The Law & You

My Neighbor’s Tree Fell in My Yard and He Refuses to Clean it Up. Now What?

The Law & You
May 29, 2018

The Law and You

My Neighbor’s Tree Fell in My Yard and He Refuses to Clean it Up. Now What?

The neighbor’s tree fell into a viewer’s yard. The neighbor is refusing to clean it up. What can be done? Real estate attorneys Greg Fellerman and Ed Ciarimboli have a few legal suggestions.

Dave Kuharchik: So the rain has caused a bunch of problems as of late and a mess for one viewer. We’ll get to the question in a moment but first, it’s “The Law and You” with attorneys Greg Fellerman and Ed Ciarimboli.

Ed Ciarimboli: It’s been a mess. An absolute mess all around.

Dave: We went from the winter that wouldn’t end to a spring that has been cold a rainy. The rain is causing an issue for this viewer. Here’s our question tonight. Paul in Jessup says, “With all the rain recently my neighbor’s tree fell in my yard and he won’t clean it up.” What can Paul do?

Ed: Paul, what you can do is clean up the tree, obviously, it’s in your yard, and send your neighbor the bill. You’re well in your right to do that. The only other way you’re going to force him to clean it up is you’re going to have to take him to small claims court. But my suggestion is just to clean it up and send him the bill.

Greg Fellerman: And if he doesn’t, this is a case that goes before a district judge.

Ed: Absolutely.

Greg: You go in, it’s a pretty simple case. You come in with your bill, probably bring in the guy who did the work, have him testify to it, photographs, you’ll be there ten minutes and the case should be over. But, it’s probably good to have a lawyer, probably can do it yourself if you wanted. But there’s no reason why the neighbor doesn’t pay for that.

Ed: Greg is 100 percent right. Get your documents in order, get your photographs in order, make sure you take pictures of the tree on your property before and after, and you’ll be successful.

Dave: And if anyone needs to be pointed in the right direction, how can they get a hold of you guys?

Greg: Give us a call at 570-714-HURT. See us on the web at 714hurt.com,

Ed: And if you need to know the district justices in your particular area, just shoot us an email and we can tell you pretty quickly.

Dave: Don’t forget, the big boat on Harvey’s Lake is Greg’s. Wave him down, he’ll answer your question. Results matter with attorneys Greg Fellerman and Ed Ciarimboli. See you next time.

Ed: See you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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