If my neighbor’s tree fell on my property and he will not clean it up, am I free to do it or does he have rights in the tree?

If my neighbor’s tree fell on my property and he will not clean it up, am I free to do it or does he have rights in the tree?

A large pine tree fell from my neighbor’s property onto mine, damaging my fence and leaving 50 feet of dead tree in my yard. I have attempted to contact my neighbor, who is a lawyer and owns an investment property next to mine, but he will not return my calls. His caretaker infomed me they would not clean up the tree from my yard or repair the fence. Am I free to remove the portion of the tree on my property or is this tree still my neighbor’s property and must I give him written notice?

Asked on January 20, 2012 under Real Estate Law, Virginia

Answers:

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