Legal Question in Real Estate Law in Virginia

A large portion of an already rottening neighbors tree fell across the street onto my moms property severing the electrical wires connecting out to the main street pole. The tree fell from rental property.The rentee stated she had previously reported the leaning/old/rotten tree to the landlord. All of her complaints were ignored. After a couple days of recent off and on rain,it fell. The incident happened around 6pm in the evening. Around 2:45am the power company supervisor knocked on my moms door to let her know that power was restored to the neighborhood, except her home. He stated, the wiring on the side of house had been severed and they dont replace those particular wires. They had to be repaired by an electrician, before power would be restored. My sister hired an electrician, who has completed the work. My mom doesnt have homeowners insurance. Is the property owner from where the tree fell, responsible for some or all of those repairs, since his tree caused this matter. She also had to throw everything out of her refrigerator because of a lack of electicity for a few days. This happened about three weeks ago and the landlord has yet to remove the remaining portion of the rotten tree. Thanks for your help!

Asked on 3/30/11, 1:14 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, if the fall of this particular tree was foreseeable, its owner could

be liable for the damages caused thereby.

Answered on 3/30/11, 7:16 am

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