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Could my neighbor be held liable due to negligence.
:confused: Could my neighbor be held liable due to negligence if we ask him to trim his tree significantly because this is a tree that has been growing out of control, the branches are very long and numerous to the point that this tree has been leaning over towards our townhouse as time goes by. We are afraid that, if this tree falls, it will bring down the side of our house which is our son’s bedroom wall. ( We live in Maryland) I understand that OUR insurance will cover this, however, I think I read elsewhere that it wouldn’t be our liability if this was a cause of negligence from our neighbor. I have brought this up to our Homeowners Association and if they cannot get anywhere with the neighbor, I will begin to keep record of our written requests to them to trim their tree down. They are parents and we are parents I hope they understand is not really a property issue, it’s a safety issue with us. Thanks:(
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First, you have the right to trim any parts of a tree that overhang your property. However, if your trimming results in damage to the tree, then you could be held liable for its value. So if you are concerned, get a professional to prune back the tree and roots.
Second, it seems that you have not talked to this neighbor yet so may be anticipating trouble that may not occur. I would simply inform the neighbor that you are concerned about the tree damaging your property so you are having a landscaper check it out and advise what needs to be done. If the landscaper can make the tree safe by trimming parts on your property, then the neighbor doesn't have to do anything. Otherwise, you show the neighbor the estimate and what they need to do. Then proceed from there. |
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Often at lesat in GA the way it worked if the tree fell due to neglect, and esp if he has been warned, ( giving him an est to fix would be good proof)
But if the tree was merely blown down in storm, ( act of God) then they are not liable. But in general as Scott mentioned, just talking to them often makes the difference. |
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