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My neighbor had a large healthy oak tree that fell on my property. My
understanding is that I’m responsible for the damage it did to my fence/personal
property. My question is, am I also responsible for the disposal of his tree or can it
be moved back to his property?
Asked on January 24, 2017 under Real Estate Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The neighbor would be responsible if he or she was negligent, or unreasonably careless, in some way, such as by ignoring obvious signs of sickness, damage, weakness, ill health, etc. in the tree. If a reasonable person would have realized that this tree posed a threat and taken steps to prevent that threat (e.g. trimmed or cut it down), then the neighbor could be liable for the costs or consequences flowing out of his failure to do so. But if there was no reason to perceive a threat, the neighbor did nothing wrong and would not be liable; you would have to bear your own costs or losses.
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