Legal Question in Real Estate Law in Pennsylvania

Re: tree branches

I think if you ask five different attorneys about tree branches and neighbors, you'll probably get five different answers. There may be some duty on your part to remove dead or decaying limbs that may become a hazard to your neighbors or to the public but if lightning or a windstorm hit the branch and it was an otherwise healthy branch, I don't think you would be liable. However, these cases do not often go to court. If it is costly to remove the branch, simply call your homeowner's insurance company and have your neighbor call theirs and let them decide.

Re: tree branches

Sounds like the branch is pretty substantial.

Forget the law why not offer to remove it? Assuming they'll give you access. From the sounds of it it looks like you're looking for a legal out from doing the right thing. Besides an argument could be made that there are damages. Through no fault of their own your neighbors have a large branch of your tree to contend with. Just cause nothing on the ground got broken doesn't mean there aren't damages. It might of missed the car but it could be blocking the drive way.

So the law could support the position that its you responsibility. Assuming that would be less than $8000 to remove the branch the case would be before a DJ. Many DJ's in the Commonwealth aren't lawyers and might do what sounds fair which is at a minimum get the branch off the neighbor's property.

Give me one good reason you should not remove that branch.

{John}