Can an adjoining property force me to cut a tree on my property because it may fall onto there structure?
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Can an adjoining property force me to cut a tree on my property because it may fall onto there structure?
A large tree on a hillside hangs over an apartment building. The
buildings lawyers have sent me a letter stating that I must cut down
the tree so it doesn’t fall onto their building and thus causing
damage. About 3 months ago a branch of the tree fell so now they are
saying the tree is a danger.
Asked on August 27, 2016 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, they can't force you to cut the tree down. BUT if they have put you on notice of the danger--i.e. that tree is situated so that it could fall on the buiiding--and if you fail to cut it down or take some other reasonable action to ameliorate the risk, then if it does fall and damages property or harms a person, you can be held liable for the damage or injuries it causes. That is because it is negligent, or unreasonably careless, to not take action when warned of a risk. So they can't force you to cut the tree down, but they can hold you accountable for what happens if it or its branches fall.
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