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--
2 Answers from Attorneys
Re: tree limb falling into neighbor's yard
Yes.
Your homeowner's insurance should cover.
JOEL SELIK
Attorney at Law
800-894-2889
760-479-1515
702-243-1930
Licensed to Practice Law in California and Nevada Only
CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS
Personal Injury, Contracts, Tax Matters, Business,
Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice
Real Estate, and Other Legal Matters
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
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.