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

UPDATED: Sep 14, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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