Legal Question in Real Estate Law in Virginia
Downfall tree
One of my tree's root damaged the neighbor's fence. He didn't notified me but I take his word for it. He hired some people to fix the fence, but at the same time they cut couple of big roots of a 70' tall poplar tree. Quite naturally the first wind knocked it out. The cuts were made right on the property line.
My question is, do I have any right?
1 Answer from Attorneys
Re: Downfall tree
In fixing the fence, the people who did the fixing were required to use reasonable care to ensure that your tree was not damaged during the process of the repair. Whether such was actually exercised during the fence repairing which apparently resulted in damage to your tree would be a question of fact. And, therefore, it would appear that you may well have a viable cause of action for your tree damages against both the neighbor who hired the fence fixing crew as well as the company which employed them.
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