In an unwelcome repeat of last summer’s scenario following the derecho, many Washington area homeowners are dealing with the aftermath of fallen trees caused by winds from Hurricane Sandy that swept across the Eastern Seaboard this week.
If you were spared from this situation last summer, you might assume that your neighbor would be responsible for assuming the costs of his tree that fell on your property.
But that may not be the case.
The general rule is that unless the neighbor knew or should have known that his tree was unsafe, he is not responsible even if it hurt you or your family member or damaged your property. Our courts follow the old common law: It’s your property, so take care of it, unless you can prove your neighbor was negligent.
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Green Real Estate Appraiser 