My nieghbor has a cherry blossom tree. Every year the cherry blossoms fall off in my yard. I have to have my vehicles detailed every year be...

Question

My nieghbor has a cherry blossom tree. Every year the cherry blossoms fall off in my yard. I have to have my vehicles detailed every year because the cherry blossoms will destroy the paint on my vehicles. Is my neighbor responsible for the damage to my vehicles caused by the tree in his yard?

Answer

Great question. The short answer is, "it depends." It depends on whether that tree was there when you purchased your home, or was it planted afterward? You see, if you purchased the home, knowing the tree was there, you are not in a position to claim that you had no idea it was there, or that you had no reason to know that a cherry tree would drop its blossoms on your car.

On the other hand, if your neighbor installed it after you were already there, you may have a case. Before I go further, let me point something out. Cases like these typically take thousands, if not tens of thousands of dollars to resolve. They lead to a very bitter relations with your neighbor who loves to play George Washington once a year, and even if you win, it may not be worth it. Consider who many years of annual details on your car you can get, without all the trouble such a case brings, not to mention the possibility that you may lose in court.

With that said, if you are still gung ho on pursuing your rights, and if it can be fairly said that you had no reason to know about the tree or its effects on your property when you purchased your property, then yes, I think you can pursue the matter.

Before you decide one way or another, if I may, I suggest sitting down with an attorney, and having the answers to the above questions ready for the attorney. Paying for a one hour consultation, even if you do nothing further, may be worth it, to know exactly where you stand.

In this forum, with what you have provided, the best I can tell you is that theoretically, yes, you have a case for various causes of action to either get damages or perhaps have the tree removed, but it all depends on the exact facts of your situation, and what you knew and when you knew it.