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avmaster

Junior Member
What is the name of your state? maryland
during a recent storm,a tree on my property was knocked over and is now supported by the fence between me and my neighbor.It has not completely uprooted but it is hanging extremely close to my neighbors home. I was told by a friend that I'm not responsible for this portion of the tree and the same thing was told to me by a tree removal company. Can this be true, what other recourse do I have if my neighbor is unwilling to foot the bill for removal?
 


I AM ALWAYS LIABLE

Senior Member
BelizeBreeze said:
Both are wrong.

My response:

Had the tree fallen, and caused damages, then your "experts" would have been correct because the damages would have been caused by an "act of nature".

However, today's situation is different. You now are "on notice" of a problem with your tree, and because you're on notice, if it should happen to cause damages, you'd be on the hook.

Since the tree is now hanging over your neighbor's property, and doing damage to the fence, and since the tree emmanates from your property, you're now the one on the hook to remove your tree. Remember, a tree is personal property. And, because you're now on notice, your "personal property" is trespassing, and you're allowing the trespass.

Get rid of your tree. You're the one on the hook for its removal.

IAAL
 

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