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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.