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?
2 Answers from Attorneys
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.
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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