Legal Question in Real Estate Law in Missouri

If our tree falls during a storm and is partially in the neighbors yard, who is responsible for removal on their side. There is no damage as I have taken pictures.


Asked on 6/27/11, 7:53 am

1 Answer from Attorneys

Anthony Smith LawSmith

This can get technical and confusing. For that reasopn, most neighbors come to some agreemetnt. If you cannot, then the general rule is that each homeowner is responsbile for removing that portion which was on or over their land prior to the storm. There are exceptions that come up at trial. But, if the trunk was on your land, you are responsbile for removing the trunk and branches that were on or over your land prior to the fall. The branches that were hanging over your neighbor's yard previously, are the responsiblility of that landowner to remove. (they had the right to cut it iff prior to the storm) These harsh rules do not make for good neighbor relations. You might choose to remove it all, to keep good relations.

Good luck

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Answered on 6/27/11, 10:52 am


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