Legal Question in Civil Litigation in California

It is your neighbor's responsibility to clean up the fallen tree and to compensate you for your damages. These damages include, but are not limited to, the cost of cleaning up and the value of the loss of use of your property, while the tree was in your corral.

Often, the best solution for this type of problem is to ask the neighbor to have the problem cleaned up within a reasonable time to avoid disputes. If the neighbor fails or refuses to do so, you may be able to simply take care of the problem, yourself, and sue your neighbor in Small Claims Court.

I'm assuming that the tree was entirely on your neighbor's property, before it fell, which is why you call it the neighbor's tree. If that is true, then I agree with Mr. Saltzman. If the tree was on the property line, it belonged to both of you and both of you have the responsibility.

Have you asked him to repair it? If you think he may give you resistance, have me write a polite letter.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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I suggest just talking to him before you take any kind of legal action. You should also ask for his insurance information and that he present a claim against his insurance.

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