Legal Question in Real Estate Law in Virginia

Recourse availabe from Property Damage from falling trees.

My neighbor's large tree fell on to my property, destroying two of my dogwoods, which are part of an array of other dogwoods of similar size. They will need to be replaced. What are my neighbor's responsibilities to me? Another tree is about to fall and may damage vehicles parked in my driveway, what happens in that case? May I cut any overhanging limbs that are over my property line?

Thank you.


Asked on 6/04/05, 3:22 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Recourse availabe from Property Damage from falling trees.

Yes, you may trim back limbs of trees which overhang your property as long as you do so in a manner which doesn't damage the trees. If you damage the tree with your trimming, you're liable for the damage, which is why many people rely on professionals for this type job.

A tree which falls on the property of another where the fall was foreseeable is normally the responsibility of the owner of the tree who is

liable for any damage caused by the fallen tree.

Perhaps, it's time for you to have a neighborly chat regarding these matters with the one next door.

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Answered on 6/04/05, 6:24 am


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