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Updated over 6 years ago on . Most recent reply
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Tree on fence caused damage. Who pays?
The neighbor's tree next to my rental property fell on the fence separating our properties. The fence is damaged. First, how do I know who owns that fence? Secondly, does the neighbor have to pay to clear the tree remains on my side of yard and any damage if I own the fence?
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Wayne Brooks
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It doesn’t matter whose tree it is, period....when a tree falls whoever owns the property damaged by it is responsible to fix their own property, and for the clean up of the portion of the tree on their property.
Exception: if the tree was obviously damaged/diseased and the other party gave them written notice of it in advance.