What are my responsibilities regarding a healthy tree that fell in a storm and partially landed on my neighbor’s property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my responsibilities regarding a healthy tree that fell in a storm and partially landed on my neighbor’s property?

A healthy tree with no sign of disease was blown down in a major storm “act of God”, and part of it landed on my neighbor’s property but caused no damage. Am I responsible for hiring a contractor to remove the part of the tree on my neighbor’s property? If so, am I assuming any risk if the contractor does damage to the property, and am I trespassing without written consent from the neighbor?

Asked on September 14, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a tree that was on your property toppled over and landed on your neighbor's piece, you should speak with your neighbor about its clean up where you will hire someone to remove it totally from your and your neighbor's property entirely at your cost.

This should appease your neighbor since it will cost him or her nothing to have the debris removed. You just need to get the neighbor's permission to remove the tree that is on his or her property. It is best that you receive such permission in writing to avoid any future misunderstandings.

Make sure that the person who is hired to do the clean up has adequate insurance for the work to be done.

Good question.


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