Legal Question in Real Estate Law in California

tree limb falling into neighbor's yard

one limb from a tree on my property broke off during heavy winds, and fell into my neighbor's yard, falling onto and breaking a patio table and chair.

1) legally, do i have to remove this limb?

2) legally, do i have to pay for the removal of this limb?

3) do i have to pay for the table and chair that were broken by the limb/branch?

thank you for your feedback,

--name removed--


Asked on 9/20/04, 5:29 am

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: tree limb falling into neighbor's yard

Yes.

Your homeowner's insurance should cover.

JOEL SELIK

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Answered on 9/20/04, 10:10 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: tree limb falling into neighbor's yard

You could be sued for negligence, trespass or both. While you may have defenses, the neighbor is likely to win. You don't have to remove the limb personally, but you should handle the arrangements for its removal and pay for it, as well as the other damage.

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Answered on 9/20/04, 11:41 am


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