If you pay to have a tree removed from someone elses property do you have any rights to reimbursement?

UPDATED: Oct 1, 2022

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If you pay to have a tree removed from someone elses property do you have any rights to reimbursement?

A large ailing tree was a danger to multiple homes/property and needed removed. All parties believed it to be on Homeowner A’s property and Homeowner A paid for the removal. About 2 years later, it was discovered all were mistaken and it was on Property Owner B’s land. Property Owner B had no knowledge of the event or tree and was not involed in the process at all. Does Homeowner A have any recouse or did they just unwittingly gift/donate the funds for removal?

Asked on April 5, 2019 under Real Estate Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, Homeowner A did unwittingly gift or donate the funds for removal. As you write, B was not aware of the event or tree; not being aware, B did not, by definition, consent or agree to the project or to cost thereof; you cannot make someone else liable or responsible to pay for  work without their consent or agreement.

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