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I have a neighbor in E. Boston claiming I owe him $600 for…

Customer Question
I have a neighbor...

I have a neighbor in E. Boston claiming I owe him $600 for damages to his house caused by a limb from my tree in my backyard. His photos show the bro***** *****mb but it is not on the cable to his house. He said that when he brought the limb down, it hit his cable pulling part of his siding off. He never notified me that my tree was a hazard before this happened.In Boston I assume he is responsible since he never infORmed me that mey tree was a hazard. He threatens court action. Is it worth it to pursue legal action?

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

I just told him am not responsible.

Lawyer's Assistant: Have you talked to a MA lawyer about this?

No

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 8 minutes by:
3/26/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,425
Experience: Licensed to practice before state and federal court
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Hello I am an attorney here to help. Generally, there is no requirement that a neighbor must notify another that their tree is a potential hazard. Moreover, if a neighbor fails to properly maintain their property such that it causes harm to another's property, then there is a cause of action for negligence. Negligence occurs when a party's actions fell below that of a reasonable person.In your case, you won't have a cause of action against that neighbor because they don't have any liability here. It is possible that the neighbor could have a cause of action for negligence if a reasonable neighbor would have trimmed the tree. If this was accidental, then that could be your defense.
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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Accordingly, until you get a court order that says otherwise, you don't have to pay. But in the meantime, I think that you should call your uome insurance company to pay for the damages caused by the tree. If there is anything that is unreasonably related to your tree, you won't owe.Did you have any other questions for me today?
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Customer reply replied 1 month ago
While I have insurance for the interior of my condo, the land is not covered by the condo association homeowner's insurance.
I had no idea the tree was a hazard and when he brought the limb down, wasn't he responsible to make sure the limb did not damage his house? Shouldn't he have informed me before he took the limb down?
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
If you don't actually own the tree, then you're not responsible. If you are then you're responsible for the damages related to the tree. He didn't have a duty to inform you, but if he contributed to his own damage in taking the limb down, then his recovery would be limited to only the harm done by the tree before he took it down. Did you have any other questions for me today?
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