If a dead tree fell on top of my roof, since the tree is on my neighbor’s property are they liable for the damages on my roof?

I need to pay $1,400 for repairs.

Asked on May 30, 2018 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes they are. If your neighbor's tree causes damage to your property due to its being dead or dying, and they did not nothing to prevent its falling on your property, that constitutes negligence. Accordingly, your neighbor is obligated to cover the damages. If they refuse to pay, you can sue them and take them to court or you can file a claim on your homeowner's insurance policy.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes they are. If your neighbor's tree causes damage to your property due to its being dead or dying, and they did not nothing to prevent its falling on your property, that constitutes negligence. Accordingly, your neighbor is obligated to cover the damages. If they refuse to pay, you can sue them and take them to court or you can file a claim on your homeowner's insurance policy.  


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