Legal Question in Real Estate Law in Louisiana

I reside in Louisiana. Last weekend a neighbor left home while burning stumps in his yard. The pastures caught fire and burnt toward my house. The Forestry Service, local fire volunteer fire department, and us with a water hose were able to save our house. The fire ignited a huge pine tree on the property adjacent to mine and owned by my nephew. The volunteer fire department contacted us this morning trying to find who owned the property because they can't put the fire out inside the tree and just wanted to let someone know that "that tree is coming down sooner or later". I've called my nephew and told him of the situation. My questions are: does the neighbor bear any responsibility for the cost of having a pro come in and attempt to get the tree down safely? Will my nephew be the one held responsible if the tree comes down on the neighbor's yard across the street or across the road since it is very close to the highway and quite a tall tree?


Asked on 4/13/10, 7:16 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

The neighbor is responsible to have the tree removed by an expert. Your son could be held liable by any third party who is injured or damaged in their property if the tree falls, since he now has notice that the tree is unsafe. Your son needs to have the tree removed by a bonded professional immediately and have the neighbor pay for it. If he tries to refuse, remind him that you could also sue for the value of the lost tree (and possibly other damages) if you are forced to sue him. You're letting him off easy by just demanding that he pay for the tree.

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Answered on 4/19/10, 8:36 pm


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