What to do if 9 months ago my neighbor’s tree fell on the roof of my shed and caved it in but he has yet to dompletelt fix things although he said that he would?

The shed had to be removed this weekend because it was falling inward and becoming a hazard. He called a tree service. Then he sent them to my house for the cost of service. After I left for work, the neighbor had the tree service cut down 2 tree’s and trim everything else, except the dead tree hanging over my property where my new shed should be. What can I do?

Asked on May 30, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have not already made a claim with respect to your homeowner's insurance carrier concerning the damage to your shed due to your neighbor's tree, you should do so.

Unfortunately, under the laws of all states in this country, your neighbor would not be liable to you for the damage to your shed caused by his or her tree unless the neighbor was on actual notice that the tree posed a danagerous condition to you and your property before it fell.

As to getting the dead tree removed, I would speak face to face with your neighbor about your request.


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