neighbors tree damages my fence after years of growth who is liable for damages?
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neighbors tree damages my fence after years of growth who is liable for damages?
a piece of property next to mine has a tree/bush that has grown out of
control..the property has been neglected for years but didn’t have to deal with
the overgrowth due to the fence
Asked on December 2, 2016 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF you had previously warned the neighbor that the tree was starting to damage or affect your fence, then you could hold them liable for the damage based on a theory of "negligence": that is, that it is negligent, or unreasonably careless, to not take steps to prevent damage from their tree when they are warned of the risk. In this case, if they will not voluntarily compensate you, you could sue them with a reasonably good chance of success.
But if you had not provably (e.g. in writing, or by email or text) warned them of the risk of damage, they would not be liable, since without notice of the risk, there would be no reason for them to take any action--that is, they were not careless in not averting a threat of which they were not aware.
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