is buckling the block wall f… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
I own a home in Connecticut and it is my primary residence.
I own a home in Connecticut and it is my primary residence. My next door neighbor, a number of years ago, planted pine trees along the border between our properties and, to the best of my current know… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hi, Last year we had a cold weather season that killed
Hi, Last year we had a cold weather season that killed a very large pine tree on my side of the NW fenseline on my property. Here in El Paso we sometimes receive strong winds and I am concerned about … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I bought a condo in 2008 in Hawaii, towards the end of that
I bought a condo in 2008 in Hawaii, towards the end of that year is the rainy season. On Jan. l0, 09 it rain, the next morning my carpet was all wet. All my windows were closed from the night before b… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
We live in new york state. We have lived in our home now for
We live in new york state. We have lived in our home now for over twenty years. We have had nothing but problems with the neighbor. They have slandered our name all over town and is constantly going t… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
The pine tree in my back yard has several humongous limbs growing
The pine tree in my back yard has several humongous limbs growing out over three yards owned by others. One neighbor objects to a very large limb which has partially cracked off and is hanging down lo… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
My wife and I live in a condominium in Lakewood, Washington
My wife and I live in a condominium in Lakewood, Washington in a 2nd floor unit. We have a deck outside with three pine trees that provide privacy as well as a nice view of wildlife throughout the yea… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Our next-door neighbor abandoned her home two months ago. It
Our next-door neighbor abandoned her home two months ago. It is empty. The municipal government has kept the grass mowed and has posted paperwork on the front door advising her to appear in court. Rel… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
What are my rights in getting the condo association to cut
What are my rights in getting the condo association to cut down trees or in some way make the patio attached to my condo unit useable like all the other condo units in my development. There are about … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I live in Boca Raton ,Florida. My neighbour is a Nursing home
I live in Boca Raton ,Florida. My neighbour is a Nursing home which has large oak trees that project 10 to 15 feet over the property fence, and drop leaves, and create so much shade that my plants can… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I live in the city of Los Angeles and my question is about
I live in the city of Los Angeles and my question is about my neighbor's trees. My neighbor has several pine trees growing on their property that overhang the common fence. The over grown branches reg… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,653 satisfied customers
I live in Rockville, MD. As a result of recent snow storms,
I live in Rockville, MD. As a result of recent snow storms, several very large branches from our pine trees fell into our neighbor's backyard. Our insurance company told me that since I was not legall… read more
GoLaw
GoLaw
Doctoral Degree
751 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x