Legal Question in Real Estate Law in Missouri
liability question...
A neighbor woman of my 75 yr old mother's has been calling me on my cell phone to insist that my mother remove a tree from my mother's yard because the woman says it drops leaves and limbs in her pool and has damaged her pool lining and siding on her home more than once when storms blew limbs into her yard/home. My mother has lived in this home for 35 yrs; The tree is completely in my mother's yard. Can she be held liable? If so, how can this woman prove this is from my mother's tree?
1 Answer from Attorneys
Re: liability question...
Normally, your Mother would not be liable. Damage caused by limbs falling after a violent storm would not be covered by your Mother's home-owner's insurance under the theory that the storm was an "act of God". Your Mother's neighbor has the right to trim back any branches from the tree that overhang the neighbor's property if that would help. Of course, if the tree has a lot of dead limbs, your Mother might havve a legal duty to have it trimmed so as to protect against the possibility of anyone getting injured or property being damaged. If I were your Mother, I would try to communicate with the neighbor. If the neighbor wants to pay for a tree trimmer to trim the tree under the direction and control of your Mother, of course, this might be a workable solution. Good luck.
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