Who is responsible if my neighbor’s dead tree caused damage to my property?

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Who is responsible if my neighbor’s dead tree caused damage to my property?

My neighbor has a dead tree on his property that recently caused damage to my roof. He is aware the tree is dead and shows no concern and feel that it is not his or his insurance responsibility. Is he or his insurance responsible for the damages?

Asked on August 26, 2011 Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 10 years ago | Contributor

In my opinon, your neighbor is responsible, especially if he had knowledge. Google for a real estate attorney in your area or select Attorney Richard Weaver.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your property was damaged by a dead tree from your neighbor's property and if you have insurance coverage, you should make a claim with your carrier about what happened and let the adjuster take it from there.

Generally, if someone damages another person's property, he or she is responsible for the repairs. However, the law is somewhat different when a tree from a neighboring property causes problems to another owner's property.

In such a situation, unless the property owner who has the tree on his or her property knew of a dangerous condition beforehand as to the tree, was requested to remove the dangerous condition and did nothing about it, establishing liability for the resulting damages will be difficult by the other damaged property owner.

 


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