Legal Question in Real Estate Law in Connecticut

Tree fall on neighbors property

I have a rotting tree on my property that I have wanted to remove, but I am told by Conservation that I cannot. During a recent wind storm, a good portion of this tree fell into my neighbor's yard. My neighbor insists that it is my responsibility to have it removed. Who is responsible for the cost of the clean-up?


Asked on 10/02/02, 6:24 pm

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: Tree fall on neighbors property

Having it fall during a wind storm makes it look like an act of God, in which case the neighbor should submit a claim to his insurance carrier. There could be a claim that since you were aware that the tree was rotted, you had a duty to remove. However, if some local authority forbad you to do so, my guess is that you're off the hook. Do you have the refusal in writing? Your own ins carrier might also pay a claim.

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Answered on 10/03/02, 8:59 am


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