Legal Question in Real Estate Law in Virginia

fallen tree on neighbor's property


During the storms last week, a tree fell - this tree was ''caught'' by another tree. Meaning that, it is hanging onto another tree so it has hit the ground yet. When it does fall, it will land in my neighbor's yard. Who should pay for it's removal?

The tree is also parlty in my yard, but also in a city ''watershed'' area. Would the city have any responsibility for taking care of the tree?

It's my understanding that insurance works like this. If my neighbor's tree falls on my house, unfortunately my insurance has to pick up the tab. The same would be true for a tree that fell on my neighbor's property from my yard - his insurancce would be responsible.

Thanks in advance for you help

Asked on 6/28/06, 11:48 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: fallen tree on neighbor's property

If the tree's fall which you've described was foreseeable and not a so-called "Act of God" event, you then are likely liable and probably will have to pay for its removal.

Of course, if there's any way for you to have the municipal entity to pick up the tab, then, of course, go for it.

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Answered on 7/02/06, 1:12 am

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