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Who’s responsible when a tree falls?

10:02 PM CDT on Monday, May 12, 2008

Extended Interview: Attorney John Yarbrough

(KMOV)- Tree service crews were out again on Monday clearing branches and trees blown over by the storm.

 

In West St. Louis County they were removing a tree that fell on a resident’s garage.

                      

It was the neighbor's tree that landed on it.

           

In another case, a tree on city property crushed a car sitting in a driveway.

           

So who's responsible for the damage?

           

Most would think it’s a simple case of who owns the tree pays for the damage, but that's not the law.

 

At first, the city said it wasn't their responsibility, even though the tree was in their easement.

 

A resident said the city widened the street a few years ago and cut into the roots on the street side.

 

But Monday morning, crews did show up and cut it up.

 

So who is responsible when a tree falls?

 

If the neighbor's tree is in a state of decay, and the tree falls and damages property, the neighbor's going to have to pay for those damages or their insurance company is.

 

Now if you're worried about your neighbor’s tree, you can trim the branches that hang over your property, even without asking, because that's your air space.