Is golf course responsible for fence repair and tree removal?

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Is golf course responsible for fence repair and tree removal?

Storm caused dead or dying tree to fall on our fence causing damage. If tree was dying, who is responsible for fence repair?

Asked on August 10, 2011 Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

On whose property was the tree on that fell on the fence?

If the tree that fell on a fence was on one person's property, and the fence that was damaged was the dividing line between your property and the tree owner's property, then the person who had the tree on his or her property that damaged the fence should be responsible for the fence's repair.

If the tree was on a golf course that eventually died and fell onto the fence you describe, then the golf cousre should be responsible for the fence's repair on an additional theory that since it was doing a commercial business, it had a duty to make sure that the vegatation was taken care of and was in a safe condtion for its customers.

Since the tree was dying or was dead, the groundskeepers should have noticed this and taken it down before it became unstable.

 


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