Can my neighbor throw yard debris onto my property.

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Can my neighbor throw yard debris onto my property.

My large pecan treewhich appears
to be dying is located on my
property within 15′ of the property
line with my neighbor. I am not
allowed on his property, as he is
not allowed on mine. Branches/limbs
occasionally fall from my tree onto
his property, and he cuts them up
and throws them over the fence onto
my property. Is this legal? Also
his fence separating our properties
my be at risk of damage from
falling limbs. Am I in legal
jeoperty from a law suit if this
happensregarding damage to fence,
etc. I do not have any home owners
insurance at this time. Thank you
for your time.

Asked on June 29, 2018 under Real Estate Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Yes, he can throw your yard debris back into your yard. If limbs, etc. from your tree fall into your yard, he throw them back over the fence, the same way he could throw your garbage back into your yard if the wind knocked over your garbage can and blew your trash into his yard. He does not have to accept trash from your property.
2) If you are "at fault" in a limb damaging his fence, you could be held liable. You would be at fault if the tree generally or the limb specifically was sick, damaged, leaning or breaking, etc. and despite seeing that there was a higher-than-normal threat or risk, refused to take reasonable steps (e.g. pruning the tree) to alleviate the risk. That failure to respond to a visible or obvious threat is careless and can make you liable.
On the other hand, if there was no reason to perceive a particular threat, and it was just that heavy rain or snow or wind took down a limb, then you did nothing wrong, and are not responsible for any resulting damage.


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