Legal Question in Real Estate Law in Missouri

My neighbors tree fell into my yard after a storm. No damage but the tree is huge and will be a major removal project. Neither my nor her insurance will pay for removal. Is my neighbor responsible for the removal cost of the tree?


Asked on 7/21/11, 4:25 pm

1 Answer from Attorneys

Sean Santoro Santoro Law Office

Yes. When a landowner's property causes damage to an adjoining landowner's property, the adjoining landowner has a claim for trespass against the first landowner. The liability is the same as if the neighbor's dog had crossed into a neighbor's yard and killed a cat, or if a neighbor had a storage tank that leaked gas or oil onto his neighbor's property. Hopefully you can resolve this matter in a neighborly fashion without litigation. Feel free to share these comments with your neighbor if it will help resolve this matter.

Sean Santoro/Licensed in KS and MO

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Answered on 7/22/11, 7:47 am


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