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Tree in my yard fell over large branch split fell into

Customer Question
Tree in my yard...

Tree in my yard fell over large branch split fell into neighbors who is legally liable for clean up in my neighbors yard

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the property located?

Back yard cherry hill , n.j.

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

This limb broke apart due to high winds from nore easter neighbor wants me to pay for clean up.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/14/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,301
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. Was the branch that fell off hanging over your neighbor's property prior to the storm?

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Customer reply replied 1 month ago
no
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

That is an act of God and not your responsibility under the law.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

"Following are some things to keep in mind regarding trees and neighbor disputes:

  • Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage.
  • If the damage was solely the result of a thunderstorm or act of God, the tree owner will not be responsible, as the damage could not have been foreseen.
  • If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, the owner may well be responsible for resulting damage when a storm causes the limb to fall.
  • If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible.
  • If a tree owner allows the tree to grow so that it uproots a fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree.
  • A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement.
  • Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.
  • Property owners in every state have the right to cut off branches and roots that stray into their property. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial.
  • A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed..." http://realestate.findlaw.com/neighbors/neighbor-disputes-trees.html
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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

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.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Do you have any additional questions for me? Are you online with me?

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Category: Real Estate Law
Satisfied Customers: 8,301
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Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

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