Can an adjoining property force me to cut a tree on my property because it may fall onto there structure?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an adjoining property force me to cut a tree on my property because it may fall onto there structure?

A large tree on a hillside hangs over an apartment building. The
buildings lawyers have sent me a letter stating that I must cut down
the tree so it doesn’t fall onto their building and thus causing
damage. About 3 months ago a branch of the tree fell so now they are
saying the tree is a danger.

Asked on August 27, 2016 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they can't force you to cut the tree down. BUT if they have put you on notice of the danger--i.e. that tree is situated so that it could fall on the buiiding--and if you fail to cut it down or take some other reasonable action to ameliorate the risk, then if it does fall and damages property or harms a person, you can be held liable for the damage  or injuries it causes. That is because it is negligent, or unreasonably careless, to not take action when warned of a risk. So they can't force you to cut the tree down, but they can hold you accountable for what happens if it or its branches fall.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption