Legal Question in Real Estate Law in Pennsylvania
Questionable Responsibility for Tree Removal
A tree rests on the corner post of three residential properties. It is a very large maple tree, roughly 3 feet in diameter at the trunk's base, 70 feet tall, and has a radius of roughly 50 feet. The tree was obviously planted many years ago, and directly on the juncture of all three properties. The ''footprint'' of the trunk's base is on all three properties, roughly equally. It is now hanging over three houses, and each of the three houses are in danger of damage should the tree fall in one of it's respective directions. It is not clear who planted the tree. The owners of the three properties/houses have changed since the tree was planted. Who is responsible for the tree, and it's removal? Who would be liabilities if it were to fall and cause personal harm and/or property damage?
2 Answers from Attorneys
Re: Questionable Responsibility for Tree Removal
If the tree fell and caused damage then if it is as you describe all three property owners might be liable. I would meet with your neighbors and attempt to come to an agreement where all three pay for removal.
Re: Questionable Responsibility for Tree Removal
Depends upon whether anyone will hear it fall....But really, you have two options, keep the tree healthy, or negiotiate some sort of agreement with your neighbors for its removal or trimming...of course if one party opposes the tree removal or trimming, you will end up with some hostile neighbors and a much more convoluted situation. Sit down with your neighbors and work this out, just don't get to worked out if no one wishes to act.
My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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