7Eleven tree toppling our fence

I have a property next to a 7 Eleven and their trees in the back of their parking lot is uprooting our fence. What is the responsibility of 7 Eleven not only with respect to removing the trees, but to our fence, as it now needs to be replaced.

Thank you,
Susan

Great question. This will diff...

Great question. This will differ not just from state to state but also from city to city so be sure to check locally before taking action based on the following:
1. Generally speaking the tree owner is responsible for maintaining a tree, however damage caused by an overhanging tree (from a falling limb for instance) is only a liability for the tree owner if he/she failed to maintain the tree and was warned of such failure prior to the incident. So if an overhanging tree looks dangerous to you be sure to notify the owner in writing of the danger.
2. Tree roots that cause damage to fences etc are likely considered encroachments (depending on local law) and therefore the tree owner should be liable for the removal of the tree although probably not for the damage the roots caused. Its important to note also that if you purchased the property and the roots were already encroaching, this could be considered acceptance of the encroachment because it was already in place when you closed.
In general, from the sounds of you question I would guess that you should be able to get them to remove the tree, but think it somewhat unlikely that they will be liable for any damages caused.

Post Reply

Please login or register to add your reply.

Tenant Screening

Comprehensive credit & criminal screening.
Get access to bankruptcies, employment history, medical records, past addresses, evictions and more.

View Pricing & Get Started


Legal Forms

State-specific legal forms.
Lease agreements, rental applications, lease termination, eviction forms and much more.

Browse Our Legal Forms


Membership Pricing

Our paid membership plans now include free tenant screenings! Greater access to all of our features and the membership pays for itself!

View Pricing & Get Started

LandlordStation News

LandlordStation Blog