Legal Question in Civil Litigation in Louisiana

Tree in neighbor's yard crushed shared fence

Recently, a tree in my neighbor's yard was blown down by high winds and crushed a fence separating our properties. They own the fence, but we use it as well and are willing to pay for repairs. Can we legally make them pay for a portion of the cost?

Asked on 3/20/08, 10:07 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Tree in neighbor's yard crushed shared fence

One problem you may face is the fact the fence is probably entirely on your neighbor's property. Easiest thing to do is talk to your neighbor.

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Answered on 3/21/08, 12:49 pm
Johm Smith tom's

Re: Tree in neighbor's yard crushed shared fence

I don't believe the Civil Code addresses this because you wouldn't normally have a right to force your neighbor to repair an improvement on their property. But you may be able to use a municipal ordinance or community obligation, if you can find one relating to fences, for example.

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Answered on 3/20/08, 11:46 pm

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