Legal Question in Real Estate Law in Pennsylvania

Re: Fallen Tree

You asked about your responsibility to have a tree removed which fell on your neighbor's property.

You are correct that you are responsible for the damage to your neighbors property from the tree that fell. The extent to which you are responsible though would be determined by the condition of the tree on your property which fell first. An old and rotted tree would cause you to have greater liability than a tree in good condition which was taken down by a storm or generic too wet conditions.

As to removal, you need to remove the tree that fell and may be responsible for the tree that was also taken down on his property. If it were a building that was damaged then you would have to restore the building to its same state as just before the damage. As a tree is often just a natural part you may not need to restore to its original state. Personally, and this isn't a reasoned legal opinion, I would figure if I'm paying for the cutting then I am keeping the wood.

At best you may need to offer a replacement tree. But the type of replacement would be limited depending on the circumstance.

Regards,

Roger Traversa

email: [email protected]