Who is responsible for removing a heavy limb from my neighbor’s tree that settled atop my garden shed?

A heavy limb from my neighbor’s tree cracked on a calm night and is now being held up by the roof of my garden shed. There is no significant damage yet to the shed, but when the limb breaks free completely, its weight will surely cause severe damage to the roof. Is it my neighbor’s responsibility to have the limb removed before it can cause damage?

Asked on June 24, 2012 under Real Estate Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

Yes. it is the neighbor's responsibility to remove or pay for the removal of the tree limb. However, it is your duty to mitigate or lessen your damages. If your neighbor will not cooperate, you should pay the costs of removing the tree limb before it breaks the shed's roof. In your local District Court, you can then file a lawsuit for the reimbursement of the costs to remove the tree limb. Before the tree limb is removed, make sure you get 5 to 10 photograghs  of the tree and tree limb.Good luck.

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