Legal Question in Real Estate Law in Louisiana

Re: tree falling

Dear Friend,

This is the type of question that there is no easy answer to. First of all, the LOUISIANA CIVIL CODE says that your neighbor can make any work upon his land that will deprive you of the pleasure of enjoying your own. As best I recall after many years, that's around Article 507. However, if a tornado or hurricane put the tree upon your land, this may very-well be comsidered and "Act of God"; and no one is to be held liable for an Act of God. Really, you don't give enough information for a lawyer to give you a good and emphatic answer...a definitive answer...but, based on what you say here, your neighbor is liable for your damages. Nevertheless, even a good lawyer would want to know the entire facts involving your case and would want to take a fresh look at the most revised issue of the LOUISIANA CIVIL CODE, as well as to the Civil Code Ancillaries; and, for sure, at the state of the Louisiana case law pertaining to such situations. Some still say we are a Civil Law state, but really we operate under the statutory law and the "Common Law of Louisiana," which is based at least in part on the Anglo-American Common Law. There is more to it all than this, but this is something to consider. Thanks for asking! Good luck!

Sincerely,

Hardy Parkerson, Attorney at Law

Lake Charles, LA

[email protected]