Legal Question in Real Estate Law in Missouri
My neighbors tree fell into my yard after a storm. No damage but the tree is huge and will be a major removal project. Neither my nor her insurance will pay for removal. Is my neighbor responsible for the removal cost of the tree?
1 Answer from Attorneys
Yes. When a landowner's property causes damage to an adjoining landowner's property, the adjoining landowner has a claim for trespass against the first landowner. The liability is the same as if the neighbor's dog had crossed into a neighbor's yard and killed a cat, or if a neighbor had a storage tank that leaked gas or oil onto his neighbor's property. Hopefully you can resolve this matter in a neighborly fashion without litigation. Feel free to share these comments with your neighbor if it will help resolve this matter.
Sean Santoro/Licensed in KS and MO