Legal Question in Civil Litigation in Virginia
Personal property damage
I am having an issue with my next door neighbor. The acorn tree on their property leans over the fence that separates our property and right over my vehicles. This is causing damage to my vehicles. When the acorns drop they are putting small dents in my vehicles. Is it their responsibility to take care of this problem because the tree belongs to them? Also can I be recompensated for the damage to my vehicles?
2 Answers from Attorneys
Re: Personal property damage
From small acorns do mighty lawsuits grow. Depending on the overall quality of your relations with your neighbor, maybe you can persuade him or her to trim the offending oak. A letter from an attorney might aid in the persuadin'. In the meantime, you must mitigate your damages, to the extent it is possible, by not parking your cars in places where they will acquire nut ruts.
Re: Personal property damage
The damage you're referring to from the falling nuts is foreseeable and therefore your neighbor could well be liable.
You should send him/her a certified letter(return receipt requested)putting your neighbor on notice of the problem and that if she/he fails to remedy it you will have no alternative but to file your suit for damages in small claims court.
Then, put a copy of the letter(along with the green signature receipt card) in some safe place in case you may have to show it to a judge at some future time.
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