Am I responsible for sidewalk repairs due to my neighbor's tree damage?

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:
  • State: Michigan

Answer:

Your question touches on a common issue regarding tree damage and sidewalk maintenance. Many cities have laws that require property owners to maintain trees and repair sidewalks damaged by those trees, even if they are considered "street trees" located in the public right-of-way adjacent to your property. To understand your obligations, check with your city regarding their regulations.

If the tree causing the damage is on your neighbor's property, you should discuss this with the city and review the relevant regulations. It may be that since the sidewalk is in front of your property, you are responsible for its repair. However, if the neighbor owns the tree, you might have grounds to make a claim against them for damages.

Additionally, if the tree is deemed a "danger tree," you may have further claims available. It's also important to consider potential personal injury claims that could arise from sidewalk damage; if you are responsible for maintenance, you could be liable for injuries that occur due to the damage. Your home insurance may cover any claims related to this issue.

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

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.