Legal Lens: What you can legally do if a neighbor is negligent about trees, water run-off onto your property –

The Brown & Crouppen Authorized Lens takes A greater Take A lookay at on A daily basis legal factors And provides you A greater understanding of subjects Which will have an effect on you.

ST. LOUIS – Do You’d like to really feel your neighbor is being negligent with their timber rising into your property or water runoff, you do have some safety. Andrea McNairy, managing lawyer at Brown & Crouppen, explains All of it On this week’s Authorized Lens.

What In case your neighbor’s tree falls onto your property? Are you able to sue them?

“The reply is it relies upon. Landowners are Responsible for maintaining the timber on their property. Authorizedly, landowners have two duties on their properties. One Is that they Want to make affordable inspections of their timber and branches And guarantee They’re protected. And two They’ve To Ensure it’s alive and anticipated to be protected,” McNairy said.

What if branches are hanging onto your property, can you do something?  

“You will Have The power to. Authorizedly, You are allowed to trim branches That are over your property however solely As a lot As a Outcome of the property line,” she said.

“You Have to Watch out because if you destroy the tree or the tree dies from over trimming, You can be liable for As a lot as 3 occasions The worth of the tree. So you can trim the branches As a lot as your property line however You’ve to Watch out with that.”

Are you able to strain neighbors to trim the timber That are hanging onto your property?

“You will Have The power to’t. Definitely one of my ideas Can be To maintain communication open Collectively with your neighbors because if You are really feeling they do have a tree or limb That is dangerous, and issues coming onto your property, and don’t lookay healthful. Afterward, you can current there was communication That would have occurred They typinamey didn’t fulfill their obligation as landowners,” McNairy said. 

When it Includes water and water runoff Out of your neighbor’s yard, What’s your suggestion with that?

“Missouri has adopted what they name affordable use rule, so in distinction to completely different states, you can change the circulate of water By your self property, and It might circulate onto your neighbor’s property and it (is) okay,” she said.

“But you can’t intrude with use and leisure on somebody’s property And also you’d possibly’t destroy somebody’s property.”

McNairy additionally says these factors get weighed by the courtroom as to Who’s accountable.

Advocate a Correction