Am I responsible for a tree that was accidentally planted on neighbor’s property 20 years ago?

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Am I responsible for a tree that was accidentally planted on neighbor’s property 20 years ago?

My neighbor had a land survey approximately 1 year ago and cut down the tree today. My neighbor replaced his septic system approximately 2 years ago and the outlet is near tree. Am I responsible for any damages the tree may have caused to his septic system? He knew the tree was there.

Asked on May 6, 2019 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you are not. The tree was obvious and known to your neighbor: therefore, if he chose to place the septic system or its outlet near a known "hazard" (something that could affect the system), he, not you, is responsible for any consequences. The law requires people to take responsibility for what they knowingly do.


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