Neighbors Tree

UPDATED: Sep 30, 2022

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Neighbors Tree

My neighbor had a large healthy oak tree that fell on my property. My
understanding is that I’m responsible for the damage it did to my fence/personal
property. My question is, am I also responsible for the disposal of his tree or can it
be moved back to his property?

Asked on January 24, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The neighbor would be responsible if he or she was negligent, or unreasonably careless, in some way, such as by ignoring obvious signs of sickness, damage, weakness, ill health, etc. in the tree. If a reasonable person would have realized that this tree posed a threat and taken steps to prevent that threat (e.g. trimmed or cut it down), then the neighbor could be liable for the costs or consequences flowing out of his failure to do so. But if there was no reason to perceive a threat, the neighbor did nothing wrong and would  not be liable; you would have to bear your own costs or losses.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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