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Trees
Neighbors tree has damaged sidewalk and I have received a notice to repair. Is my neighbor not liable?

Neighbors tree has damaged sidewalk and I have received a notice to repair. Is my neighbor not liable?

Q: What does the use of land for new construction within an already built up area refer to?

The use of land for new construction within an already built-up area is commonly referred to as infill development. This practice aims to utilize vacant or underused parcels of land in urban areas to promote growth and efficiency while minimizing urban sprawl.

Q: Can you own a building but not the land?

Yes, it is possible to own a building without owning the land it sits on. This situation typically occurs in leasehold arrangements, where the building owner leases the land from a landowner, allowing them to use the building while paying rent for the land.

Q: What is it called when you own buildings?

When you own buildings, it is typically referred to as real estate ownership. This encompasses various types of ownership, including residential, commercial, and industrial properties, allowing the owner to manage, lease, or sell the buildings as they see fit.

Q: What is it called when you own the building but not the land?

Owning a building but not the land is often referred to as a leasehold interest. In this arrangement, the building owner has rights to the structure and its use, while the land is owned by another party, usually under a lease agreement.

Full question:

When we bought our home the area next to us was vacant. The builder has started to develop the prop for housing development. Our home was the last home built next to his land. His tree has caused alot damage to the side walk. We received a notice to repair this said sidewalk. Why would we pay to have pay for damages done by someone else neglect?

Category: Trees
Date: 04/07/2025
State: Michigan

Answer:

Your question is an interesting one because the laws on trees can be a problem for property owners. Many Cities have regulations that require property owners to maintain trees and even repair sidewalks damages by trees even if they are called "street trees". These are trees that are on the street right-of-way but adjacent to your property. In order to determine the provisions of any such regulations in your City you should check with them.

If the tree is on your neighbors property and has damaged the sidewalk, you should discuss this with the City and look at the regulations. It may be that if the sidewalk is in front of your property that you have to repair it. But if the neighbor owns the tree you may be able to make a claim against the neighbor. It could also be considered a "danger tree" and if so you may be able to make a claim.

Another issue to consider is personal injury caused by damage to sidewalks. If you are responsible for maintenance, you may also be responsible for person injury due to the sidewalk damage. Your home insurance may cover a claim.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is it called when you own the property but not the land?

When you own a property but not the underlying land, it is often referred to as a leasehold estate. In this arrangement, you have rights to use and occupy the property for a specified period, but the land itself is owned by another party, such as a landlord or a landowner.

What does the use of land for new construction within an already built up area refer to?

Can you own a building but not the land?

What are factors that could cause the property value to go down in a neighborhood?

Several factors can cause property values to decline in a neighborhood, including increased crime rates, poor school performance, lack of maintenance in surrounding properties, economic downturns, and changes in zoning laws. Additionally, environmental issues or the presence of undesirable developments can negatively impact property values.